3 Allotment gardens: notice to quit
10.35 By virtue of s 1 of the 1922 Act (extended by section 1 of the 1950 Act) the tenancy of an allotment garden cannot generally be terminated except by 12 months or longer notice to quit, expiring on or before 6th April, or on or after 29 September in any year.
There are several exceptions allowing for shorter notice in limited cases:(i)termination by re-entry is permitted provided the tenancy contains a power of re-entry on account of the land being needed for building, mining or other industrial uses, or for roads and sewers. Repossession must be for one or more of the non-agricultural purposes specified, and at least three months’ notice of the entry given in writing to the tenant.42
(ii)where land is let by a corporation or company which owns or leases docks, railways or other public undertakings, re-entry under a leasehold power in that behalf is permitted if the land is required for the landlord’s statutory functions. Three months notice of re-entry must be given.43
(iii)re-entry is permitted under a power in the lease, if the landlord is a local authority and the land is required by the latter for its housing or other statutory functions.44
(iv)re-entry for non-payment of rent or breach of any term or condition of the tenancy, or on account of the tenant becoming insolvent or entering into liquidation, is permitted.45 No rights to compensation arise in this instance.46