Eviction and appeals policy and procedure Adopted 29-09-25

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Adopted Full Council 29th September 2025

ALLOTMENT EVICTION AND APPEALS – POLICY AND PROCEDURE
Allotment tenants should have clear and fair published policies for dealing with matters
such as lack of cultivation of plots. These policies should clearly state the timescales
involved, the appeals process and that consideration will be given to mitigating
circumstances such as illness or injury of the plot holder.
Inspection
Any officer or agent of the council or land owner shall be entitled at any time when
instructed by the council to enter and inspect the allotment garden.
Inspections on allotment sites will be held on a regular basis.
The inspections will look at the allotment licences as the criteria for identifying whether a
plot holder is not complying with the rules laid out to them.
A photograph of the plot that is classed as contrary to the licence will be taken as
evidence.
Enforcement – Improvement Letter
The first course of action if a plot is identified as not complying with their tenancy licence,
will be an improvement letter.
This letter will detail the unacceptable criteria.
The plot holder is given 14 days to rectify the situation and/or explain satisfactory the
reasons for the plots unacceptable condition.
The Operations Manager should be made aware of any special circumstances relating to a
plot holder whose plot is unacceptable e.g illness. Any information gathered will be dealt
with confidentially and each instance will be dealt with on an individual basis.
The Operations Manager will be authorised to make the decision on whether a Formal
Waring Letter is issued.
Enforcement – Formal Warning Letter
After the rectification period and in the absence of an improvement or explanatory letter,
a final warning letter will be issued, reaffirming the statements in the improvement letter.
The tenant must show an immediate improvement within 14 days of the date of the letter
or an explanation as to why the improvement letter was ignored, failing which the licence
will be terminated.
The Operations Manager will be authorised to make this decision on whether a notice to
quit is issued.
Enforcement – Notice to Quit
If there is no immediate improvement or satisfactory accepted explanation within the time
scale, a termination letter (Notice to Quit) will be issued to the plot holder. The plot
holder will be given 14 days to remove any crops, tools and structures left on the site.

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Adopted Full Council 29th September 2025

In the event of a serious breach of the tenancy licence, the council reserves the right to
serve immediate Notice to Quit, without progression through all stages as detailed in this
procedure.
Appeals Process
A plot holder may appeal (in writing) against the termination within 14 days of the receipt
of the termination letter.
The appeal should detail the reasons for the lack of improvement and reasons why the
termination should be withdrawn.
The plot holder will retain ownership of the plot whilst the appeal is being considered.
The Amenities and Events Committee will appoint 3 members of the committee to act as
the appeals panel who must make a decision and reply to the plot holder within 14 days of
receipt of appeal.
There are three options for the appeals panel to consider1. The termination is upheld.
2. The plot holder is re-instated with a probationary period of 6 months, where any
further breach of the Allotment Terms and Conditions will result in immediate
termination with no right of appeal.
3. Re-instate the plot holder with no probation.
The appeal hearing should be minuted and circulated to both the plot holder and panel to
ensure there is a record of the process.
The minutes will also be recorded as received at the next amenities and events committee
meeting.
The decision of the appeals panel is final.
If a probationary period is agreed on, a review will be dealt with by the appeals panel and
a decision will be made by the panel as to whether the conditions of the probationary
period have been met. If there are no issues, the tenant will remain on the plot. If there
are breaches of the conditions of probationary or tenancy agreement, the panel have a
right to immediately terminate the tenancy with no further right of appeal.
V001 May 2025

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