Legal opinion from esteemed members... Or similar;)

[Baldy]

Plot holder moves house, apparently changes mobile Phone number (which is odd as aforementioned person makes a living via people contacting him on the dog n bone for the most part I would imagine)
Not seen on site since September last year. Only grew a specific rathe exotic allium...
Complaints from other plot holders about weeds and mess. 3 informal texts before the wheels of authority started to turn.
3 letters over the course of the winter months
No reply.

Plot,shed,contents handed over people getting on with things. Some things reused some things sent to tip by new peeps.

So. Original plot holder returns mid March. Suspect he will try police but more likely end up as a civil claim.
They haven't abided by plot contract re: communication but still...
So - ideas about how best to handle similar things going forward.
I think we'll photo contents but how long should you hold in to this stuff. For the most part when someone has disappeared for 5 months incommunicado they aren't coming back...

[veggiechicken]

Have you asked him why he has been absent?
Maybe in hospital, working away, sent down? He may have a legitimate reason for being unable to use his phone.

[Baldy]

Yep
Bereavement is the alleged reason

[Baldy]

Point of this is how to handle these types of thing in the future.

[Cadalot]

If you have a formal process that involves sending letters and the guy has not updated his information is that your fault? I think not. But I would ensure that proof of posting is obtained. Party Wall Surveyors are advised by the courts to get proof of posting of notices and not send recorded delivery signed for as they can be declined and you can never make out the signature on the tablets they use these days.

Here is the LBS Process https://lbs-site-rep-assoc.blogspot....spections.html

[Chestnut]

Our sites have a system of posting notice to quit on the plot itself, as well as by letter to registered address. Council owned, so they have electoral roll and council tax depts too - so perhaps more likely they’ll have up to date contact details.

I guess the way to defend against this is to specify in allotment rules/contract that contact details must be kept up to date, and clearly state the procedure for eviction and appeal, including that items left on plot after eviction become property of the association etc...

[bikermike]

IANAL (well, I am, but it's my day off).

bottom line is that it is (IMO) whatever the permission says (although allotments are often called leases, I think they are generally licences).

The problem is that usually, the [permission] is silent as to what you need to do about notices.

When you say exotic allium, I assume this is something lawfully enjoyed in California? if you smoke ordinary garlic, the worst is that someone could assume you are a Frenchman...

For the police to be involved it will need to be a criminal matter, for which someone would need to have criminal intent. NB, it *may* give rise to civil liability but the police don't get involved in that.

What are the notice provisions in your [permission]. did the wheels of authority follow them?
can they prove it?
Your big issue will be if old tenant (and his Bob Marley records) turns out to have not been properly notified (and thus has not waived his claim to his plot), and your new tenant had no idea about the status of the plot (and thus took it in good faith). At which point your authority has liability to both.

If I were your authority, I would
1) check to see if they have any insurance (not because I think they did wrong, but lots of polices require one to talk to them before doing)
2) work out exactly what they did and why (again, not to say they did wrong, but to collate and evidence)
3) consider what other rules the original Camberwell carrot cultivator breached of their [permission] and seeing if any other non-notice-related termination applies

[1Bee]

I think there's two things, here. One is the proof of receipt thing that Cadalot has outlined, which I think should be used for at least one of the written warnings. You may need to make sure the contract states explicitly that it is the plot holder's responsibility to notify the site manager in the case of change of address, and that failure to do so within a stated timeframe (3 months?) will result in termination of plot contract.

The second is to consider whether or not non-cultivation clauses need to be seasonal.... for instance, it's quite common on our site, which is clay, and northern, for plots to be completely uncultivated between Sept/Oct and Easter... later if it's a cold Easter, and fully cultivated during the summer months. 3 months absence in the winter period is nothing, but 3 months absence over summer is significant.... see what I mean?

Whether or not they have changed phones or what they grow on the plot (so long as it's within the rules) is irrelevant, and you should try and not include that in your reasoning.

Legally, I suspect that as long as you have followed the written procedure to the letter, they don't have a leg to stand on if they haven't let you know of a change of address.

Sympathies for a nightmare scenario. Hugs!