Rules and Regulations: Tenancy Agreement

Rules and Regulations for Allotment Users in Wembury, Devon

Allotments provide a wonderful opportunity for individuals and communities to cultivate their own land, grow fresh produce, and connect with nature. In Wembury, the local allotment association has established a set of rules and regulations to ensure fair and efficient management of the allotment plots.

The majority of these rules are contained within the Tenancy Agreement an example of which follows.

Note that fees and arrangements are subject to regular review and can change

The plot tenancy agreement for a half plot in the 2024 season can be found by following this link.

The plot tenancy agreement for a full plot in the 2024 season can be found by following this link.

The most recent information about polytunnel fees is also contained in the above two documents.

 

 Plot Tenancy Agreement - 2023 Season: Example agreement  for a half plot

An agreement made on 1st November 2022 between the Wembury Allotment Association (hereinafter called “the Association”) and A.person or Persons (hereinafter called “the Tenant”) of Address.

Plot Rent

The Association agrees to let, and the Tenant agrees to take on a tenancy, commencing on 1st November 2022, of Plot Number XX, of ground area of approx. 75m2 (a Half Plot) at the current yearly rental of £30.00, due on the 1st November annually whether formally demanded or not.

Note: the yearly rental is subject to annual review.

Also Note: where the tenancy commences on or between 1st November and 31st July in any year, a full year’s rental will be payable for that year, ending 31st October.

Where the tenancy commences on or between 1st August and 31st October in any year, one half of the year’s rental will be payable for that year, ending 31st October.

Joining Fee A new member of the Wembury Allotment Association, agrees to pay a one-off, non-refundable (Half-Plot) joining fee of £30.00, due on 1st November 2022, or on the date when the Plot tenancy commences.

 

Fee for a space in the Polytunnel

A tenant who applies for, and is allocated a space in the Association’s polytunnel agrees to pay the current yearly rental for use of that space of £5.00. Tenants wanting a polytunnel space are recommended to pay the £5 fee when they pay the rent for their Allotment plot. Polytunnel spaces will be allocated by the Plot Steward on a 'first-come-first-served' basis. As soon as the polytunnel becomes fully rented, a circular email will be sent to notify Association members. Any £5 fees paid by tenants who have missed out on a space will then be refunded. However, no £5 refunds will be made to any tenant, allocated a polytunnel space, who later decides not to use it.

 

THE TENANCY is subject to the Allotment Acts 1908 to 1950 and also to the following conditions:

1. Where the expression “the Tenant” consists of more than one person, the obligations on such persons shall be joint and several.

2. The Tenant shall use the Plot as an Allotment Garden only (that is to say wholly or mainly for the production of garden flowers, vegetable or fruit crops for consumption by the Tenant and her/his family) and for no other purpose and to keep the soil clean and free from noxious contaminants, livestock carcasses, weeds and in a good state of cultivation and fertility and in good condition. This means at least 75% of the Plot must be under active cultivation (rough dug, green manure or planted out) and the remainder tidy and free from air born weed seeds.

3. Any duly authorised officer of the Wembury Allotment Association, or of The National Trust, shall be entitled at any time to enter and inspect the Plot.

4. The Tenant shall not cause any nuisance or annoyance to the occupier of any other Plot or to occupiers of neighbouring properties, or obstruct any path set out by the Association for the use of the occupiers of the Plots.

5. The Tenant shall not underlet, assign or part with the possession of the Plot or any part thereof without the written consent of the Association.

6. The Tenant shall not use the Plot for residential purposes.

7. Other than the Plot number, no notices or advertisement are to be erected on the Plot.

8. The Tenant shall not lock any access gate between plots.

9. The Tenant shall not, without the written consent of the Association, cut or prune any timber or other trees, or take, sell, or carry away, any mineral, sand or clay.

10. The Tenant shall not keep any livestock on the Plot unless previously agreed in writing with the landlord.

11. The Tenant shall not bring or cause to be brought into the allotment field any dog, unless the dog is held on a leash, and is to remove all faeces deposited by any dog brought onto the land by the Plot holder or permitted by the Plot holder.

12. The Tenant shall not deposit or allow other persons to deposit, on their Plot, any refuse or any decaying matter, in particular food waste (except manure and compost in such quantities as may be reasonably required for use in cultivation). Similarly, refuse or decaying matter may not be placed, or allowed to be placed, in the hedges, ditches, or elsewhere on the Wembury Allotment Association’s land, in which the Plot is located, or in any adjoining land. Only items and materials compatible with horticultural use may be brought onto the land of the Wembury Allotments and onto individual Plots, and any such items and materials may have to be removed on tenancy termination.

13. The Plot holder shall not cultivate genetically modified crops.

14. When using any sprays or fertilisers, the Tenant must: (i) take all reasonable care to ensure that adjoining hedges, trees and crops are not adversely affected, and must make good or replant as necessary should any damage occur; and

(ii) so far as possible select and use chemicals, whether for spraying, seed dressing or for any other purpose whatsoever, that will cause the least harm to members of the public, game birds and other wildlife, other than vermin or pests and to ensure that all use of chemicals is strictly restricted to the allotment and is not allowed to encroach on adjoining allotments or the surrounding area; noting that the aims of the Association are to be as chemically free as possible, and to be environmentally friendly.

15. The Tenant shall not use any barbed wire, glass, scrap carpeting, or any other material or item on or around the Plot which may be toxic and/or a hazard to other tenants or visitors.

16. The Tenant shall not, without the written consent of the Association, erect any building or structure on the Plot.

17. The Tenant shall not, for health and safety reasons, install any pond, or have any uncovered water containers, on their Plot unless secure perimeter fencing and a gate have been erected.

18. Bonfires may be lit, but normally only between October and March. At any other times, the Tenant must seek the prior permission of the Plot Steward. Care must always be taken to minimise any nuisance to fellow plot holders. Tenants are required to use an incinerator (if borrowed from the WAA’s shed, the incinerator must be returned, empty and completely cold, after use). Only dry combustibles may be burnt and the bonfire must be attended until it is safely finished. Tenants must adhere to Devon & Somerset Fire & Rescue Service guidance, see:

https://www.dsfire.gov.uk/safety/home/bonfires.

19. The perimeter hedges that form the boundary of the Allotment site are the responsibility of the Association as a whole and all Plot holders are expected to assist cooperatively in their maintenance as required. All communal grass areas, (other than those designated as re-wilding spaces) lying between the Tenant’s Plot and any neighbouring Plots, shall be kept cut and clipped up to a 2-metre width by the Tenant. When making use of any large petrol mower that is owned by the Wembury Allotment Association, the Tenant shall clean the machine, after use, and refill with fuel, thereby returning it to the equipment store in a condition ready for the next user. Fences and gates, enclosing individual plots, must not exceed a height of 1 metre.

20. In cases where a space for a shed has been allocated at the perimeter of the Allotments site, the Tenant shall erect a wooden shed, 6 feet long by 4 feet wide, of the required specification, and the structure shall be stained brown. The Tenant’s shed shall be maintained in good repair. If the Tenant vacates his/her allotment plot, they shall either remove the shed from the perimeter location, or arrange privately to sell it to another Wembury Allotments tenant.

21. The Tenant may store personal gardening tools in the communal shed in the bays provided. Any tenant doing so, is advised to label their ownership of such items that they store in the communal shed. No tenant may take any tools from the communal shed, for whatever purpose, without obtaining the prior permission of the owner of those tools. Note that the Wembury Allotment Association does not accept any liability for any tools, or other equipment, damaged lost or stolen from the communal shed.

22. All tenants are strongly encouraged to harvest rainwater into storage containers, water butts and barrels located on their individual plots and (where applicable) at the rear of plot holders’ sheds. The Tenant is strongly recommended to have, as an absolute minimum, two water butts or barrels on their individual plot.

23. The Tenant shall not be permitted individually to take any water that is stored in the large containers that harvest rainfall from the roof of the communal shed. Instead, the Allotment Association’s designated Water Steward, who is responsible for the communal water supply, will periodically release supplies into the galvanised metal troughs (dip-tanks) located around the site; water from these dip-tanks is then available for use by individual plot holders on the following basis: (i) During the period between October and March, when a supply has been made to the dip-tanks, the Tenant may take water to fill any water butts, barrels and containers located on their own Plot in readiness for watering their plants during the coming growing season.

(ii) During the period between April and September, when a supply has been made to the dip-tanks, the Tenant may take water, but only sparingly (in a watering can), for immediate use on growing plants/seedlings. During the growing season, the Tenant must not take large quantities of water from any dip-tank in order to replenish his/her own water-storage butts and barrels.

 

24. Rainwater collected from the ‘roof’ of the Polytunnel, in blue barrels, is reserved for use by the tenants who have rented, for the growing season, a space within the Polytunnel. It must not be taken by other WAA tenants.

25. Tenants allocated a space in the Polytunnel shall be expected to help in the annual clean-up of the structure and, during the growing season, to keep their individual growing space tidy and clear of detritus.

26. The tenancy of the Plot shall terminate on the yearly rent day after the death of the Tenant and shall also terminate whenever the tenancy or right of occupation of the Association terminates. In the event of the unfortunate death of the Tenant, first refusal will be offered to the Tenant’s previously nominated close relative, partner or friend. Tenancies may also be terminated by the Association, by re-entry, after one month's notice, on the following grounds:

 

i) If the rent is in arrears for not less than 40 days OR

ii) If the Tenant is not duly and fully observing the conditions of his/her tenancy

The tenancy may also be terminated by the Association by twelve months previous notice in writing.

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

28. Any notice required to be served under this agreement may be served on the Tenant personally, or by delivery of it to his/her last known address, or by affixing the notice to the Plot.

 

Important:

Please now reply to the Treasurer’s email as your confirmation that, as the Tenant of a Wembury Allotment 2022-2023, you agree both to all the terms and conditions outlined above, and that you possess a copy of (and agree with) the Wembury Allotment Association’s Data Protection Privacy Notice (which aligns with the current UK Data Protection Legislation).

 

That's quite a lot to take in , particularly for new allotment plot holders but the many rules contained within the tenancy agreement are designed to help maintain a harmonious environment for all users and promote the sustainable use of resources.

 

Let's explore and explain the key rules and regulations that allotment users in Wembury, Devon, should be aware of.

Membership and Plot Allocation: To become an allotment user in Wembury, individuals must first apply for membership with the Wembury Allotment Association. Membership availability is subject to the availability of vacant plots. Once approved, users will be allocated a plot based on availability and their preferences, if possible. The association strives to accommodate all interested individuals, but due to limited space, there may be a waiting list.

Plot Cultivation: Allotment users are expected to cultivate their assigned plots actively. It is expected that at least 75% of the area of the plot must be used for growing vegetables, fruits, herbs, or flowers for personal use. Neglected plots can affect the overall appearance and productivity of the allotment site. Therefore, users are encouraged to maintain their plots regularly and prevent them from becoming overgrown with weeds. Once awarded a plot the holder is expected to make a start with work on it as soon as possible. 

Environmental Practices: In Wembury, environmental sustainability is a key focus, especially so with our links to the National Trust.. It is hoped that Allotment users will follow eco-friendly practices and promote biodiversity. The use of chemical pesticides and herbicides is allowed under the terms of our landlord, the National Trust but is strongly discouraged. Instead, users are encouraged to adopt organic and natural methods of pest control. Composting is encouraged for waste management, and water conservation practices should be observed, such as collecting rainwater in water butts on your plot. A minimum of 2 butts are recommended, the more water you can store on site the easier it is for you as a tenant!

Maintenance and Upkeep: Allotment users are responsible for the maintenance and upkeep of their plots. This includes weeding, watering, and the removal of any debris or rubbish. Tools and equipment should be used with care, and any accidental damage caused to Association property must be promptly reported to the allotment association via the Plot Steward.

Structures and Boundaries: The construction of sheds, greenhouses, or other structures on plots is not permitted. If a plot holder wishes to install a shed please seek the advice of the current Plot Steward, who will determine whether there is space and go through any other considerations. Any structures erected should be well-maintained and meet the National Trust size and colour standard. Boundaries between plots must be respected, and any issues or disputes should be reported to the association for mediation.

Bonfires: These are permitted between October and March, normally. If you have a specific need outside of this time period please consult with the Plot Steward.

Attendance and Communication: Regular attendance to the allotment site is expected from users. This helps foster a sense of community and ensures that plots are actively cultivated. In cases of prolonged absence, users are encouraged to notify the allotment association. The association may conduct periodic inspections to ensure compliance with the rules and regulations and can issue warning notices via email.

Fees and Dues: Allotment users are required to pay an annual rent to the Wembury Allotment Association. This fee contributes to the maintenance and improvement of the allotment site as well as to administrative costs.  There is a non refundable joining fee charged when first becoming a member of the Association.

Termination of Membership: Failure to comply with the rules and regulations may result in the termination of an allotment user's membership. Persistent neglect, unauthorized use of dangerous chemicals, or disruptive behaviour can lead to the withdrawal of plot allocation. Warning letters /emails will be sent out following the regular plot inspections undertaken by committee members. These letters will explain what needs to be done on the plot to bring it up to the expected standard and will give the plot holder a given time in which to improve it. If improvements are not made then the Association can terminate the tenancy.  In such cases, the association may reassign the plot to another individual on the waiting list.

Trees: Any trees planted must not be allowed, as they grow, to interfere with neighbouring plots and should be kept no more than 8 feet in height, equivalent to M9 dwarfing rootstock. This is a condition from our original lease with the National Trust.

Update: Following an issue with plots being taken on by new tenants who then appeared not to take much further interest, on the 28th March 2023 the committee agreed a change to the tenancy agreement in that that new plot-holders would be allowed two months to start work on their plot and if no improvement was observed after this time period then they would be given one month’s notice to either improve or vacate. It was agreed that the same will apply to existing plot-holders who have abandoned or severely neglected their plots. The notice to improve is a standard letter, a copy of which may be found here. Nobody on the committee wishes to see a plot holder lose their allotment and in many cases communication is key. 

 

Volunteers: The association is run by unpaid volunteers working for the good of all tenants, please respect them when rules are having to be enforced !

By adhering to these rules and regulations, allotment users in Wembury, Devon, can enjoy the benefits of their plots while contributing to a vibrant and sustainable allotment community. The guidelines help create an environment that promotes healthy cultivation practices, community engagement, and a harmonious coexistence among allotment users. Together, they can nurture not only their individual plots but also enjoy a shared appreciation for nature and local food production.