TENANCY AGREEMENT

 

The Association agrees to the following:

 1     To let on a yearly tenancy from the 1st day of January 2011, Allotment Plot No 29 subject to the provisions listed and the receipt the rent of £30 per annum, which may be reviewed at the Annual General Meeting.

 The tenant shall undertake as follows:

 1.        To pay the due rent by the 1st. January for the forthcoming year.

  1. 2.        To use the Allotment wholly as an Allotment for cultivating fruit, vegetables and flowers and to carry on no trade whatsoever.
  2. 3.        To use all reasonable endeavours to keep the allotment garden free from weeds or any plant which interferes with the cultivation of other parts of the site, clean and well manured and otherwise maintain it in a suitable condition for an allotment. 
  3. 4.        To keep in safe condition and good appearance one half in width of any path adjoining the allotment.
  4. 5.        Not to cause or permit any nuisance or annoyance to the occupier or any other allotment or to any local resident, not to encroach on or over any path or roadway set out for the use of the occupiers of the allotments.
  5. 6.        Not without the written consent of the Association to cut or prune any timber or other trees or to take sell or carry away any mineral gravel sand, earth or clay, and not to burn or treat with weed killer or otherwise deface any pathway.
  6. 7.        Not to use barbed wire for a fence adjoining any path set out for use of the occupiers of the allotment and not to erect any form of permanent fence around any allotment garden or part thereof.
  7. 8.        Not to bring or cause to be brought on to the allotment site any dog (with the exception of a guide dog accompanying a blind person).
  8. 9.        The tenant may erect a shed of a maximum size of 8 x 6 feet to an approved design and paint it to an approved standardised colour. ( Details of approved shed designs and colours are held by the Association in accordance with Planning Consent)
    Erection of a shed may only be done with the consent of the Association after providing a location plan of the shed within the plot.  Each shed to be fitted with a water butt.
  9. 10.     Each tenant will be expected to contribute towards voluntary activities during communal workdays on the allotment site at least twice a year.
  10. 11.     Not plant any trees on individual plots.
  11. 12.     Not keep any livestock
  12. 13.     No bonfires are permitted.
  13. 14.     No hosepipes are allowed.
  14. 15.     Not use the allotment for residential purposes.
  15. 16.     Non-organic plot holders must only undertake spraying on calm days to minimise the possibility of contamination with those using organic methods.
  16. 17.     Not to assign sublet or otherwise part with possession of the allotment garden or any part thereof without the written consent of the Association.
  17. 18.     To observe and perform any special conditions or tasks which the Committee shall at time to time deem necessary and notice for which will be given in writing.
  18. 19.     The Association shall have the right to refuse admittance to any person other than the tenant or a member of his or her family to the allotment site unless accompanied by the tenant or a member of his or her family.  The tenant shall ensure that anyone so admitted does not enter onto any other tenant’s allotment or cause alarm or annoyance to other tenants.
  19. 20.     That in the case of a dispute between the tenant and any other occupier of an allotment garden or between the tenant and the Association the matter shall be referred first to the Association Committee (excluding any Committee member who is party to the dispute) whose decision shall be binding subject only to the member’s right to appeal to the Annual General Meeting of the Association whereupon the matter shall be determined by secret ballot.
  20. 21.     To inform the Secretary of the Association without delay of any change of the tenant’s address and contact details.
  21. 22.     To yield up the allotment garden at the termination of the tenancy hereby created in such condition as shall be in compliance with the agreements herein contained.  The Association may dispose of any building structure or other items left on the allotment garden after one month from the date of termination.
  22. 23.     To secure the gate after entering and leaving the site and not to enter or attempt to enter the site other than by means of the gate.
  23. 24.     Vehicles allowed on the allotment site must be parked in the Car Park provided for parking on site.  Designated disabled spaces are only to be used by those displaying the appropriate badges.
  24. 25.     Not to keep hazardous substances on the allotment.
  25. 26.     Not to deposit or allow to be deposited by others on the allotment any refuse or decaying matter (except manures and compost materials in such quantities as may be reasonably be required in cultivation) or dump any material under any of the allotment site boundary hedges, fencing, ditches, dykes and the internal rabbit protection fencing together with any neighbouring landowners land.
  26. 27.     To accept membership of the Association and to remain a member during his/her occupation of the allotment garden and to observe at all times the rules of the Association.
  27. 28.     All members are to comply with the Health and Safety Policy of the Association.
  28. 29.     Any rental changes for plots will be determined at the AGM.
  29. 30.     The tenant shall be entitled to draw water from any mains outlets, when there is no water available from the rainwater butts.  The water on the allotment site is for cultivation of the allotment garden only and not for other purposes.
  30. 31.     The Association reserves the right to charge the tenant, in addition to the annual rent, a sum equal to a proper proportion of any charges paid by the Association in respect of the previous year.
  31. 32.     The Association is to be indemnified against any claim arising out of the tenant’s use or occupation of the allotment garden and site.

 

  1. 33.     Upon the death of a tenant, the deceased’s family will be granted a maximum of 3 months to clear the plot and at the Association’s discretion a member of the deceased member’s family may be granted a new tenancy.
  2. 34.     The tenancy may also be terminated by the landowner for purposes permitted within the lease by giving 12 month’s notice.
  3. 35.     The tenancy may also be terminated in any of the following manners:-

i.    By either party giving the other, forty days notice in writing which is left at the last known address of the tenant.

ii.   By re-entry by the Committee at any time after twenty-eight days notice in writing if any of the above are not adhered to.

         Failure to comply with the above provisions will result in the following:

iii.  A written warning will be issued, giving twenty-eight days notice to improve the site or to conform to the provisions depending on which provision has been broken.

iv.  A final written warning will be issued giving 14 days notice to terminate the agreement because of failure to comply with the above provisions despite a twenty-eight day improvement notice.

 In respect of the clauses above, no refund of fees will be given for loss of tenancy.

 

  1. 36.     Should the Tenant wish to terminate this tenancy then 1 month’s written notice to the Association is required.