Tenants Agreement & Obligations

 

An Agreement made on the_____ day of ___________________ between Bellburn Allotment Association and ______________________________________________________________

It is agreed as follows:-

The Association will let the allotment garden numbered ________ on a yearly tenancy from  ______________ at the yearly rent of £ ________ payable in advance on the 1st day of April.  Provided that the Association may give notice to the tenant of its intention to revise the rent before the said date in accordance with clause 25.

The Tenant agrees with the Association as follows:-

1. To use the allotment garden as an allotment garden as hereinafter defined and for no other purpose.

2. To keep the said allotment garden clean free from weeds and well manured and otherwise maintain it in a good state of cultivation and fertility and in good condition.

3. Not to cause or permit any nuisance or annoyance to the occupier of any other allotment garden nor to the owners or occupiers of any neighbouring property or obstruct any pathway on the allotment site of which the said allotment garden forms part.

4. Not to assign, underlet or part with possession of the said allotment garden or any part thereof.

5. Not without the previous consent in writing of the Association to cut or prune any timber or other trees or take or sell or carry away any mineral, gravel, sand, soil or clay.

6. (a)  Not without the previous consent in writing of the Association, erect or place upon the said allotment garden or any part thereof any building or structure of any kind whatsoever.

 (b)  All such buildings and structures are to be erected within the guidelines of Appendix (A) attached to this agreement.

(c)  To maintain and keep any such building erected pursuant to a consent given under sub-paragraph (a) of this clause in good order to the satisfaction of the Association and if so required by the Association to remove the same at his/her own expense either before or upon the termination of his/her tenancy the Tenant nevertheless compensating the Association for all damage occasioned by such removal.

7. Not to use barbed wire for a fence adjoining any pathway or cart track on the allotment site of which the said allotment garden hereby let forms part of.

8. The Tenant must not keep any animals or livestock of any kind on the allotment garden.

9. Not to bring or keep on the said allotment garden any dog unless the same is controlled by a leash and accompanied by the Tenant at all times.

10. Not to deposit or allow other persons to deposit on the allotment garden any refuse or decaying matter (except manure or compost in such quantities as may be reasonably required for use in cultivation) or place any matter in the hedges, ditches or dykes situated in the allotment site of which the said allotment garden forms part or in the adjoining land.

11. When using sprays or fertilisers the Tenant must:

(a)  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

(b)  so far as possible select and use chemicals, whether for spraying, seed dressing or for any other purpose whatsoever, that will cause the lease harm to members of the public, game birds and other wildlife, other than vermin or pest, and

 (c)  comply at all times with current regulations.

12. Not without the written consent of the Association to plant any trees or fruit bushes or any crops which require more than twelve months to mature.

 13. Not to erect any notice or advertisement on the allotment garden.

(a) Water – Allotments may only be watered by the use of hand held containers or hoses. Such hoses will not be left unattended when in use. The use of any sprinkler or irrigation system is not allowed.

14. To observe and perform any other special conditions which the Association consider necessary to preserve the allotment garden from deterioration and of which notice shall be given to the Tenant.

15 To observe and perform all conditions and covenants contained in the Conveyance on sale or in the Lease (if any) under which the Council hold the Allotment Site of which the allotment garden forms part of any adjoining land.

16. That the Association shall have the right to refuse admittance to any person other than the Tenant or a member of his/her family to the allotment garden unless accompanied by the Tenant or a member of his/her family.

17. That any case of dispute between the Tenant and any other occupier of an allotment garden in the allotment site shall be referred to the Association whose decision shall be final.

18. That the Tenant shall inform the Association forthwith of any change of his/her address or name.

19. To yield up the allotment garden at the determination of the tenancy hereby created in such condition as shall be in compliance with the conditions herein contained.

20. That any officer, servant or agent of the Association shall be entitled at any time when so directed by the Council to enter the said allotment garden and any buildings erected thereon and inspect the state and condition thereof and to ensure the due observance of the terms of this Agreement.

21. The tenancy may be determined by either part giving to the other 12 months previous notice in writing expiring on or before the 6th April or on or after the 29th September in any year.  On the death of the Tenant the termination date will be the next quarter date.

22. The tenancy may also be terminated by the Association by re-entry after one month's previous notice in writing, if

(a)  the rent is in arrears for not less than 40 days (whether legally demanded or not),  or

(b)  it appears to the Association that there has been a breach of the conditions and agreements on the part of the Tenant herein contained and provided that if such breach be of the conditions affecting the cultivation of the allotment garden at least 3 months have elapsed since the commencement of the tenancy.

23. Notwithstanding anything in this Agreement this tenancy shall terminate whenever the tenancy or right of occupation of the Association terminates.

24. On the termination of this tenancy the Tenant shall not be entitled to compensation in respect of any fruit trees or bushes, strawberry plants, asparagus, rhubarb or any other crops which have been or are planted in the allotment garden with the consent of the Association pursuant to Clause 12 hereof and which continue productive for 2 or more years or in respect of any building removed under the provisions of Clause 6 (b) hereof provided that if the Tenant shall have planted any such crops as aforesaid whether or not he/she has obtained the consent of the Association as hereinbefore provided he/she will nevertheless be permitted to remove the same at his/own expense.

25. It is hereby agreed and declared that notice of the rent to apply for the next ensuing year shall be deemed to have been duly given if voted on and minuted at the proceeding AGM.

26. Without prejudice to the last preceding clause any notice required to be given by the Association to the Tenant may be signed on behalf of the Association for the time being and may be served on the Tenant either personally or by leaving it at his/her last known place of abode or by the registered letter or letter sent by the recorded delivery addressed to him/her there or by fixing the same in some conspicuous manner on the allotment garden comprised herein.  Any notice required to be given by the Tenant to the Association shall be sufficiently given if signed by the Tenant and sent in a pre-paid post letter to the Secretary of the association.

27. For the purposes of this Agreement the term "allotment garden" shall mean an allotment not exceeding one quarter of an acre in extent which is wholly or mainly cultivated by the Tenant for the production of vegetable or fruit crops for consumption by the Tenant or his/her family.

Signed (Tenant):- __________________________________ ( Date of birth ............................)

Signed (Association Chairman/Secretary) __________________________________

 

 

BELLBURN ALLOTMENT ASSOCIATION

APPENDIX (A)

GUIDANCE FOR TENANTS
ERECTION OF SHEDS, GREENHOUSES & FENCING

 

Sheds

Before any shed is erected on the allotment garden, written approval must be obtained from the Committee.  Approval will only be given if the sheds are constructed to the following specifications:-

(i)    Maximum floor size to be 6' x 8' and height not more than 6’ 6”.

(ii)   Walls and roof must be timber and of a quality construction and appearance.

(iii)  Under no circumstances will any shed constructed of old doors, windows, bits of metal etc be approved and any second-hand sectional sheds must be in a good condition and providing permission is granted for them to be erected, a detailed inspection will be carried out to make sure that it conforms with the committees requirements.

Under no circumstances are any building materials to be kept on plot.

Fencing

(i)   No individual garden fencing is to be erected without previous written consent from the Committee.

(ii)   Any internal fencing will be restricted to a height of 5' 0" and must be of a post and rail or post and wire design.

(iii)  Under no circumstances should any corrugated sheets, old doors, old windows or bits of metal be brought onto the site.

Greenhouses

(i)   All greenhouses will be of a proper design, i.e. aluminium frame or sectional timber frame.

(ii)   Greenhouses which are constructed of an aluminium or plastic frame covered in PVC will be approved, providing that they are of a proper construction and that they will be maintained at all times.

(iii)  Under no circumstances should any greenhouse be built out of old doors and windows.









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