Notices, enforcement and appeals

Enforcement process

Where there is a general breach of the tenancy conditions, a three-stage enforcement process will apply.
 

Stage 1 – Breach of Tenancy (BOT 1) (Advisory) Notice 

If your plot is not being cultivated to an acceptable standard, or you are in breach of another tenancy condition, you will initially receive an informal advisory letter. This will outline the concerns and request that you remedy the issue within 28 days.

Your plot will normally be re-inspected approximately four weeks after the letter is issued. If significant improvement has been made, no further action will be taken.

However, if the plot becomes untidy again, or similar issues reoccur, we may move directly to Stage 2 without issuing a further advisory letter.
 

Stage 2 – Breach of Tenancy (BOT 2) (Formal Improvement) Notice

If sufficient improvement has not been made following Stage 1, a formal 28 day Improvement Notice (or formal written warning) will be issued.

A further inspection will take place after the notice period. If the required standards have been met, the matter will be closed. If not, the enforcement process will progress to Stage 3.
 

Stage 3 – Breach of Tenancy (BOT 3) (Eviction) Notice

If the plot has not improved to the required standard, the Council will issue a formal written Notice to Terminate the Tenancy.

You will normally be given 28 days to remove all personal belongings and materials from the plot. Please note that if a tenancy is terminated due to breach of the agreement, no refund of rent will be payable.

Further information regarding tenancy termination is available separately.
 

Appeals and mitigating circumstances

If you have a genuine reason why you are unable to maintain your plot, you must contact the Council as soon as possible. Early communication may help prevent escalation through the enforcement stages.

If you are struggling to manage your plot, the following options may be available:

  • Requesting a reduction in plot size (where feasible), as smaller plots are often more manageable.

  • Registering a temporary helper to assist with cultivation.

Where additional time is required to address enforcement issues, you should contact us without delay. In exceptional circumstances, such as serious illness or bereavement, reasonable extensions may be considered.
 

Re-inspections

Plots are usually re-inspected within approximately one month of an enforcement letter being issued, subject to staffing resources and weather conditions.

If the plot fails to meet the required standard at re-inspection, the next stage of the enforcement process will be implemented.