A TENANT farmer whose riverside land was constantly flooded for eight months last winter is being threatened with legal action for non-payment of rent.

Nick Allen has rented Bury End Farm, Upton-upon-Severn, from Wor-cestershire County Council since 1989 and it has flooded every year since then.

"Last winter the first flood arrived at the beginning of September 2000 and there was still water on the farm in May 2001," he said.

"The land was under water so long that it killed off all the native species and destroyed everything I'd done in the previous year. The winter before that, we were flooded for seven months.

"Now I've dug my heels in and absolutely refused to pay rent on land I couldn't use. To me it's common sense that if you can't farm the land you shouldn't have to pay rent on it."

Besides devastating grassland, last year's flood destroyed a £10,000 maize crop intended as winter feed for Mr Allen's 160 beef and dairy cattle.

It was the third year in succession the maize crop had been destroyed.

He no longer keeps sheep or beef cattle and says he is selling milk at less than it costs to produce.

"We need about 22p per litre to break even and we're only getting about 19p," he said.

"It's very difficult to earn a living here because you can't keep cows outside when the pastures are flooded. What with foot-and-mouth, floods and BSE we're literally on the bread line."

At the height of the floods, 130 acres were under as much as 9ft of water and Mr Allen said he only kept the polluted water out of the farmhouse with constant pumping, at considerable expense.

"The council says the taxpayer can't afford to subsidise us, but what would it have cost the taxpayer if all that effluent and mess had come through the farmhouse?" he asked.

Coun Adrian Hardman, cabinet member for resources, confirmed proceedings had been instigated over Mr Allen's rent arrears.

He said the county council had no quarrel with Mr Allen's standard of farming or upkeep of the holding.

"I have great sympathy with the farming industry and the troubled times it's in, but as a public authority the county council has an obligation to responsibly manage the public's money," he said.

"Officers have taken every possible measure to facilitate an amicable solution and this is one of the few courses of action left."