Question about plot handover.

[jaylay]

I hope this is the right section for this question?  I am a parish councillor for the village where I live and we managed to open some village allotments last March.  (I am also the only councillor with a plot) Its been amazing what the tenants have managed to achieve in such a short time.  However we have started to get some tenants finding themselves too busy to continue with their plots.  We have received a couple of requests to cancel the agreement.  Could I ask if anyone can tell me what the usual process is when it comes to items the previous tenant Put on the plot such as shed and rabbit fencing.  Is there a time limit for how soon these need to me removed from the plot?

Any replies greatly appreciated

Jerry

[jaylay]

[kt.]

Our rules state that the outgoing tenants have 28 days to remove their belongings after which they remain for the incoming tenant.  Sometimes a price can be agreed between the old and new plot holders for sheds, greenhouses etc.

[Chrispy]

If no rent is due for a while, just agree with the tennant what date they would like to end, and make it clear it has to be cleared of their stuff by then for a new tenant to move on the next day.

If rent is due, then I would give them 28 days.

Do be strict, make sure that they fully understand that they lose the right to anything left after the agreed date, including trees/bushes.
We have had a couple of occasion where the previous tenant came back later to retreive more of their stuff after the date, much to the dismay of the new tenant.

[Unwashed]

Hi Jerry, welcome to A4A

It's a good idea to have something in the tenancy agreement like ktlawson says, but you need to be sure that the tenancy has really ended.  Failing that there's statutory provisions in Torts (Interference with Goods) Act 1977 which if I understand it right makes you an involuntary bailee and you have an obligation to serve notice on the tenant that you'll be disposing of whatever they leave behind and you have to get the best price you reasonably can for the items and after you deduct your costs if there's monty left it belongs to the tenant.  It's not altogether satisfactory, but there you have it.

[Trevor_D]

It depends a lot on the goodwill.

If you are throwing them off - for non-cultivation, or whatever - then it's usual to give them 28 days to remove any property, after which it devolves to the Society.

But if they are giving up on their own volition, our policy is to either give them the previous choice, or let them leave it; in this case they can negotiate a price with the new tenant, or chose to donate it to the Society (and we ask the new tenant for a small donation). 

It's worked so far.