Tenancy Agreement
TERMS AND CONDITIONS OF LETTING
Payment of Rent
- The rent of an allotment plot shall be paid yearly in advance on the 1st day of
September in each year. - If the rent is unpaid after 28 days in any year, then (unless the Council agrees in
writing to the contrary) the tenancy terminates automatically. - The Council reserves the right to review and increase the yearly rent on and from
1 September. The tenant will be informed of any change, which will be applied
from April 1st in that year. The Tenant should be aware that the annual fee
includes a contribution towards the upkeep of access paths & tracks. - The Tenant may terminate this Agreement by giving the Council one month’s
notice in writing; a pro-rata rent refund will be given to the Tenant. - A Tenant found to be in breach of the Conditions of Letting and whose plot is
subsequently withdrawn will not receive a rent refund. - The Tenant may not sub-let or re-assign tenancy without the written permission of
the Council. The Tenant may rent no more than two plots at any one time. - Service of Notices
Any notice from Martock Parish Council may be served on a tenant.
Any notice from a tenant to Martock Parish Council is served on the Council by
delivering the same or posting the same by letter to The Parish Clerk or Deputy Parish
Clerk, Martock Parish Council, The Market House, Church Street, Martock, TA12 6JL.
Power to Inspect Allotment Plots
Authorised staff or agents of the Council shall be entitled at any reasonable time to enter
and inspect any allotment administered by the Council.
GENERAL CONDITIONS UNDER WHICH THE ALLOTMENT PLOTS ARE TO BE
CULTIVATED
Every tenant of an allotment plot shall comply with the following conditions:-
Cultivation and Use of the Land - The Tenant should use the Plot as an allotment/leisure garden during daylight hours
only, for growing normal garden selections of vegetables, fruit and flowers,
principally for personal use, consumption or pleasure. No animals may be kept on
the plot. - To manage at least 75% of the area of the allotment for the production of crops; the
remaining 25% may be used for other horticultural leisure purposes (lawn etc). 3. To
keep the allotment plot clean, free from weeds and cultivated with compost or
recognised soil improver and otherwise maintain it in a good state of cultivation and
fertility. - Any plot where the ground is annually cleared of weeds and not used for crop
production for a period of one year will be deemed to be uncultivated. 5. The Council
encourages organic gardening in preference to the use of synthetic fertilizers,
pesticides etc. All chemicals, fertilizers etc must be securely stored otherwise remove
from the allotment. - To cultivate the whole of the allotment plot personally and not to underlet, assign,
exchange or part with the possession of the allotment plot or any part of it without
the written consent of the Council such consent to be at the absolute discretion of
the Council. - New Tenants Martock Parish Council will expect New Tenants taking up a plot to
commence cultivation of the plot immediately. It will be expected that the New
Tenant will have 25% of the plot fully cultivated and planted or ready for planting
withing two months. It will be expected that after six months 75% cultivation will be
achieved (this will be dependent on the condition of the plot at the start of the
tenancy). During the first twelve months the tenant must demonstrate continuous
progress towards full cultivation. - All Tenants after the first twelve months of a new tenancy Martock Parish Council
will expect the tenant to reach full cultivation (see Point 1 above) each year on from
the first. If this is not achieved the tenant will be notified of it’s state of neglect or
serious underuse (see below).
A Plot in a state of neglect or serious underuse
The Tenant will be notified in writing by the Council to rectify matters within one month. If
the Council is not satisfied that improvements have been made, the Tenant will be
served a notice to terminate the Agreement. A Tenant may appeal in writing within 14
days of the termination letter. The Council will appoint an Appeal Panel (three Parish
Councillors) to consider the appeal and shall reply to the Tenant within 14 days of receipt
of the appeal. The decision of the Appeal Panel shall be final.
The Council shall claim compensation from a Tenant who at termination leaves a plot in
a worse condition than when the Tenancy started. This will be the cost of professional
services employed to clear the plot.
Materials - Not to place or keep on the allotment any carpet or other plastic based covering
other than appropriate weed suppressant membranes used for that purpose and to
be removed during cultivation, so as not to remain permanently on the plot. - Not to bring onto or store on the allotment (or in any structure) materials or
substances of any kind not for reasonably immediate use on the allotment – in
particular not asbestos, building materials, poisons etc. - Not to use non-compostable materials such as gravel for pathways on or around the
allotments.
Structures and Water - Not without the written consent of the Council, erect or place or permit on the
allotment plot any building, greenhouse, polythene tunnel or other structure except
as permitted. - Sheds, greenhouses and other buildings should only be used for cultivating crops
and storing tools and materials used on the plot. They may not be used for
sleeping, or for any other purposes not associated with the plot cultivation. - Tenants that inherit sheds and other structures, that had been erected prior to
January 2015 before the introduction of specific ruling or guidance and who wish to
consider making alterations or erect a new one must seek written permission in
advance from the Council. A Tenant must remove any structure within 30 days if
requested to do so by the Council. - The Council cannot be held responsible for any damage or loss to a building or its
contents, or to any produce being cultivated; Tenants may therefore wish to have
insurance cover. - The allotments and site or any structures thereon must not be used for any illegal
activity. Failure to comply will be considered a serious breach and the police will be
informed. - Tenants may keep water butts or other water receptacles on the plot, but they must
be securely covered. Hoses or sprinklers are not allowed except where required to
fill water containers. Hosepipes or siphoning devices are not to be used to remove
water from any water supply. - Any pond, tank or bath sited on the plot should be covered and kept in a safe manner.
Common Areas, Hedges and Fencing - To keep the internal hedges, and the internal face of adjoining boundary hedges on
the allotment plot properly cut and trimmed. The Tenant must keep any hedge that
forms part of the Allotment properly cut. Any fence, screen or other similar structure
should be no more than one meter in height and be made of natural materials. The
fence must not lean over or occupy the common footpath. - Not to plant or permit to grow on the allotment any trees which does not produce
edible fruit, without the prior written consent of the Council, such consent to be at
the absolute discretion of the Council. The Council reserves the right to ask the
Tenant to remove fruit trees when an Agreement is terminated. - Not plant any trees or shrubs so as to overhang or interfere with any other allotment
or any path or track on the allotment land. - The Tenant shall maintain in good order the partition strips between the common
footpath and any fence etc. Temporary fencing for climbing seasonal vegetables etc
is permitted. The use of barbed wire is prohibited along with any other fencing
material that may cause injury on a fence or as a fence adjoining any path set out
for the use of the occupiers of the allotment plots. And that all fences are kept in
good order so that they are safe. - Ditches should be kept clear, and gates maintained.
- The Tenant may not cut or prune any trees without permission from the Council and
not to sell or carry away any turf, mineral or gravel, sand or clay.
Vehicular Access and Parking - The speed limit for the allotment track is 5mph; tenants are expected to abide by
this at all times. - Cars must not be parked on allotment plots, only on the designated areas, so not
to cause nuisance to neighbours on occupied land.
Bonfires and Waste Materials - Not to deposit or permit to remain 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 or allow to be placed any matter in the
hedges or ditches in the allotment area or in any adjoining land. - Only materials compatible with horticulture may be brought on to the plot.
- Only refuse associated directly with the use of the plot may be burned on site. Controlled
fires for appropriate use are allowed after 4.00 pm (Pollution Control and Local
Government (NI) Order 1978 or similar legislation) but must not be left unattended at
any time and must be fully extinguished before the Tenant leaves the site. - Not to light any fire on any part of the allotment so as to allow smoke to drift or cause
a nuisance or an annoyance to any person or persons, prior to 4pm.
Nuisance and Personal Conduct - Not to cause any nuisance or annoyance to the occupier of any other allotment plot
nor the owners or occupiers of any neighbouring property nor obstruct nor encroach
upon any path set out for the use of the occupiers of the allotment plots. Failure to
observe this condition will constitute a serious breach of this agreement on the part of
the tenant. - The tenant is responsible for the supervision and behaviour of visitors and children at
all times. Children must not be allowed to leave the designated allotment plot unless
accompanied by a responsible adult. This is in respect of neighbouring tenants and to
avoid any injury that may be caused by unforeseen hazards (see attached Risk
Assessment). - Tenants are permitted to bring a dog onto the allotment provided it is under proper
control and kept within the confines of the allotment plot at all times, and provided
that it does not cause a nuisance or annoyance to any other person. All dog faeces
must be removed from the allotment site. Failure to observe this condition will
constitute a breach of the agreement on the part of the tenant and will result in this
permission being withdrawn.
Change of Address
The Tenant shall inform the Parish Clerk of any change to his/her address. A Tenant may
not retain use of the Plot if he/she is moving out of the parish.
Liability Insurance
The Tenant is required to have Liability Insurance (this can be done through your
household insurance or as a member of the Bower Hinton Allotment Association) and to
provide proof along with the signed acceptance of the terms and condition of this
Tenancy Agreement.
Breach of Condition and Termination of a Tenancy
The Tenant must observe and perform all conditions and covenants contained in the
conveyance or in the lease or in any other agreement under which the Council holds the
land.
The Tenant must also observe and perform every other condition which the Council
considers necessary to preserve, develop and/or improve the allotment plot.
All tenancies will terminate if the Council ceases to own or have the right of occupation
of the allotment land.
The tenancy may be terminated by the Council by re-entry after one month’s notice:- - If the rent is in arrears for more than 40 days; or
- If any tenant is in breach of the Allotment Plot Rules affecting the allotment plot or
any other terms of condition of their tenancy. - The tenancy may also be terminated by the Council by giving such notice as is
provided for at section 1(1) of the Allotments Act 1950 - Failure to report to the Parish Clerk of any case of dispute between Tenants relating
directly to the allotments.
The Tenant will be requested in writing to discontinue any practice which is in default of
the Agreement. If the breach continues, the Council will terminate the Agreement with
immediate effect. A tenant may appeal in writing within 14 days of the termination letter.
The Council will appoint an Appeal Panel (three Parish Councillors) to consider the
appeal and shall reply to the Tenant within 14 days of receipt of the appeal. The
decision of the Appeal Panel shall be final.
Upon the termination of the Tenancy, (for whatever reason), the Tenant shall remove any
structure on the vacated plot if it does not comply with the Approved Structures Details
or if it has not been maintained properly in accordance with Approved Structures
Specification. Failure to comply will mean that the Council will remove the structure and
invoice the ex-tenant. (This ruling shall apply equally to both structures erected by the
tenant or bought or inherited by them from the previous plot holder).