Answer to Query

We have been asked to clarify the position relating to a Society which has signed an OMA with the Council when carrying out the functions specified in that OMA.

The OMA covers the SITE

The Society is acting as an agent of the Council when

• Issuing a stage 1 notice of Breach of Tenancy
• Providing evidence to the Council at Stage2 - which leads to the Council issuing a warning notice
• Providing evidence to the Council at Stage 3 - which leads to the Council issuing a notice to quit to the tenant

The Society is acting as an agent to the Council when it reviews

• Requests to erect a structure on a plot (the Site Secretary has historically always had a role as the first stage of this process) 
• Requests to keep poultry on a plot

In dealing with these requests the Society applies strict criteria laid down by the Council in the OMA conditions.

It is only where the applicant and the Society disagree over an application that the Council becomes involved as the final arbiter

The Society performs these functions with regard to ALL plot-holders on the site not just those who are members of the Society.

All plot-holders remain tenants of the Council and their rights of appeal to the Council are unchanged

We have also been asked to confirm with the Council the position in relation to tenants who are abusive, threatening or violent towards either Society officers or other tenants.

The Council has confirmed that it would regard such behaviour as a breach of tenancy and where the Society can provide adequate evidence it will take action under the Breach of Tenancy system.