ASHBOURNE ALLOTMENT ASSOCIATION

TENANCY AGREEMENT Vn 12.26.8.2024

An agreement has been made between the Association and 

(NAME)  

(ADDRESS)	

Before any tenancy is agreed a completed application form should be received by the association to ensure the tenant qualifies for an allotment through their residency (i.e. Is Resident within the Derbyshire Dales)

The Association agrees to the following:

1.	To let the allotment for a yearly tenancy from the 1st March* each year subject to the provisions listed and the receipt of a rent of £40 per annum, (£20 per half plot) which may be reviewed at the Annual General Meeting subject to an initial three months probationary period. 

Plot No.....    Date........................................
*Fees may be adjusted, at the discretion of the committee on a pro rate basis dependant on how far into the rental year a tenancy is taken.

The tenant’s shall be responsibilities shall be as follows:-

1.	To pay the due rent by the 1st. March for the forthcoming year.
2.	To use the Allotment wholly as an Allotment for cultivating fruit, vegetables and 	 flowers and to carry on no trade whatsoever. The expectation being that the plot will be used productively between the months of May and September.
3.	To use all reasonable endeavours to keep their individual plot 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. Periodic inspections of the site will be carried out and advisory notices will be issued where appropriate.
4.	To keep in safe condition and good appearance one half in width of any path adjoining the allotment.
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. 
6.	To ensure that plots adjacent to stock fencing maintain a boundary of at least one metre to allow for maintenance of the fence.
7.	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.
8.	Not to use barbed wire for a fence adjoining any path set out for use of the occupiers of the allotment. Any permanent fence around any allotment garden should be of good quality and in keeping with those already erected.
9.	To utilise the communal manure drop area on a first come first served basis when supplies are available.
10.	Children are welcome on site but should be supervised at all times and should not be allowed to cross other plots but should stick to paths and open areas.
11.	Dogs are allowed on site but must be restricted in their movement by a shortened lead or are kept within the fenced area of their owner. Owners are expected to clean up after their dogs.
12.	Radios are not encouraged on site but if used should not in affect other plot holders.
13.	Any shed erected should be a maximum size of 8 x 6 feet to an approved design and painted to an approved standardised colour, (Details of approved shed designs and colours are held by the Association in accordance with Planning Consent). Sheds should be maintained in a suitable condition i.e. stable and with the roof covered, breach of this will be considered to be a breach of the tenancy agreement.
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 and should be protected so as not to allow vermin to access underneath the building.
14.	Communal water butts will only be used after tenants own supplies are exhausted.
15.	The communal containers are for the storage of association equipment.
16.	Any Greenhouses or Cold Frames are fitted with polycarbonate sheeting or similar material, no glass is allowed apart from that used as an integral part of a shed. Polytunnels should be of a suitable size in keeping with existing structures and must not be erected prior to consultation with the committee.
17.	Tenants are expected to contribute towards voluntary activities during communal workdays on the allotment site at least twice a year.
18.	All compost bins should be sited on a solid base so as not to provide a haven for vermin.
19.	Not plant any trees on individual plots apart from espalier fruit trees which should be topped at a maximum of five feet.
20.	Not keep any livestock.
21.	No bonfires are permitted outside of the months of October to March
22.	No hosepipes are allowed.
23.	Not use the allotment for residential purposes.
24.	Non-organic plot holders must only undertake spraying on calm days to minimise the possibility of contamination with those using organic methods.
25.	Not to assign sublet or otherwise part with possession of the allotment garden or any part thereof without the written consent of the Association.
26.	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.
27.	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.
28.	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). The Association Committee’s decision shall be binding subject only to the member’s right to appeal. Any appeal should be made in writing and will be discussed by the Committee within 4 weeks of receipt, this includes the right of appeal where a termination notice has been served by the Inspection team, and members of this team will be excluded from the appeals panel.
29.	To inform the Secretary of the Association without delay of any change of the tenant’s address and contact details.
30.	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.
31.	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.
32.	Vehicles allowed on the allotment site must be parked in the Car Park provided for parking on site. The main site gate must be kept locked shut at all times.
33.	Not to keep hazardous substances on the allotment.
34.	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.
35.	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.
36.	All members are to comply with the Health and Safety Policy of the Association.
37.	Any rental changes for plots will be determined at the AGM.
38.	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.
39.	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.
40.	The Association is to be indemnified against any claim arising out of the tenant’s use or occupation of the allotment garden and site.
41.	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.
42.	The tenancy may also be terminated by the landowner for purposes permitted within the lease by giving 12 months’ notice.
43.	The tenancy may also be terminated in any of the following manners:-
i. By either party giving the other, thirty days’ notice in writing which is left at the last known address of the tenant.
ii. By the Committee at any time after a 14 day termination notice has been issued following the issuing of an initial twenty-eight day improvement notice in writing if any of the above are not adhered to.
44. The GDPR regulations of May 2018 require organisations to consult their members for 	permission to store and use their contact details, however as the Allotment Association is 	membership based organisation and contacts members by e.mail on a regular basis it 	is assumed under the regulations that this permission has been granted however we 	can  assure members that  personal data of any tenants will not be shared with any third 	parties without the express written permission of the said tenant.

Failure to comply with the above provisions will result in the following:
I. 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. Any tenant who, within any consecutive 12-month period, receives 3 or more 28 day notice of improvement letters from an inspection will be issued with a termination notice
ii. 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.

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

Signature of Tenant ........................................................

In the presence of ………………………………………….      
(Signature of witness)

Address of witness…………………………………………………………………………

Signed on behalf of the Association

………………………………………………………….(Secretary/Committee Member)

………………………………………………………… (Date)

Current Committee Members are:-					Plot Number
Barry Morrison: Chairman.……………………………………………………………………..50
John Scott: Secretary.…………………………………………………………………………….99
Nigel Coe: Membership secretary ………………………………………………………….72
Frank Jeffery…………………………………………………………………………………………….38
Gillian Reynolds………………………………………………………………………………………..27
Suzanne Norton..……………………………………………………………………………………..40
Glenn Cook……………………………………………………………………………………………….39
Nigel White……………………………………………………………………………………………….54
Rick Plant ………………………………………………………………………………………………..112
Emma Dungey .………………………………………………………………………………………..29
Perry Moon ……………………………………………………………………………………………….81

Max Hathaway: Finance controller