The tenancy agreement

This page shows the tenancy agreement that you will sign when you take on an allotment.. Please note that there also rules that need to be adhered to.

In addition to what follows the agreement also lists the things that you are the tenant of. Examples:

  • plot
  • tree
  • cold frame
  • raised bed

Payment for rent, a share and subscription fee

1. The tenant shall pay a yearly rent and membership subscription in advance, whether demanded or not, which shall be payable in full on the 31 day of March for every year of the tenancy. [Where the tenancy commences after 31 day March the annual membership subscription is payable in full and the proportionate rent for any part of the year shall be calculated by the secretary.] The rent and membership subscription is reviewed at the Annual General Meeting of the Association in March and if varied the ‘New Rent’ and/or “New Subscription” shall from the commencement date become due and payable in substitution for and in the same manner as the former rent. The Tenant shall be deemed to accept the New Rent unless the tenant serves Notice of Termination in accordance with clause 31 below.

2. The tenant shall not sublet, assign or part with possession of the holding or any part of it.

3. A tenant who successfully completes two years as a probationary member is required, when invited by the secretary, to purchase a single non-transferable share in the association and become a full member.

Cultivation, Structures, Trees and maintenance of the plot

4. The tenant shall use an allotment plot, or raised bed: only for the cultivation of fruit; vegetables; flowers; or growing green manure crops and to keep weeds under control and maintain the soil in a healthy and fertile state.

5. The tenant shall not sell or undertake a business in respect of the cultivation and production of fruit, vegetable and flowers on the site.

6. The tenant shall only bring onto the site things that are to be used for the cultivation of the plot or the benefit of the association.

7. The tenant must not: cause or permit any nuisance or annoyance to the occupier of any other plot; or obstruct or encroach on any path used by members.

8. The tenant must not take, sell or carry away any mineral, gravel, sand, earth or clay without the written consent of the Committee.

9. The Tenant shall at all times during the tenancy observe and comply fully with all legal requirements that relate to the allotment plot.

10. The tenant when using any chemical sprays or powders (including herbicides, pesticides and fertilisers) shall comply at all times with current regulations; and must take all reasonable care to ensure that adjoining trees and crops are not adversely affected; and must make good or re-plant as necessary should any damage occur.

11. No fence or perennial plant hedge is permitted between or around plots.

12. The tenant shall not build any greenhouse, poly tunnel, shed or similar structure on any plot. A temporary structure to contain the tools and equipment, used to maintain the plot, is permitted provided that the maximum height does not exceed 1200mm. Temporary cold frames, raised beds, and support structures for climbing plants and fruit cage netting are permitted.

13. Foundations or structures using cement are not permitted on any plot.

14. The tenant must not remove or plant a tree on a plot without the written consent of the Committee.

15. Trees and perennial shrubs on any plot must be pruned at least annually and maintained in good condition. These plants must not overhang the allotment boundary. Any tree located in the orchard that is subject to this agreement is owned and maintained by the Association.

Use of water

16. The tenant shall at all times assist in the conservation of water by taking every care to prevent waste or misuse of water and report a leaking tap or pipe to the Secretary (or member of the Committee) as soon as possible.

17. The Tenant shall comply with water restriction notices when imposed.

Waste

18. The tenant shall make arrangements to remove material from the site that is no longer required for the maintenance or cultivation of the plot to an approved waste handling facility. Manure and compost may be kept in such quantities on a tenants plot as may be reasonably required for use in cultivation of the plot.

19. The tenant shall not have a fire on any Saturday, Sunday or Bank Holiday; but may burn waste material produced on a plot on any other day provided that it does not cause a nuisance or harm to other tenants, or neighbouring residents. The tenant shall extinguish a burning fire and/or any glowing embers before leaving the allotment site.

Dogs, Livestock and Bees

20. The tenant shall not bring, or allow any other person to bring, any dog (with an exception for assistance dogs) onto an allotment plot.

[Special Note: In exceptional circumstances, for a short period of time, a dog may be brought into the site through the entrance gate and then secured to one of the designated points.]

21. The tenant shall not keep any animals or livestock of any kind on the plot.

[Special Note: The Association has approved a limited number of Beehives to be kept on a designated area within the site by for use by members who have completed a nationally recognised bee keeping course.]

Security and general safety

22. The tenant agrees to pay a refundable deposit to the Treasurer or Secretary, for the security key to unlock the two pedestrian access gates. This key remains the property of the association. A lost key will be replaced by the Treasurer or Secretary on payment of a further key deposit charge.

23. The tenant acknowledges that the security key provided by the Association shall be returned to the Treasurer or Secretary when a tenancy is terminated and shall receive a receipt for the refund of the deposit. Failure to return the key may lead to the Association seeking costs from the tenant for replacing all tenants’ keys and the locks for the Site.

24. The tenant is required when leaving or entering the site to maintain security by properly locking the gate that they have used.

25. The tenant is responsible for the behaviour of any other person who is not a member of the association that they admit to the site.

26. The tenant should observe the Actions/Instructions given by the Association to minimise the risk of all persons to personal injury.

Disputes

27. The tenant agrees that any case of dispute between himself/herself and any other occupier of a plot within the site shall be referred to the Management Committee for resolution in accordance with the rules of the association.

Change of Address

28. The tenant agrees to inform the Secretary immediately of any change of his/her address and or contact details.

Termination of Tenancy Agreement

29. The Association as the landlord may terminate the agreement by giving a plot holder 12 months written notice to quit expiring on or before the 6 April or on or after the 29 September in any year. Where: a. the rent is in arrears for 2 months or; b. three months after the commencement of the tenancy the tenant has not complied with the conditions of the tenancy agreement the association may end the tenancy by giving one month’s notice

30. If the tenant shall have been in breach of any of the foregoing clauses or on account of the tenant becoming bankrupt, the tenancy shall thereupon terminate but without prejudice to any right of the Association to claim damages for any such breach or to recover any rent already due but remaining unpaid.

31. The tenancy may be terminated by the tenant by serving on the Association not less than one months' written notice to quit.

32. On the termination of the tenancy, the tenant shall remove any temporary structure erected on the plot and/or any perennial shrub that the tenant has planted unless the Management Committee has confirmed otherwise in writing to tenant. The Association will not pay for any betterment or improvement to the plot made by the tenant and agreed by the Management Committee.

33. Any written notice required by the tenancy shall be sufficiently served if sent by post to or left at the tenants last known address. Any notice to be served by the tenant shall be addressed to the Secretary at the registered address of the Hummersknott Allotments Association Ltd.