WESTERN WARDS ALLOTMENT ASSOCIATION

Transcription

1 WESTERN WARDS ALLOTMENT ASSOCIATION 1 Trustees: NAME CONTACT DETAILS ALLOTMENT TENANCY AGREEMENT SITE MANAGER S COPY ALLOTMENT SITE ALLOTMENT MANAGER S NAME CONTACT DETAILS TENANT S DETAILS Full Name: PLOT DETAILS Alltment Site Tenant s Address: Pstcde: Telephne Number: Hme: Mbile: Allcated Plt Number: Apprx. Size f Plt: (in Rds) Annual Rent: See AS WITNESS the hands f the parties n the date here befre written:- SIGNED and DELIVERED by the said; Alltment Site Manager: Name (Blck Capitals) Signature Date I have been prvided with a cpy f the Assciatin s rules and have read the same in line with the Tenancy Agreement. I agree t abide by these Rules: SIGNED and DELIVERED by the said; Tenant: Distributin: Site Manager s Signed Cpy - T be retained by Alltment Site Manager (Page 1 nly) Tenant s Signed Cpy T be retained by the Tenant (With a cmplete cpy f The Agreement pages 5-19). 1 f 19

2 2 INTENTIONALLY BLANK 2 f 19

3 WESTERN WARDS ALLOTMENT ASSOCIATION 3 Trustees: NAME CONTACT DETAILS ALLOTMENT TENANCY AGREEMENT TENANT S COPY ALLOTMENT SITE ALLOTMENT MANAGER S NAME CONTACT DETAILS TENANT S DETAILS Full Name: PLOT DETAILS Alltment Site Tenant s Address: Pstcde: Telephne Number: Hme: Mbile: Allcated Plt Number: Apprx. Size f Plt: (in Rds) Annual Rent: See AS WITNESS the hands f the parties n the date here befre written:- Name (Blck Capitals) Signature Date SIGNED and DELIVERED by the said; Alltment Site Manager: I have been prvided with a cpy f the Assciatin s rules and have read the same in line with the Tenancy Agreement. I agree t abide by these Rules: SIGNED and DELIVERED by the said; Tenant: Distributin: Site Manager s Signed Cpy - T be retained by Alltment Site Manager (Page 1 nly) Tenant s Signed Cpy T be retained by the Tenant (With a cmplete cpy f The Agreement, pages 5 t 19). 3 f 19

4 4 INTENTIONALLY BLANK 4 f 19

5 5 WESTERN WARDS ALLOTMENT ASSOCIATION TENANCY AGREEMENT 5 f 19

6 6 Table f Cntents 1. Agreement t Let Rent Use Cultivatin Pnds, Trees & Invasive Plants Water Bnfires Waste Materials, Pllutants and Sprays Structures, Fences and Hedging Paths & Tracks Dgs Bees and Pultry Disputes and Harassment Site Safety, Security and Duty f Care Unauthrized Persns & Visitrs Vehicles, Tents & Caravans Change f Address & Ntices Plt Inspectins Observance f Rules Tenancy Terminatin Appendix A - Tenancy Breach Prcedure Flw Chart Appendix B Rectificatin Ntice Appendix C Ntice t Quit f 19

7 THE AGREEMENT: 7 Nw it is agreed as fllws: 1. Agreement t Let The Assciatin agrees t let and the abve named tenant agrees t take the allcated Alltment Plt as detailed in n page 1 f this agreement n a 12 mnth tenancy, subject t a three mnth prbatinary perid (see para 4.3) frm the date f this agreement, subject t the cvenants cnditins, exceptins and reservatins cntained in the lease under which the Assciatin hlds the land, fr an annual rent payable in advance and a prprtinate rent fr any part f a year ver which the tenancy may extend The tenancy f an alltment is persnal t the tenant named in the agreement. In the case f Grup tenancies, the tenancy belngs t the Grup itself, cvering any and all members f the Grup, nt nly the individual named signatry f the tenancy The tenant may nt assign, sublet r part with pssessin r cntrl f all r any part f their alltment. 2. Rent The rent year runs frm 1 st Octber. Tenants taking up any an alltment within the rent year will nrmally be inviced fr the remainder f the year with a pr rata amunt The tenant must pay the rent in full and in advance t the Hnrary Treasurer f the Assciatin by 10 th Nvember in each year alng with any Assciatin Fees. The rent is subject t an annual review by Fareham Brugh Cuncil (see para 2.4) A tenant may vluntarily relinquish their alltment at any time giving 14 day s ntice, r have their tenancy terminated fr breach f the tenancy agreement befre year end but n rebate will be payable Rent may be increased annually t cincide with the beginning f each new alltment year, prvided that the Assciatin takes reasnable steps t give at least 28 day s ntice. This ntice may be in writing t individual tenants and/r displayed prminently at ntice bards. Failure t give written ntice t any individual tenant r failure n the tenant s part t read any infrmatin left n ntice bards will nt invalidate that, r any ther, tenant s rent increase. 3. Use The tenant must use the allcated plt as an Alltment Garden nly and fr n ther purpse. The tenant is respnsible fr clearly displaying the allcated plt number Tenants must use their alltment and any structures n it fr their wn persnal use and must nt carry ut any business r sell prduce frm it (unless sld fr the benefit f charity r the Assciatin). Tenants may nt use their alltment as a place f residence and/r sleep vernight The alltment is rented t the tenant fr the purpse f cultivatin f herb, flwer, fruit and vegetable crps r livestck management, where permitted Only materials fr use n the plt may be stred there, relevant t the purpse f the alltment cultivatin such as beanples, clches, pts and netting fr seasnal use. N tyres, carpets r ther waste prducts are t be brught n site. 7 f 19

8 4. Cultivatin The cultivated area is defined as the area that is cultivated fr crp r flwer prductin. Cultivatin requires the tenant t regularly dig r mulch, maintain free f pernicius weeds at least 80% (fur fifths) f the plt. Cmpst bins, glass huses, water butts, ply-tunnels and fruit cages are als included within the cultivated area, as are rnamental flwer crps. Areas f lawn r meadw are nt included within the cultivated area The tenant must als maintain any pathway brdering the allcated Alltment Plt keeping them trimmed t a reasnable length. The width f the pathway shall nt be altered r reduced withut prir agreement with the Site Manager New tenants must make all reasnable effrts t put the allcated Alltment Plt int cultivatin within the first three mnths frm the date f this tenancy agreement and acknwledge that the Assciatin will make an inspectin after the three-mnth prbatinary perid t establish that the cultivatin has in fact been achieved The whle plt, including uncultivated areas, must be kept safe and tidy at all times. Tenants whse plts are fund n inspectin by the Assciatin nt t be in a satisfactry cnditin will be subject t the Breach Reslutin Prcedure and may be issued with a Rectificatin Ntice. Failure t cmply may then result in a Ntice t Quit. 5. Pnds, Trees & Invasive Plants 5.1. All trees, bushes and hedging n rented r vacant plts ver the abslute height f three metres in height are in breach f alltment rules and plt hlders may be asked t prune them Tenants must nt, withut cnsent f the Site Manager cut r prune trees utside f their wn alltment r plant any trees which will exceed an abslute height f three metres and/r allw self-seeded trees t grw n their alltment, including any that are grwing thrugh perimeter fencing Fruit trees are permitted but will nrmally be included within the 20% f nn-cultivated area (See para 4). Where fruit trees are planted utside f the 20% nn-cultivated leisure area, the sil beneath fruit trees must be planted with prductive crps r ther plants in accrdance with cultivatin rules Invasive plants such as bamb, all types f willw and fast grwing cnifers (including Christmas trees) are nt permitted. Tenants whse Plts are fund t have invasive plants grwing will be subject t the Breach Reslutin Prcedure and may be issued with a Rectificatin Ntice. Failure t cmply may result in a Ntice t Quit. 6. Water 6.1. All stand pipes and water butts beneath standpipes will be cnsidered as a cmmn resurce t be shared with surrunding tenants. Any tenant wh uses excessive quantities f water, r wh is seen t cnsistently mnplize the water supply t the detriment f fellw tenants, if there is sufficient evidence will be put n ntice Hse pipes are nt permitted fr direct watering f plants nr are the use f any attachments r sprinklers. Only watering cans / receptacles shuld be filled frm a tap r water butt. Anyne fund t be using hse pipes directly and if there is sufficient evidence will be put n ntice Mains water will be available frm March 1st t Octber 31st r as weather permits. Water supply is subject t seasnal restrictins and hsepipe bans that may be in frce. 8 f 19

9 Any frm f unattended mains cnnected irrigatin, be it pen hse fld irrigatin r seep hse irrigatin, is frbidden. 7. Bnfires 7.1. The tenant must make every effrt t recycle as much waste frm the allcated plt as is pssible and bnfires must nly be cnsidered as a last resrt in the dispsal f waste r, where essential, t dispse f diseased crps. The fllwing cnditins are t be adhered t at all times f the year; N material may be brught nt the Alltment Site fr the purpse f burning The material t be burned must be thrughly dry N fires are permitted between 1 June and 31 August. The bnfire can nly be lit a maximum f tw hurs befre sunset and when the wind is blwing away frm neighburing prperties/dwellings Abslutely n bnfires are permitted during the day (between dawn and tw hurs befre sunset) In additin t crp waste, bnfires are permitted fr the burning f un-treated r un-painted wdy waste nly. The burning f any ther materials such as plastics, tyres, carpet, MDF, laminated wd - is strictly prhibited Fires must be attended at all times until all material has burnt and the fire extinguished. Fires must be kept t a manageable size t ensure safe burning and a minimum f smke prductin Smke frm a bnfire, which culd be a nuisance t neighburs by interfering with the use and enjyment f their garden r prperty, r culd affect the cmfrt r quality f life f the public, culd result in actin taken by the Lcal Authrity The Assciatin, with gd reasn and publicised t all plt hlders, reserves the right t prhibit bnfires n a specific plt and/r grup f plts. 8. Waste Materials, Pllutants and Sprays 8.1. Waste regulatins apply t materials brught n site by existing tenants. All ptentially txic materials shuld be remved frm the alltment site and dispsed f apprpriately Waste frm external surces, including green waste, may nt be depsited n the alltment r any ther part f the site. Materials such as hrse manure and bark mulch are acceptable The bringing n site and use f rubble and hard-cre fr paths and ther frms f cnstructin is prhibited. Tenants may nt remve any mineral, sand, gravel, earth r clay frm the alltment gardens withut the written permissin frm the Assciatin and with ntificatin t the Cuncil The cnstructin r installatin f cncrete pad ftings fr sheds r green huses, r cncrete slabs fr paving, r any slid brick and cement structures is prhibited. Narrw cncrete blcks and brick ftings will be allwed fr a glass huse The use f glass bttles fr any frm f cnstructin r raised bed is frbidden All nn-diseased vegetative matter shall be cmpsted and used n the tenant s alltment. Diseased plants and perennial weeds can be burned as laid ut in Sectin 7. 9 f 19

10 8.7. In the event that a tenant is put n ntice fr excessive materials such a timber, metal, carpet r tyres being left n plt, and if the tenant des nt clear such materials, then the Assciatin reserves the right t clear such materials and reclaim csts frm the tenant in line with ntice prcedures If tenants witness smene illegally fly tipping rubbish nt alltment land they shuld reprt the fact t the Alltment Manager Sprays. When using sprays (including all weed killers, pesticides, insecticides, and fertilisers) nly dmestically available prducts may be used in line with current legislatin and all guidelines fr safe applicatin adhered t. 9. Structures, Fences and Hedging 9.1. Sheds and sided structures shall be included within the 20% area accepted fr nn-cultivatin. Ply-tunnels, glasshuses and fruit cages will be included within the cultivated area Any structure n the alltment must be temprary and maintained in safe rder with an apprpriate external appearance and cnditin. If the Assciatin is nt satisfied with the state f the structure, this will be subject t the Breach Reslutin Prcedure and a Rectificatin Ntice may be issued and failure t cmply may result in a Ntice t Quit Tenants may put up ne shed and n mre than ne greenhuse (including ply-tunnels) n their plt. Permissin frm the Assciatin is required fr all structures, with size and layut agreed Any structures erected n the alltment shall nt be made frm hazardus materials (e.g. asbests) and the clur shall be in keeping with the natural envirnment The maximum size f a shed r greenhuse shall be n bigger than 2.5 metres lng by 2 metres wide and 2 metres high, subject t the agreement f the Assciatin and suitability t the site The maximum size f a ply-tunnel (r similar) shall be n bigger than 4 metres lng by 2.5 metres wide and 2 metres high, subject t the agreement f the Assciatin and suitability t the site All structures must be adequately secured t the grund t prevent uplift with sheds, glass huses r plythene structures All structures must be kept within the bundary f the alltment and must nt be cnstructed ver undergrund utilities (e.g. water supply pipes) Slid fences adjacent t neighburs plts shuld nt exceed 1 metre in height and wire and trellis fences shuld nt exceed 1.5 metres in height Hedges that abut a tenant s plt shuld be trimmed by the tenant t maintain their intended size and purpse in agreement with the Alltment Assciatin. N trimming shall be dne during the bird nesting seasn, which runs frm 1st March - 1st September, unless the hedge has been thrughly checked t determine the presence f nesting birds prir t any trimming taking place N fast grwing cnifers r invasive screening plants such as bamb r willw may be planted as hedging n alltment land f 19

11 Paths & Tracks Paths abutting alltments must be kept trimmed by the tenant and nt allwed t becme vergrwn. Shared paths between tw alltments must be maintained, and grass cut by each adjining tenant; paths must be kept clear f bstructins at all times All paths shuld be wide enugh fr easy pedestrian access t neighburing plts Where car parking r vehicle access is permitted n an alltment site, users must ensure that all haulage ways have free access fr ther users Main tracks/radways must nt be bstructed r parked n by vehicles except fr shrt term lading and unlading. Vehicles which frequently and persistently blck haulage ways may be barred frm the alltment site, at the discretin f the Assciatin Stnes r ther materials are nt t be depsited n the main tracks r designated parking areas. Stnes are nt t be used t fill 'pthles' r any ther recess r dip in the main tracks n the alltment site. 11. Dgs Dgs brught nt the alltments r any part f the site are t be kept n a shrt lead r therwise restrained at all times Tenants are t ensure their dgs d nt persistently bark r harass ther alltment tenants The burial f any pets r animals n any alltment land is strictly frbidden. 12. Bees and Pultry The tenant must nt keep any animals r livestck f any kind except hens r bees. Tenants wishing t keep bees r hens n their plt must first apply in writing t the Assciatin and may d s nly when written permissin has been given by the Assciatin. There are n exceptins t this rule. The placement f bees n site withut a bee agreement will be subject t immediate remval at cst t the tenant and a bee agreement will nt be agreed retrspectively The maximum number f hens permissible per alltment hlder is 5. N Cckerels are permitted Bees and Pultry are t be kept strictly in accrdance with Fareham Brugh Cuncil guidelines and that f the Alltment Assciatin. In the case f bees, the tenant must be a registered Bee Keeper and fllw the prcess guidelines in rder t be cnsidered fr apprved bee keeping n the Alltment plt If plts are used fr keeping bees and/r pultry, n mre than 25% f the plt may be used and cultivatin rates apply t the remaining space Tenants must ensure the bees and hens are checked at least daily, prvide cmpetent care and management and have the knwledge and skills t ensure the wellbeing f the bees and hens The tenant shall ensure that a suitably alternative and knwledgeable persn is available t lk after the livestck t the same standards set ut in these Rules if the tenant is fr any reasn unable t inspect the bees r hens themselves. 11 f 19

12 12.7. The Assciatin is within their rights t invite Officers frm the Cuncil including Envirnmental Health and RSPCA, r equivalent, t inspect bees and/r hens kept n site n a regular basis. Inspectin by these parties can take place with r withut permissin f the tenant shuld cncern arise. Any decisin made by the Cuncil r RSPCA, r equivalent, n matters assciated with keeping livestck, will be final The placing f beehives n an alltment is subject t acceptance by the tenant f direct respnsibility fr insurance and develpment f a bee agreement. Best practice guidance fr bee keeping can be fund n the Beekeeping Assciatin website Fdstuffs shuld be stred in a clean, tidy cnditin and prperly prtected frm rdents and ther pests. Any rdent infestatin must be reprted t the Alltment Manager immediately Keepers f bees and/r hens must ensure they are kept under cntrl, effectively cntained and prvided with shelter suitable t their welfare needs and natural behaviurs Shelters and structures are subject t the granting f relevant permissins f the Site Manager representing the Assciatin (see Rule 9). Shelters shuld be as cmfrtable as pssible and cleaned n a regular basis. Shelters shuld cmprise f: 12 Designed fr the purpse and amunt f the specific livestck. Any stacked cages r hutches must have apprpriate and adequate linings between them. Prtectin frm predatrs. Clean, dry bedding t absrb misture and dur. Warmth during clder mnths and shade during htter mnths. Adequate draft free ventilatin. A sleeping area. Any ther specialist needs f the hens and/r bees such as exercise space Tenants will be held respnsible fr the health f their livestck and must ensure it is free frm distress, pain, injury and disease prviding any preventative r veterinary treatment as and when necessary at their wn expense Bees and/r Hens must nt be traded r kept as part f a business. 13. Disputes and Harassment Disputes with the Assciatin r anther tenant shuld be referred t, in the first instance, the Site Manager wh will, if necessary, escalate t the attentin f the Cmmittee In the case f tw tenants having an unreslved dispute and n ne party can be prven as being in breach f any site rules, then the Assciatin reserves the right t end the tenancy f bth parties The Assciatin and tenants are expected t cmply with current FBC plicies in respect f equality, diversity, harassment and discriminatin Tenants must nt discriminate against, harass, bully r victimise any ther persn/s n the grunds f race, clur, ethnic r natinal rigin, scial rigin, language, religin, plitical r ther pinin, belief, gender, marital status, age, sexual rientatin, sexuality, medical cnditin, disability, r disadvantaged by any cnditin which cannt be shwn t be justified. 12 f 19

13 N tenant must cause anther tenant harassment, alarm r distress. Any use f vilence, r threats f vilence r damage t anther s prperty, will be grunds fr immediate terminatin f tenancy Cmplaints abut harassment are, in the first instance, t be referred t the Assciatin which will investigate the matter. If the cmplaint is satisfied at that pint then the matter will end there. The cmplainant will be able t respnd within ne mnth f the decisin with reasns. If the cmplainant is nt satisfied then bth parties may, within ne mnth f the decisin, ldge all papers and evidence relating t the matter with the Cuncil fr a decisin, which shall be final. 14. Site Safety, Security and Duty f Care Tenant s plts, the alltment site r any structures theren may nt be used fr any illegal, immral r anti-scial purpse. Tenants fund t have cmmitted an illegal r immral act will be subject t immediate tenancy terminatin Tenants, even when nt n site, have a duty f care t thers n the alltment site r adjacent t it. This includes visitrs, trespassers, ther tenants, themselves and wildlife. This is particularly relevant in relatin t: The timing and usage f mechanical equipment such as trimmers and rtvatrs, and the means t pwer them using as petrl, il and gas. Tenants shuld nly bring sufficient fuel nt the plt fr their requirements and take away any fuel left ver. N fuel is t be stred in sheds. The preventin f bstructin f paths and haulage ways. The sturdy cnstructin f any structures r features n the plt. The safe applicatin and strage f pesticides (including weed killers and fertilisers), where manufacturers recmmend applicatin and strage methds, rates and precautins shall be adhered t and cntainers dispsed f safely. All tls, particularly sharp implements, must be stred in a lcked shed, tl shed r building and nt left ut n any alltment plt. Remval f brken glass and ther hazardus materials, such as asbests, in a safe and timely manner. Security and maintenance f structures n the tenant s plt It is the tenant s duty t infrm the Assciatin f any accelerants stred n their plt in case f fire, this infrmatin will be supplied t the Fire Service befre they tackle any fire in questin Unsafe wrking will be seen as a breach f these rules, and may result in immediate terminatin f tenancy. The tenant shall be liable fr any damage r injury caused by unsafe wrking practices Tenants may nt bring, use r allw the use f barbed r razr wire n the alltment All tenants and authrised persns must shut the gates n entry and departure t prevent access by unauthrised persns r animals. The last tenant t leave the site is t ensure the gate(s) is/are lcked. This applies even if the gate is fund t be already unlcked n arrival The Assciatin is nt liable fr lss by accident, fire, theft r damage f any structures, tls, plants r cntents n alltment. Tenants are advised nt t stre any items f value n the alltment, and t insure and mark any items kept at the alltment. Tenants shuld reprt incidents f theft and vandalism t the Assciatin and the plice. 13 f 19

14 Assciatin and Cuncil infrmatin including safety and security ntices may be displayed n ntice bards where prvided. If tenants wish t display a ntice relating t the alltment site, they must seek authrisatin frm the Site Manager. Cmmercial ntices are nt permitted. Respnsibility fr referring t the ntice bards regularly lies with the tenants f the site. 15. Unauthrized Persns & Visitrs Only the tenant, r a persn authrised r accmpanied by the tenant, is allwed n the site The Site Manager may rder any unauthrised persn n the site in breach f these rules t leave immediately The tenant is respnsible fr the behaviur f pets, children and adults visiting the alltment. In an instance where a visitr breaches site rules then the tenant will be held equally respnsible A tenant s plt(s) must nt be used fr large private gatherings, celebratins r parties. The playing f amplified music by tenants is frbidden. 16. Vehicles, Tents & Caravans Mtr vehicles may nt be parked vernight r depsited n the alltment. Caravans and live-in vehicles are nt permitted n any alltment land Overnight erectin f tents, yurts and ther temprary structures, as well as vernight camping, are nt allwed n alltment land. 17. Change f Address & Ntices Tenants must immediately infrm the Assciatin, in writing, f changes f address, telephne number, address r status Ntices t be served by the Assciatin n the tenant may be: Sent t the tenant s address in the Tenancy Agreement (r as ntified t the Assciatin under these rules) by pst, registered letter, recrded delivery, hand delivery r ; r Served n the tenant persnally; r By fixing the same in a cnspicuus manner n the allcated plt Ntices served under paragraph 17.2 will be treated as prperly served even if nt received Written infrmatin fr the Assciatin shuld be sent t the Site Manager in pst. 18. Plt Inspectins All alltment plts will be subject t randm inspectins by the Alltment Manager Plts can be inspected with r withut the tenant being present Cnditins f the plt shall be nted referring nly t rules relevant t plt use type, which will take int accunt tenants wh keep bees and hens. 14 f 19

15 Inspectin ntes will be kept n recrd fr an agreed perid and any breaches f cultivatin requirements detailed in Sectin 4 will be recrded and the Site Manager will issue a Letter f Rectificatin in line with the Breach Reslutin Flw Chart. 19. Observance f Rules A breach f any f these Rules may lead t issue f Rectificatin fllwed by Ntice t Quit prcedures in line with the Breach Reslutin Flw Chart Tenants must cmply with any reasnable r legitimate directins given by the Assciatin in relatin t the alltment site Legal Obligatins. The Tenant must at all times thrughut the tenancy, bserve and cmply fully with all enactments, statutry instruments, lcal, parchial r ther byelaws, rders r regulatins affecting the Alltment, including the prvisins f the Alltment Acts , which are available thrugh the Assciatin. 20. Tenancy Terminatin The tenant may terminate the tenancy at any time by giving 14 day s ntice in writing t the Assciatin. If a tenant decides t stp cultivating an alltment part way thrugh the year, they must ntify the Assciatin s that the alltment may be let t a new tenant withut delay The Assciatin may terminate plt tenancies in line with agreed ntice perids in any f the fllwing ways: Ending n Death. This tenancy shall end n the rent day next after the death f the tenant. It will be at the Assciatin s discretin if they wish t ffer the plt in questin t the deceased tenant s family member in the first instance befre reverting t the waiting list Ending n Terminatin f the Assciatins Interest. This tenancy shall end n the day n which the tenancy r right f ccupatin f the Assciatin determines Ending by Ntice. This tenancy may be determined by either party giving t the ther 12 mnth s previus ntice in writing expiring n r befre 1 January r n r after 1 June in any year Ending by Re-entry n Default. This tenancy may be ended by re-entry by the Assciatin at any time after giving 28 day s previus ntice in writing ( Ntice t Quit ) t the Tenant If the rent r any part f the rent is in arrears fr nt less than 40 days, whether legally demanded r nt If it appears t the Assciatin that there has been a breach f the cnditins and agreements f this tenancy agreement n the part f the tenant prvided that, if such a breach is f the cnditins r rules affecting the cultivatin f the allcated plt, at least 3 mnths have elapsed since the date f this tenancy agreement The Assciatin may terminate plt tenancies by giving ne mnth s ntice t quit if rent is in arrears fr 40 days r mre (whether frmally demanded r nt) The Assciatin may terminate plt tenancies with immediate effect if the Assciatin believes the tenant t have cmmitted an illegal, vilent r dangerus act, which brings the site, Assciatin r Cuncil int disrepute. 15 f 19

16 In exceptinal circumstances, under the Lease Agreement signed by this Assciatin, FBC may als terminate a plt tenancy, in line with the abve agreed ntice perids Handing Back a Plt. The tenant must hand the Allcated plt back t the Assciatin at the end f the tenancy in gd, clean cnditin. Any buildings r greenhuses including areas f hard standing r paving erected by the tenant must be remved frm the plt and the Alltment site and in cmpliance with the bligatins in this agreement. Discretin in this matter rests with the Site Manager Infrmal Rectificatin Ntice Prcedure. In rder t attempt t reslve difficulties by agreement and prir t serving any Ntice t determine the tenancy by re-entry r the service f any statutry ntices assciated with this prcedure, the Assciatin will first serve upn the tenant a written Rectificatin Ntice setting ut the breach and giving a 28 day perid fr the tenant t rectify the prblem(s) and t discuss with the Assciatin any difficulties they may be experiencing UNLESS the Assciatin by the reasnable decisin f its Chairman, in ffice fr the time being and whse decisin shall be final, determines that the breach is f a serius nature in which case there shall nt be any requirement fr a Rectificatin Ntice t be served Any ntice required t be given by the Assciatin t the tenant may be signed n behalf f the Assciatin by the apprpriate Alltment Site Manager appinted by the Assciatin r by any f the Trustees and may be served n the tenant either persnally r by leaving the ntice at the last knwn place f abde f the tenant r by letter sent by recrded delivery service, addressed t the tenant there r by fixing the same in a cnspicuus manner n the allcated plt Any ntice required t be given by the tenant t the Assciatin shall be sufficiently given if signed by the tenant and sent in a prepaid pst letter t the Chairman in ffice fr the time being f the Assciatin. 16 f 19

17 17 Appendix A - Tenancy Breach Prcedure Flw Chart 17 f 19

18 Appendix B Rectificatin Ntice 18 RECTIFICATION NOTICE Western Wards Alltment Assciatin Cntact address Plt hlder details Dear REFERENCE PLOT NO XXX During an inspectin f the site n it was nted that yur plt des nt meet the standards as set ut in yur tenancy agreement. I m sure yu will understand the need t maintain standards acrss the site and I wuld be grateful if yu culd address the issues as listed belw within a perid f 28 days. Examples: The plt is nt being cultivated as per clause x f the tenancy agreement. A nuisance is being caused t neighburing plt hlders as per clause x f the tenancy agreement. I wuld be grateful if yu culd cntact me t discuss the issues raised as failure t take any actin may result in yu being issued with a frmal Ntice t Quit. Shuld yu be experiencing any prblems then I wuld be pleased t discuss the ptins available s as t achieve an amicable reslutin. Yurs sincerely Site Manager Western Wards Alltment Assciatin 18 f 19

19 Appendix C Ntice t Quit 19 NOTICE TO QUIT Western Wards Alltment Assciatin Cntact address Plt hlder details Dear REFERENCE PLOT NO XXX With reference t the Rectificatin Ntice we issued t yu, dated fr plt number We have reviewed the situatin in accrdance with assciatin prcedures and yur Tenancy agreement and regret that we have t serve yu this Ntice t Quit. This is due t the fact that satisfactry imprvements have nt been made t the prblems identified in the Rectificatin Ntice. Therefre in line with yur tenancy agreement yu nw have 28 days frm the date f this ntice t vacate the plt and remve all persnal effects. Any belngings nt cllected shall be stred fr a maximum f 21 days after which the Western Wards Alltment Assciatin will arrange fr their dispsal. All keys must be returned t the site Manager as sn as yu have vacated the site. Yu will appreciate that this measure is taken as a last resrt but it is in the interest f all plt hlders t uphld standards fr the benefit f the site and ptimise the use f the alltments. Yurs sincerely Site Manager Western Wards Alltment Assciatin 19 f 19