Decision details

To seek approval for a change in working practice around terminations of allotment tenancies following a Notice to Quit for non-payment of rent. Currently tenants are allowed to retain their plots if payment is made during the Notice period. The proposal is that if a tenant receives a Notice to Quit for non-payment for the third time in respect of the same plot, their tenancy will be terminated at the end of the notice period and they will be required to give up possession.

That, with effect from 1st April 2017 and subject to the right of appeal as described in the report, if an allotment tenant receives a Notice to Quit for non-payment for the third time in respect of the same plot, their tenancy will be terminated at the end of the notice period and they will be required to give up possession.

This proposal is clear and fair. The intended outcome is that more allotment tenants will pay their rent when it is due and before they are issued a Notice to Quit.

The option to do nothing and continue with the current practice has been ruled out for the reasons set out at paragraphs 1.4 and 2.1 of the report.

ALL rent Notices to Quit could be treated in the same way, but this may be too harsh since sometimes there can be good reasons why people pay late.

The proposal could be limited to three rent Notices to Quit issued to the same customer within a finite period (such as five years), but this would be less clear and straightforward.