Tenancy Agreement for Allotment Gardens

Agreement to Let

The Council agrees to let and the tenant agrees to take the Plot on a yearly tenancy from 1 April 2006.

Rent

The Tenant agrees to pay the Council a rent payable 12 months in advance or part year in advance depending on tenancy date.  Full payment is due on issue of the agreement and rent demand and is non-refundable. Failure to pay will result in cancellation of the agreement. The current rent for the year is £36 and half plot is £18.

Conditions of letting

As well as paying the rent the Tenant agrees with the Council:

Use of the Land

To use the Plot as an allotment/leisure garden growing normal garden selections of  vegetables, fruit and flowers for personal use and consumption utilising a small greenhouse, frame, poly tunnel or shed if required.

Cultivation

To keep the Plot clean, reasonably free from weeds and otherwise in a proper state of cultivation and good condition. The Council will be entitled to claim compensation from a tenant who upon the termination leaves a plot in a worse condition than when the tenancy started. This will cover the cost of any reinstatement requirement.

Nuisance

Not to cause or permit any nuisance or annoyance to the occupier of any other allotment garden or obstruct or encroach on any path or roadway set out by the Council for the use of the occupiers of the allotment gardens. Bonfires are discouraged on all plots, however if bonfires are lit they must be properly attended at all times. Persons causing a nuisance may be prosecuted under the Environmental Protection Act 1990.
Tenants should adhere to the code of conduct issued with the tenancy agreement as amended from time to time and notified to the tenants.

Barbed Wire

Not to use barbed wire or any other material or item on or around the plot which may be a hazard to other tenants or visitors.

Buildings

Not without the written consent of the Council to erect any buildings or structures on the Plot.  The Council will not unreasonably withhold consent to the erection of a garden shed, greenhouse and poly tunnels in accordance with plans and specifications first lodged with and approved by the Council.  The normal approved dimensions for such buildings are a maximum of 6'x8'. Sheds should only be used for storing tools and materials used on the plot and must not be used for sleeping in or in any other purposes.

The Tenant shall be responsible for any structure, garden shed or greenhouse placed on the plot and any contents.  The Council cannot be held responsible for any damage or loss.  The tenant should consider taking out his/her own insurance cover.

Wells, Ponds and Water Butts

Not to make any well or pond on the Plot. (Small shallow wildlife ponds may be permitted but would require prior consent of the Council and must be fenced to avoid being a hazard for young children.

To keep all water butts or other water receptacles on the Plot securely covered.

Depositing of Refuse

Not to deposit or allow other persons to deposit on the Plot any refuse or any decaying matter (except manure and compost in such quantities as may be reasonably required for use in cultivation) or place or allow to be placed any matter in the hedge ditches or dykes in the allotment field of which the Plot forms part or in adjoining land. Only materials compatible with horticultural use may be brought onto the plot, and may have to be removed on tenancy termination.

Cutting and Pruning

Not to cut or prune any timber or trees on the Plot or upon any adjoining land or take sell or carry away any minerals gravel sand earth or clay.

Planting

Tenants may grow the normal range of fruit and vegetables on the plot with the following restrictions.

• Not to grow Plants/Trees that exceed 6' in height.
• Not to grow Plants/Trees that are invasive to the extent of affecting paths and other plots.
  
  Tenants may be required to remove trees and plants at the end of a tenancy to return it to a re-letable condition

Restrictions on Keeping Animals

Not to keep any livestock other than hens or rabbits on the Plot or in any building on it and if hens or rabbits are kept on the Plot the tenant must give the council prior notification and ensure to the satisfaction of the Council that they are properly fenced in and are not kept in such a place or manner as to be prejudicial to health or a nuisance.

Dogs

Not to bring or cause to be brought into the allotment field any dog unless the dog is held on a leash.

Plot Identification

To erect and maintain in a conspicuous position on the Plot a number plate of a type approved by the Council indicating the Plot Number plainly and distinctly visible at all times.

Prohibition of Notices

Other than the plot number not to erect any notices or advertisement on the Plot.

Restrictions on Assignment

Not to underlet assign or part with possession of the Plot or any part of it without the written prior consent of the Council. If tenants wish to share cultivation a shared tenancy must be signed which could include up to 3 cultivating partners.

Inspection

To allow any officer or agent of the Council to enter and inspect the Plot at any time

Restrictions on Admittance to Allotment Garden

The Council shall have the right to refuse admittance to any person other than the Tenant or a member of his family to the Plot unless accompanied by the Tenant or a member of his family.

Dispute Between Occupiers

Any case of dispute between the Tenant and any other occupier of a Plot in the allotment field shall be referred to the Strategic Director (Community Services) for the time being of the Council whose decision shall be final.

Information of change of address

The Tenant shall inform the Council of any change of his/her address

Determination of Tenancy

Rent

If the rent or any part is in arrears for 28 days the Council will be entitled to serve notice on the Tenant to terminate the agreement

The rent due may be increased or decreased by the Council by not less than three months notice in writing to the Tenant provided that on receipt of the notice the Tenant may terminate this agreement by giving the Council one months notice in writing.

Breach of Conditions

If the Council considers there to have been a breach of any of the conditions of letting then the Council will be entitled to serve a Notice to terminate the agreement.  In addition this tenancy may be ended by notice being given in accordance with the Allotments Acts 1908 to 1950.

Notice

Any notice required to be served under this agreement may be served on the Tenant personally or by leaving is at his/her last known address or by affixing the notice to the plot

Bonfires

Bonfires are discouraged on all plots. Waste material should be composted where possible. Person causing a nuisance many be liable to protection under the Environment Prosecution Act 1990.