Winshill Allotments and Cottage Gardens Association
Agreement for letting an allotment garden (plot)
THIS AGREEMENTis made on the 2021
BETWEEN
(1) Winshill Allotment Association ('the Association')
(2) (Name of tenant)
(Address of tenant)
(Phone contact)
(Email address)
(3) Winshill Parish Council (the Council)
NOW IT IS AGREEDas follows:
1. Agreement to let
The Association agrees to let and the Tenant agrees to take the allotment garden (plot) numbered [ ] (the ‘Allotment plot)’ within the allotment site known as Wheatley Lane Allotments (“the Allotment Site”) on a rolling yearly tenancy starting from 2021at the yearly rent as set out in clause 2 hereof
2. Rent
In this clause:
2.1 Yearly rent
2.1.1 The yearly rent is that which is agreed by the Allotment Association Management Committee at the AGM
2.1.2 The Association must give written notice to the Tenant of the revised rent as soon as it has been calculated
3. Tenant's agreements
The Tenant agrees with the Association and the Council to observe and perform the conditions and obligations set out below.
3.1Rent
The Tenant must pay the rent reserved, in advance and without deduction otherwise than allowed by statute, on 1stJanuary in each year.
3.2Use
3.2.1 The Tenant must use the Allotment plot for the production wholly or mainly of garden flowers, vegetable or fruit crops for consumption by the tenant and her/his family and friends, and for no other purpose and in particular must not grow trees on the Allotment plot other than those producing edible fruit
3.2.2 The Tenant must not use the Allotment plot for or in connection with any trade or business
3.2.3 The Tenant must not use have any bonfires on the Allotment plot unless permitted in writing by the Association provided that any bonfire, whether permitted or not, must be properly attended at all times and must not cause a nuisance or be in breach of any law. In any event the Tenant must not burn anything except garden waste which cannot be composted and must immediately extinguish fires if the wind direction causes smoke to blow towards neighbouring houses, business or roads in a manner likely to cause a nuisance.
3.2.4The Tenant shall comply with the local rules of the allotment association. Where there is a conflict between this agreement and the local rules of the association, then the local rules of the association will take precedent and be deemed to be in force.
3.3 Cultivation
3.3.1 The Tenant must keep the whole of the Allotment plot clean, tidy and free from weeds and well manured and otherwise maintain it in a good state of cultivation and fertility and in good condition, must keep the soil free from noxious contaminants, livestock carcasses and weeds.
3.3.2 The Tenant must keep any pathway or cart-track included in or abutting on the Allotment plot (or, in the case of any pathway or cart-track abutting on the Allotment plot and any other allotment plot, the half-width of it) reasonably free from weeds.
3.3.4 The Tenant must not grow plants that are invasive to the extent of affecting adjoining paths and/or allotment plots
3.4 Care of Equipment
The Tenant must take all reasonable steps to protect any water pipes standpipes and water tanks erected within the Allotment Site
The Tenant must take appropriate steps to avoid wastage of water within the Allotment Site
3.5 Nuisance
The Tenant must not cause or permit any nuisance or annoyance to the occupier of any other allotment plot, or the occupiers of neighbouring properties or obstruct or encroach on any path or roadway set out by the Association for the use of the occupiers of the allotment plots. In particular the Tenant must not leave any vehicle overnight at the Allotment Site and in the use of any vehicle on the Allotment Site must not exceed the speed of 5 miles per hour.
3.6 Legal obligations
The Tenant must at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local, parochial or other byelaws, orders or regulations affecting the Allotment Site.
3.7 Alienation
The Tenant must not sublet, assign or part with possession of the Allotment plot or any part of it without the written consent of the Association.
3.8 Waste
3.8.1 The Tenant must not cut or prune any timber or other trees whether within the Allotment plot or in land adjoining the Allotment plot, or take, sell or carry away any mineral, gravel, sand, earth or clay without the written consent of the Association provided that the tenant must prune any trees growing within the Allotment plot which in the view of the Association excessively share an adjoining plot.
3.8.2 The Tenant must not store materials on the Allotment plot outside of any secure shed or structure that in the view of the Association or the Council’s allotments officer presents any form of safety hazard or is excessively untidy
3.9 Boundary structures
The Tenant must keep every hedge that forms part of the Allotment plot properly cut and trimmed and all ditches properly cleaned, maintain and keep in repair any fences and any gates on the Allotment plot, and use his best endeavours to protect any other hedges, fences or gates in the allotment field of which the Allotment plot forms part or in adjoining land and any notice-board which has been or may at any time during the tenancy be erected by the Association on the Allotment or the Allotment Site.
3.10 Buildings
3.10.1 The Tenant must not erect any building on the Allotment plot without the written consent of the Association.
3.10.2 The Tenant must not erect any building using bricks and mortar without the written consent of the Association and of the Council but may use sectional concrete that is easily dismantled.
3.10.3 All buildings erected on the Allotment plot must be kept in good and safe repair.
3.11 Refuse
The Tenant must not deposit, or allow other persons to deposit, on the Allotment plot any refuse or any decaying matter, except manure and compost in such quantities as may be reasonably required for use in cultivation, or place any matter in the hedges, ditches or dykes in the allotment field of which the Allotment plot forms part or in adjoining land.
3.12 Livestock
The Tenant must not keep any animals or livestock of any kind on the allotment other than as permitted by the Association.
3.13 Sprays
When using any sprays or fertilisers, the Tenant must:
3.13.1 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
3.13.2 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
3.13.3 comply at all times with current regulations.
3.14 Admittance
The Tenant agrees that the Association shall have the right to refuse admittance to the Allotment plot to any person, other than the Tenant or a member of his family, unless accompanied by the Tenant or a member of his family.
3.15 Disputes
The Tenant agrees that
3.19.1 any case of dispute between himself and any other occupier of an allotment plot in the Allotment Site shall be referred in writing to the Association, who shall use their discretion to resolve the dispute in a reasonable manner
3.16 Change of address
The Tenant agrees to inform the Association immediately of any change of his address.
3.17 Yielding up
The Tenant must yield up the Allotment plot at the determination of the tenancy created by this agreement in such condition as shall be in compliance with the agreements contained in this agreement and in particular remove such buildings, structures, trees or plants form the Allotment plot which in the opinion of the Association is necessary to return the Allotment plot to a re-lettable condition.
3.18 Inspection
The Tenant agrees that any duly authorised officer or agent of the Association or the Council may enter and inspect the Allotment plot at any time.
3.19 Special conditions
The Tenant must observe and perform any special condition the Association considers necessary to preserve the Allotment plot from deterioration of which notice is given to the Tenant in accordance with clause 4 below.
3.20 Lease terms
The Tenant must observe and perform all conditions and covenants that apply to the Allotment plot contained in any lease under which the Association hold the land.
4. Determination of the tenancy
4.1 Determination on death
This tenancy shall determine on the [half-yearly (or)quarterly]rent day next after the death of the Tenant.
4.2 Determination by notice
This tenancy may be determined by the Association giving to the Tenant 12 months' previous notice in writing expiring on or before 6 April or on or after 29 September in any year.
This tenancy may be determined by the Tenant giving to the Association 14 days previous notice in writing expiring on any day
4.3 Determination where allotment appropriated
This tenancy may be determined by re-entry by the Association at any time after giving 3 months' previous notice in writing to the Tenant on account of the allotment garden being required:
4.3.1 for any purpose, other than use for agriculture, for which it has been acquired by the Council of for which it has been appropriated under any statutory provision, or
4.3.2 for building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes.
4.4 Determination by re-entry on default
This tenancy may be determined by re-entry by the Association at any time after giving one month's previous notice in writing to the Tenant:
4.4.1 if the rent or any part of it is in arrears for not less than 40 days whether legally demanded or not;
4.4.2 if it appears to the Association and the Council that there has been a breach of the conditions and agreements on the part of the Tenant contained in this agreement and provided that, if such breach is of the conditions or rules affecting the cultivation of the Allotment plot, at least 3 months have elapsed since the commencement of the tenancy; or
4.4.3 if the Tenant becomes bankrupt or compounds with his creditors.
4.4.4 if the Tenant is convicted of theft criminal damage or any other crime within the Allotment Site
5. Notices
5.1 Any notice required to be given by the Association to the Tenant may be signed on behalf of the Association by the secretary of the Association and may be served on the Tenant either personally or by leaving it at his last known place of abode or by registered letter or letter sent by the recorded delivery service addressed to him there or by fixing the same in some conspicuous manner on the Allotment plot and the Allotment notice board (where there is one).
5.2 Any notice required to be given by the Tenant to the Association shall be sufficiently given if signed by the Tenant and showing clearly the Allotment Number and sent in a prepaid post letter to the Association Secretary.
AS WITNESS WHEREOFthis Agreement is signed by the Tenant and on behalf of the Association by the Association Secretary or Chairman or Allocations Secretary or Treasurer.
SIGNEDby the said tenant …………………………………………………………………………………………….
SIGNEDby ………………………………………………………………………………………………... on behalf of Wheatley Lane Allotment Association by the Association Secretary or Chairman or Allocations Secretary or Treasurer.
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