FINAL DRAFT NEW TENANCY AGREEMENT FOR ALLOTMENT SITES

Transcription

1 FINAL DRAFT NEW TENANCY AGREEMENT FOR ALLOTMENT SITES THIS TENANCY AGREEMENT is made the day of. BETWEEN (1)...( the Association ) located at..... ( the Allotment Site ) (2) acting by its appointed Trustees for the purpose under the terms and conditions of the Lease of the Allotments held from the Metropolitan Borough Council of Stockport ( the Council ) and of ( the Tenant ) NOW IT IS AGREED as follows 1. Interpretation 1.1. Words referring to one gender will be read as referring to any other gender and words referring to the singular will be read as referring to the plural and vice versa Where the Tenant is more than one person the obligations and liabilities will be joint and several obligations and liabilities of those persons. If one of those persons can claim a discount under SMBC rules, this discount shall apply to the rent for the whole plot[s] The clause headings do not form part of this Agreement and will not be taken into account in its interpretation. 2. Allotment 2.1. The Association agrees to let and the Tenant agrees to take all that piece of land situate at ( the Allotment Site ) numbered on the Association s allotment plan and containing approximately square yards/metres the Allotment Garden ( the Plot ). 3. Tenancy, Rent and Charges 3.1. The Plot shall be held on an annual tenancy from the First of January ( the Rent Day ) The rent and all other charges shall be paid in full by the Tenant to the Association within 40 days of the Rent Day (being partly in arrear and partly in advance for each calendar year) whether the same has been legally demanded or not.

2 3.3. Water supply shall / shall not be included in the rental charge. Where not included in the rental charge it may be included in the subscriptions and fees charged by the Association Where additional amenities and services are provided by the Council on the Allotment Site, these will be taken into account when setting the following year s rent Where additional amenities and services are provided by the Association, these may be taken into account when the association is setting the following year s charges. These may include, but not be limited to, charges for association membership and costs such as affiliation to organisations, insurances and deposits. 4. Cultivation and Use 4.1. The Tenant shall use the Plot as an allotment garden only, as defined by the Allotments Act 1922 (that is to say wholly or mainly for the production of vegetable, fruit and flower crops for consumption or enjoyment by the Tenant and his family) and for no other purpose and keep it free of hazards, for example broken glass or scrap metal, and reasonably free from weeds, in particular perennial weeds At the time of letting, the Association will outline to the tenant in writing the level of cultivation expected in the first year, dependent on the condition in which it is let. Otherwise, the Tenant shall, as appropriate to the time of year, have at least 25% of the Plot under cultivation after 3 months and at least 80% of the Plot under cultivation after 12 months and thereafter. The whole plot shall be maintained and be in a good state of cultivation, fertility and in good condition Allotments are let for the purpose of cultivation. Where the tenant proposes to use less than 80% of the whole plot for cultivation, the tenant shall obtain the agreement of the committee The Tenant may not carry on any trade or business in association with the Allotment Site. A small amount of surplus produce may be sold as ancillary to the provision of crops for the family. 5. Prohibition on Underletting 5.1. The Tenant shall not underlet, assign or part with possession of the Plot or any part thereof. (This shall not prohibit another person, authorised by the Tenant, from cultivation of the plot for short periods of time when the Tenant is incapacitated by illness or is on holiday; the Association to be informed of the other person s name and address.) 5.2. The Tenancy is not transferable 6. Conduct 6.1. The Tenant must comply at all times with the Constitution and/or Rules of the Association and any subsequent changes. A copy of the Constitution and/or Rules current at the time of signing this agreement is attached to this agreement OR A copy of the current Constitution and/or Rules can be found on the notice board of the Association. A copy of the Site lease will be made available on request The Tenant must not cause, permit or suffer any nuisance, annoyance or harm to any person including any plotholder, committee member, council officer or neighbour on or adjacent to the Allotment Site and must conduct himself appropriately at all times The Allotment Site including the Plot may not be used for any illegal or immoral purposes and the Tenant must observe all relevant legislation or codes of practice relating to activities they carry out on the Plot or Allotment Site The Tenant shall not enter onto any other plot at any time without the express permission of the relevant plot holder, except for purposes relating to safety including any work to make safe any structure or items on the plot or where sanctioned by an official of the Association Any person who accompanies the Tenant to cultivate or harvest may not at any time enter onto another plot without the express permission of the relevant plot holder. The Tenant is responsible for the safety of and actions of children and others entering the Allotment Site with his permission.

3 6.6. The Tenant must not remove produce from any other plot without the express permission of the relevant plot holder Any dispute between the Association and any individual plotholder which cannot be resolved by the Association may be referred to an authorized officer of the Council whose decision shall be final. 7. Trees 7.1. The Tenant shall not cut or prune any trees, apart from carrying out the recognised pruning practices for fruit trees 7.2. The Tenant shall not plant any trees without the prior consent of the Association and shall remove any self-sown tree seedlings Unless the Association rules indicate otherwise, the Tenant agrees not to plant any fruit trees within ten feet of a shared pathway or boundary, and not to plant soft fruit bushes or rhubarb crowns within three feet of a shared pathway or boundary. 8. Hedges and Paths 8.1. The Tenant shall keep every hedge that forms part of the boundary of his Plot properly cut and trimmed, all pathways between plots trimmed and well maintained up to the nearest half width by each adjoining tenant, keep all ditches properly cleansed and maintained and keep in repair any other fences and any other gates or structures on his Plot The Tenant shall not use any barbed or razor wire or similar Paths and haulage ways (roads) must not be obstructed when passage is required All paths between plots must be kept to a minimum of 45 centimetres wide. 9. Security 9.1. The Tenant shall be issued with a key to access the Allotment Site according to the Rules of the Association. No replicas are to be made. The key remains the property of the Association Any authorised officer or agent of the Council shall be entitled at any time to enter and inspect the Allotment Site and Plots. An officer of the Association may enter the Plot at any time for inspection of the state of cultivation and general condition of the Plot, structures, sheds, greenhouses, polytunnels and any livestock. 10. Water/Hoses /Fires 10.1 The Tenant is required to practice sensible water conservation 10.2 The Tenant shall have consideration at all times for other tenants when extracting water from water points. Hoses are to be used in accordance with the Associations Constitution and Rules, and any government, local authority, or utility company restrictions. Sprinklers, drip-watering, seep-hose or other micro-irrigation systems must not be used on the mains water system either directly or indirectly No fires are permitted on the Allotment Site. 11. Dogs 11.1.The Tenant shall not bring, cause or allow a dog to be brought onto the Allotment Site unless it is kept under control at all times. Any faeces to be removed immediately and disposed of off-site by the Tenant. 12. Livestock 12.1.The Tenant shall not keep any animals or livestock on the Plot or the Site without the prior written consent of the Association Committee, where permitted by the terms and conditions of the Site Lease Agreement. (Such animals not to be kept for trade or business purposes and accordingly to be limited in number as the Association or Council may provide in writing.)

4 12.2.Livestock must be kept so that they are not prejudicial to health or a nuisance. 13. Buildings and Structures 13.1.The Tenant shall not without the written consent of the Association, and then only in accordance with terms and conditions of the Site Lease Agreement and the Association s Constitution and Rules, erect any structure or create a pond on the Allotment Garden. The maximum size and positioning of any structure or pond shall be determined by the Association. The Tenant may also require permission from the relevant planning authority The Tenant shall keep all sheds, greenhouses, polytunnels and other structures in good repair to the satisfaction of the Association Oil, fuel, lubricants or other inflammable liquids shall not be stored on the Plot except in an approved container with a maximum capacity of 5 litres, for use with garden equipment only The Association will not be held responsible for any loss by accident, fire, theft or damage from the Plot. 14. General 14.1.The Tenant shall not deposit or allow other persons to deposit on the Plot any rubbish, refuse or any decaying matter (except manure and compost in such quantities as may reasonably be required for use in cultivation) or place any matter in the hedges, gullies, scrub or woodland in or surrounding the Site All non-compostable waste shall be removed from the Allotment Site by the Tenant without undue delay The Tenant shall not utilise carpets or underlay on the Plot. 15. Hazardous Substances, Chemicals, Pests, Diseases and Vermin 15.1.The Tenant shall only use commercially available products licensed for general garden use for the control of pests, diseases or vegetation When using any sprays or fertilisers or chemicals in any form the Tenant must ensure that adjoining areas are not affected and must comply at all times with current regulations regarding their use and storage The Tenant shall not introduce to or re-use asbestos on the Site 15.4.The Tenant shall not introduce any other identified hazardous materials or substances to the Site 15.5.Any incidence of vermin on the Site must be reported to the Association. 16. Signs 16.1.The Tenant will provide and maintain a plot number sign in good order and ensure it is visible at all times The Tenant shall not erect any notice, sign or advertisement on the Site without prior consent of the Association. 17. Vehicle Parking 17.1.Only the Tenant or persons acting for them or persons invited by the Association shall be permitted to bring vehicles onto the site and they must be parked in the designated areas and not obstruct the haulage ways at any time when passage is required. 18. Termination of Tenancy 18.1.The tenancy of the Plot shall terminate by the Tenant giving the Association 28 days notice in writing, or on a day not later than the next Rent Day after the death of the Tenant, or

5 on the day on which the right of the Association to occupy determines by reason of notices served on the Association in compliance with S1(b) (c) or (d) Allotments Act 1922, or by re-entry after three months previous notice in writing to the Tenant on account of the land being required for building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes, or by the Association giving the Tenant at least twelve months notice in writing expiring on or before 6 April or on or after 29 September in any year, or by re-entry if the rent and other charges are in arrears for not less than 40 days or by re-entry according to the Termination Procedure specified in the Association Constitution and/or Rules if the Tenant is not duly observing the conditions of this tenancy or by re-entry if the Tenant becomes bankrupt or compounds with his creditors. 19. Change of Address 19.1.The Tenant must immediately inform the Association of any change of address and other contact details, such as and telephone number In the event of the termination of the tenancy the Tenant shall return to the Association any property (keys, etc.) made available to him during the Tenancy and shall leave the plot in a satisfactory condition. If in the opinion of the Association the plot has not been left in a satisfactory condition, any work carried out by the Association to return the plot to a satisfactory condition may be charged to the Tenant (section 4 Allotments Act 1950). 20. Notices 20.1 Any correspondence to the Association from the Tenant shall be sent to the address notified by the Association 20.2 Any notice given under this agreement must be in writing and shall be delivered by hand or sent by first class post with proof of posting Any notice served on the Tenant shall be delivered or sent to his last known address A notice sent by first class post is to be treated as having been served on the third working day after posting, whether it is received or not In addition, a notice can be served on the plot and a photographic record kept, or by or by fax 21. Disputes 21.1 Any dispute between the Association and any individual Tenant which cannot be resolved by the Association may be referred to an authorised officer of the Council whose decision shall be final Executed by the Association by signing by two trustees

6 Associa'on Name PLOT No. SIZE: SQ YARDS/METRES I/we have read and understood and agree to comply with the tenancy agreement and also the site rules and the cons'tu'on, as amended from 'me to 'me, for the dura'on of the tenancy DATE:. SIGNATURE[S] OF PLOTHOLDER: NAME[S] IN CAPITALS WITNESS: ADDRESS OF WITNESS.. SIGNATURES of any two current Trustees of the Associa'on NAME AND ADDRESS OF WITNESS.. NAME AND ADDRESS OF WITNESS... Plotholder copy

7 Associa'on Name PLOT No. SIZE: SQ YARDS/METRES I/we have read and understood and agree to comply with the tenancy agreement and also the site rules and the cons'tu'on, as amended from 'me to 'me, for the dura'on of the tenancy DATE: SIGNATURE[S] OF PLOTHOLDER: NAME[S] IN CAPITALS WITNESS: ADDRESS OF WITNESS... SIGNATURES of any two current Trustees of the Associa'on NAME AND ADDRESS OF WITNESS.. NAME AND ADDRESS OF WITNESS... Associa'on copy