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Notice To Quit

Dartford Road Allotments Association: Procedures for the Issuance of a Notice to Quit

(As approved at the Twelfth Meeting of the Committee, March 6, 1994)

1. The Secretary of the Dartford Road Allotments Association shall be authorised to issue a Notice to Quit in the name of the Trustees of the Association in the circumstances where

a) a Tenant is in arrears in the payment of rent as defined by clause 4.6.1 of the Rental Agreement, and has been notified of that fact in writing, and has failed to settle his/her account within fourteen days of such notification, or

b) a Tenant is unanimously considered by the Trustees to have breached the conditions of the Rental Agreement as defined by clause 4.6.2 of the Rental Agreement, has been notified of that fact in writing, and has failed to provide evidence to the satisfaction of the Trustees within twenty-eight days of the date of such notification that remedial action has been or will be undertaken.

2. A Tenant against whom notification of an impending Notice to Quit has been issued under clause 1b) of these Procedures may request an opportunity to appear in person before the Trustees of the Association and a time and place specified by the Trustees prior to the issuance of a Notice to Quit, and the Trustees shall consent to this request, provided that

a) the request is put in writing, and

b) the request is received by the Secretary at least fourteen days prior to the date on which the Secretary is authorised to issue a Notice to Quit.

3. A Tenant who has appeared in person before the Trustees of the Association under the terms of clause 2 of these Procedures may subsequently request that the External Assessor be asked to prepare a report on the relevant facts and circumstances, and the Trustees shall consent to this request, provided that

a) the request is put in writing, and

b) the request is received by the Secretary within seven days of the Tenant being notified of the outcome of his/her appearance before the Trustees.

4. In the event that a report is requested under the terms of clause 3 of these Procedures, then copies of that report shall be supplied to the Trustees and to the Tenant prior to the issuance of a Notice to Quit, and to other members of the Dartford Road Allotments Association upon application in writing to the Secretary.

5. The External Assessor shall be the Secretary of the Dartford East Allotments and Gardens Association or his/her appointee, and shall not be a member of the Dartford Road Allotments Association. The External Assessor shall be at liberty to consult whomsoever he/she wishes and to take whatever facts and circumstances he/she wishes into account in preparing his/her report.

6. The view taken by the External Assessor shall not be binding upon the Trustees.

7. All correspondence under these Procedures shall be undertaken in accordance with clause 5 of the Rental Agreement or any sub-clause thereof.

Clauses from the Rental Agreement:

4 The tenancy hereby created shall continue until determined in any of the following manners or events:

4.6 By re-entry by the Association at any time after giving one months' previous notice in writing to the Tenant

4.6.1 if the rent or any part thereof is in arrears for not less than forty days whether legally demanded or not or

4.6.2 if it appears to the Association that there has been a breach of the conditions and agreements on the part of the Tenant herein contained and provided that if such breach be of the conditions and rules affecting the cultivation of the allotment garden at least three months having elapsed since the commencement of the tenancy

5.1 Any notice hereunder to be given by the Association may be served by being left at or sent to the last known place of abode of the Tenant or by being left in some conspicuous place on the allotment garden

5.2 Any notice required to be given to the Association shall be sufficiently given if signed by the Tenant and sent in a prepaid letter to the Secretary for the time being of the Association