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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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tenant terminated by allotment association without any explanation.

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tenant terminated by allotment association without any explanation. can legal proceedings on behalf of tenat be undertaken?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Does the tenancy agreement allow termination without explanation or notice?

Do you have any idea why this has been done?

How long has the occupier been there?
Customer: replied 4 years ago.

tenancy began spring 2013

agreement does not provide termination without explanation or notice

plot was not cultivated because of Achilles tendinitis, but greenhouses were used/written explanation was given to association on why plot not cultivated when requested/no response was received except terse termination without explanation

Customer: replied 4 years ago.

the tenancy does not allow termination without explanation or notice


I surmise it was done because I did not cultivate plot for 2013 season. Did not cultivate because of Achilles tendinitis injury. Did however grow veg in two greenhouses on plot. Injury was explained to association when they inquired, and they said they would offer assistance. No help was forthcoming and no response received other than terse statement that tenancy was terminated.


Tenancy began spring 2013



Is it a condition of the tenancy that the plot is cultivated?
Customer: replied 4 years ago.

it is a condition of the tenancy that the plot be cultivated. however, the allotment association constitution states that "If the plot remains consistently neglected without the reason being specified in writing to the committee" termination can take place. Written explanation was provided and no reply was received except the termination notice. In a prior notice to myself it was stated that "if you have a reason for none [sic] compliance please inform a committee member and we will see if we can offer some assistance or advice. As I have previously said. a written explanation was sent and the only response was "unfortunately we have to terminate your tenure"....please return keys.


Under "Expulsion" terms in allotment constitution it states that if "allotment holder infringes any rule or regulation....allotment holder has the opportunity to appeal to a meeting of a special management committee comprising at least six members." this was not afforded me.


by the by, the terminology "consistently neglected" is vague and non specific. there are plots that have been uncultivated for several seasons without the tenants being terminated. in my case it was one season and a medical reason was provided. also note, during the 2013 season I was never given any notice or warning about the plot not being cultivated which might lead to termination. certainly, in my view, one season of non cultivation does not comprise "consistently neglected" especially since weeds were contained, vegetables grown in greenhouses and attendance at monthly allotment meetings attests to my on going interest and commitment even to the extent of having two other plot holders water my greenhouse plants while I was on holiday.







You obviously have any rights afforded to you under the terms of the agreement, which includes the opportunity to appeal to the special management committee. However, there is no guaranteeing that that appeal will be successful.

Even if it is not granted or not successful, there is a great difficulty in suing an unincorporated association for breach of contract.

I think they are in breach of contract. However, to bring a successful claim, you would have to prove that you suffered loss and in this case, because you were not cultivating the land, there is very little loss.
A solicitors letter threatening a court application for reinstatement may either make them rethink about this, or make them dig their heels in.

The cost of taking this the court with no guarantee of winning could be prohibitive and it could easily cost between 5000 and £10,000 if you lost. By the same token, if you want, you would get costs awarded against the committee and the other allotment occupiers.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


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