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Allotment tenancy terminated because of false allegations. Please help

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  • Allotment tenancy terminated because of false allegations. Please help

    I have taken on an allotment from the council for just over a year and had put in a lot of hard work to turn a completely overgrown plot around in that time, put in raised beds, tons of compost, a greenhouse and in the process of building a shed. The allotment has been my life for much of this year and grew very fond of it.

    To cut a long story short, I was friends with another plot holder who recently had a new neighbour who initially seemed nice but later had a lot of disagreement which she described as harassment but unfortunately never got round to reporting it. Their relationship broke down to such an extent that the new guy walked out and whilst walking out, made up allegations about us to the allotment rep who reported it straight to the council without speaking to us first to establish facts. I believe I was dragged into this as I was friends with this lady and tried to mediate on a few occasions when things got really bad.

    The incident that was supposedly reported was that we caught and drowned a rat and he felt so disgusted and scared that he could no longer continue. All the council had was a supposed witness account from this person and a picture of a dead rat inside a drained out water tank.

    Based on the report, we both received a termination notice and we have 28 days to clear our things and leave. More interestingly is that the tenancy agreement doesn't state that one can be kicked out immediately for serious offenses.

    None of us was made aware of the allegations or given the opportunity to state our case and the first we heard of this was in the termination notice. Most importantly of all, none of whats alleged was true and is a pure stitch-up. As it is, anybody can make up anything and see an innocent plot holder thrown off!

    I've already written in to the council to raise a complaint and also spoke to my local councillor. The allotment officer from the council wouldn't engage in any talks and just stated if I have evidence to suggest that the termination is unjustified, then I'm welcome to send them in for consideration.

    I'm very worried as I've been dragged into this mess and my supposed friend isn't particularly helpful or bothered to defend this and is instead trying to blame me. I'm very upset to think I will lose my plot over this silly game and maladministration by the council.

    The council doesn't have good evidence to suggest I'm guilty and me neither to prove I'm innocent. I'm at a loss of what I can do at this point. Any advise would be highly appreciated. I considered hiring a solicitor but I'm not keen at the costs involved.

  • #2
    Hello Widgeon - first of all, welcome to the vine!

    I'm guessing that in the cold light of tomorrow morning, there will be grapes along to give you a range of opinion and thought - so all I can say at the wrong end of a Friday evening is hello!

    In the meantime, is your plot privately owned, or council owned? Are you self regulated or still council run and regulated (i.e. who does the Allotment Rep answer to?). What is the specific reason given for the termination of tenancy?

    Facts will help us to help you - clearer the better. Obvs as a first time poster we don't know you (or your allegedly rat drowning tendencies ) but we are a good hearted bunch who will help if we can.

    On the perspective thing - solicitors round our way cost about £250 per hour. This tells me two things - (1) I have to grow a mountain of fresh produce to account for even an hour of m'learned friend's time, and (2) I'm in the wrong job

    Comment


    • #3
      You could contact the legal ombudsman,I've added links that might help & it's free.
      "The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’. If the Ombudsman is satisfied with a council’s actions or proposed actions, she can complete her investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i))"
      LGO Internet | 15 000 366
      What evidence do you need to look into the complaint? | Legal Ombudsman
      Location : Essex

      Comment


      • #4
        As you have a council allotment, they should have procedures to follow and they are unlikely to act on allegation without any proof.

        I am assuming that they have informed you of your termination in writing? Does it give details of appeal. If so then this is the procedure that you should follow. Your tenancy agreement and any eviction notice from the council will be legal documents and I wouldn't attempt to give unqualified legal advice. Perhaps you could take the tenancy agreement and the eviction letter to the Citizen's Advice Bureau and ask them for advice. Your councillor 'may' be able to assist. I think it unlikely that you would need to hire a solicitor and as Hazel has said, it would be difficult to justify the cost. You may be able to get free legal advice from a trade union if you are a member.
        Posted on an iPad so apologies for any randomly auto-corrected gobbledegook

        Comment


        • #5
          This sounds awful. My advice is just to make sure any letters you write to the council are calm and logical, even if you don't feel it inside! I had a long wrangle with our parish council over my plot (different story, won't bore you with it) but I won out in the end and they apologized. You could also research other councils' tenancy agreements on tinternet if you want to suggest that their policy is faulty or unclear.
          My Autumn 2016 blog entry, all about Plum Glut Guilt:

          http://www.mandysutter.com/plum-crazy/

          Comment


          • #6
            Hello and welcome Widgeon.
            I'm trying to understand what has happened here
            Has the "new guy" who made the allegations given up his plot? You say he "walked out". Just wondering what he stands to gain by making these accusations.

            Comment


            • #7
              As I'm very prone to saying in threads of this nature ........ Citizens Advice Bureau ..... there is even an online service these days .... https://www.citizensadvice.org.uk/ ... it's what they are there for, members may be able to comment on generlisations but it needs to be remembered that each case is different.
              Last edited by bearded bloke; 27-08-2016, 11:05 AM. Reason: shortened link
              He who smiles in the face of adversity,has already decided who to blame

              Artificial intelligence is no match for natural stupidity

              Comment


              • #8
                I think one of the most important things to do right now is to get written statements off people who will witness/stand up for you so you are not just going down the line 'he said/she said' route.
                You'd be surprised how many will back you privately but will run a mile if asked to put their money where their mouth is.
                "Nicos, Queen of Gooooogle" and... GYO's own Miss Marple

                Location....Normandy France

                Comment


                • #9
                  Thank you everybody for the kind response. I have already spoken to CAB on the phone they they suggested to write a letter to the council to reconsider the termination as the termination notice indicated there was no appeal process.

                  Yes the allotment is council owned, ran and regulated, The allotment rep liaises directly with the council. We are in the process of setting up an association partially because and the council might relinquish ownership within the next few years and we have to self run and partially to be able to secure funding etc...

                  The termination was notified in writing, where I was described to about of the alleged incident and which clause of the tenancy agreement was broken (nuisance). Further along the letter it stated that because of the seriousness nature of the incident as it had caused someone to quit, a warning letter is not justified and warrants a termination. There was no signature on the letter, only the name of the allotment officer of the council. When I phoned the council, I was told they do not sign letters.

                  The new guy had indeed given up his plot. He came about 2 months ago and apparently on recommendation by another person in a different allotment who knew the lady. He tried to made romantic advanced towards the lady which was unwelcomed and hence the harassment and disagreement. She was married did not say until much later when things got so bad that she threatened to call her husband. Her husband did come down, and the new guy immediately walked out and that was the last time she had seen him. Apparently he came back the next day to take his tools and left for good. He was still on probation when he left and has not signed the tenancy.

                  The lady has been here for 6 years and never had trouble. We guess this was a revenge attack as the guy couldn't achieve his goals of pursuing this lady after putting in so much effort into his plot and wanted us to lose ours too. I was pulled into it as I was her friend and stood up for her.

                  Comment


                  • #10
                    I would have thought that if the lady and her OH were prepared to put that in writing, and you are...and there is nothing else which has been going on behind the scenes , then a reasonable council member would overturn your termination.

                    Be calm, up front and honest, and give them written evidence so they are able to make an educated reassessment.
                    "Nicos, Queen of Gooooogle" and... GYO's own Miss Marple

                    Location....Normandy France

                    Comment


                    • #11
                      Thanks for the explanation, Widgeon. Is the lady prepared to write that she was being harassed by this guy? Her husband too? Maybe there are others who witnessed the harassment?
                      Just thoughts really to strengthen your case.

                      Comment


                      • #12
                        Strikes me it is a matter for the police to settle?
                        My Majesty made for him a garden anew in order
                        to present to him vegetables and all beautiful flowers.- Offerings of Thutmose III to Amon-Ra (1500 BCE)

                        Diversify & prosper


                        Comment

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