PAIGNTON HOME GARDEN & ALLOTMENT SOCIETY

TENANCY AGREEMENT 

AN AGREEMENT on 1 April 2018 between the Paignton Home Garden & Allotment Society (hereinafter called ‘The Society’) and **NAME** (hereinafter called ‘The Tenant’).

WHEREBY IT IS AGREED UPON AS FOLLOWS:

1. The Tenant shall pay a yearly rent as determined at the previous Annual General Meeting (AGM) of the Society.
2. All rents are due on 1st April. Plotholders whose rent is 40 days in arrears the last will be terminated.
3. The Tenant, on paying rent in full, automatically becomes an Associate Member of the Paignton Home Garden & Allotment Society.
4. The Society shall let and the Tenant shall take the premises of an allotment garden as detailed on page 4 of this Agreement, for a period of 12 months, subject to compliance with the terms of the Agreement, the exception being all new plotholders who shall undertake a two month probationary period. They shall have to make sufficient impact on their allotment plot and show adequate interest within that period for the full 12 month tenancy to be offered.
5. The Tenant agrees to pay rent to the Society on the 1st Day of April every year the Tenancy is renewed.
6. If a tenancy is granted with the commencing date between 1st April and 30th September the full yearly rate shall be payable and if the tenancy is granted between 1 October and 31st March, the rent payable shall be half the yearly rent.

 
THE TENANT AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
 
(A) USE AND CONDITION OF THE ALLOTMENT GARDEN

1. To use the allotment garden as an allotment or leisure garden only, within the meaning of Section 22 of the Allotments Act 1922 and not to use it for trade or business of any description.
2. To keep the allotment garden in a good state of cultivation, free from weed, overgrowth or other items (including hedging) that will interfere with neighbouring plots or that can be deemed untidy or a risk to health and safety.  The allotment garden shall be properly cultivated and kept in a reasonable condition to the satisfaction of the Society.  Properly cultivated means two thirds under cultivation at all times and the remaining one third kept free from weeds, except in the first year of the tenancy where an overgrown plot is being brought back into use.  To keep any path adjoining the allotment garden in good condition and repair and free from obstruction by unsightly items or items that may be a risk to health and safety.  These paths must be kept reasonably free from weeds provided always that where a path is bounded by two or more allotment gardens the responsibility for maintenance of that pathway shall be borne equally by all those tenants.
3. In the event of unforeseen circumstances where maintenance of the allotment garden is becoming difficult, the Tenant or interested party MUST contact the Society or its site Representative from whom, if necessary, assistance can be offered so that the allotment garden does not become overgrown.  No allotment garden can be left to become overgrown, for health reasons, as assistance is available for the benefit of the Tenant and other plotholders.
4. A section of the allotment garden of not more than 20% may be used for the encouragement of wildlife, upon the written consent of the Society or its Site Representative, whose decision shall be final.  This is on the proviso that the Tenant can prove the types of wildlife he/she wishes to attract.  The tenant must also abide by the guidelines and direction of the Society Wildlife Officer or its ‘Wildlife on Allotments’ document and shall not permit seeds or overgrowth to encroach onto other plots.  Overgrowth for no reason, non-use or no intended use of a plot shall not be permitted under any circumstances.
5. Not to use an area of the allotment garden exceeding 25% for the cultivation of cut flowers without prior written consent of the Society, whose decision shall be final and not to grow such cut flowers for commercial gain.
6. Construction of buildings, structures, erections, notices or advertisement of any description will not be permitted without the written authorisation of the Society or its Site Representative.  Full details of such items must be given to the Society or its Site Representative in order for the Society to obtain any necessary prior written consent of Torbay Council.  No alterations to be made or erected to any border, fence or hedgerows for the purpose of control and maintenance are permitted.  No alterations or additions shall be made to any water bearing pipe work or tanks without the written consent of the Society.
7. Hens, ducks and pigeons may be kept upon the allotment garden as long as suitable housing and living space are provided, also that the said livestock is kept in good health, that they do not interfere with neighbouring tenants and nearby residents and following the issuing of a livestock licence letter by the Society’s Wildlife/Animal Welfare Officer.  Flouting of any animal welfare regulation by the Tenant shall result in his/her Livestock Licence being withdrawn and notice given to remove livestock from the allotment garden.
8. Bees may only be kept under conditions imposed by the Society on the beekeeping plot, which shall include the provision of proof that the Tenant is competent at keeping bees and has not less than five years experience in this and that documentary evidence shall be provided to the Society that the Tenant holds current Third Party and Public Liability insurance cover in an amount of not less than FIVE MILLION POUNDS (£5,000,000).
9. When using any sprays or fertilisers the Tenant must:
   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
   2. So far as is 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 or other wildlife (other than vermin or pests); and
   3. Comply at all times with current regulations and manufacturers guidelines.
10. Not without the prior written consent of the Society to cut or prune any timber or other trees or take, sell or carry away any mineral, gravel, sand or clay from the allotment garden.
11. Any dog brought upon the allotment garden by the Tenant should be kept on a lead and remain present on the Tenant’s allotment garden, except when entering/leaving that allotment garden.
12. To at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local, parochial or other bylaws, orders or regulations affecting the allotment garden.
13. The allotment garden is not to be used for the disposal or burning of business or commercial waste or domestic items.  No commercial waste either compostable or non-compostable shall be brought onto the Tenant’s allotment plot.  The Tenant’s compostable household and green waste shall be permitted.
14. To compost and utilise the Society’s allotment community compost scheme (where available).
15. Bonfires will not be permitted when or where they are likely to cause nuisance to other plotholders or neighbouring properties.  Bonfires shall only be permitted after 7pm between 1st May and 31st August and after 4pm between 1st September and 30th April.  No plastics or materials omitting toxic fumes or deposits are to be burnt.
16. Not to deposit or allow other persons to deposit on the allotment any refuse, non-biodegradable matter or decaying matter, except manure or compost in such quantities as may be reasonably required for cultivation, or place any matter in the hedges, ditches or dykes in the allotment field.  Any such items accumulated through occupancy of the allotment garden must be removed by the Tenant and not allowed to accumulate in any part of the allotment garden or its building.
17. The allotment shall be inspected by committee members on a regular basis and ‘dirty plot’ notices issued for any breach of this agreement.  Tenants shall only be permitted three dirty plot notices throughout the entirety of their 12 month tenancy agreement.  In effect, this will mean that a tenant may receive three dirty plot notices and be permitted to tidy their plots to a reasonable standard before their tenancy agreement is terminated.

 
(B) ACCESS AND SECURITY

1. To permit any members of the Society’s Committee or its Site Representative to enter and inspect the allotment garden at all reasonable times.  Also, to allow access upon the allotment garden to Officers of Torbay Council (including appointed agents or contractors) for the purpose of plot inspections, maintenance or improvement work at all reasonable times.
2. Entrance gates where provided must be kept closed and locked after entering or leaving the allotment field.
3. A deposit of £5.00 will be charged per key.  Tenants with more than one allotment plot will be issued with one key only.  The deposit shall be refundable upon return of the key to the Society and shall remain the property of the Society.
4. The Tenant’s key will not be used to re-cut an additional key for any reason.
5. Loss of the key by the Tenant will be deemed a serious issue and a replacement key will be made available at a cost of £10.00 plus £5.00 deposit.  If the lost key is found it is to be returned to the Society, whereupon the Tenant shall be refunded the sum of £5.00.
6. A Co-worker assigned to the Tenant’s plot may use the Tenant’s allotment key but must first inform the Society of his or her address so that he/she may become a member of The Society at a charge of £10.00 per annum for reasons of insurance cover.
7. A second key can be made available to a Co-worker in exceptional circumstances, with a deposit of £5.00, which is refundable upon its return to the Society.
8. For reasons of security, and for continued insurance cover and so that the Society is able to monitor who is on the allotment sites, the allotment key must be treated as the Tenant’s sole responsibility and on no account is it to be given to any third party without informing The Society of the name and contact number of that person.
9. Upon the expiration or sooner determination of this tenancy, the key to the access gate shall be returned to the Society and the deposit of £5.00 refunded to the Tenant.

 
(C)  INSURANCE AND ASSOCIATION MATTERS

1. In accordance with the requirements of the National Allotment Society (NAS), each Tenant agrees that his/her name and address may be disclosed to the NAS.  NAS have confirmed that this information will remain confidential and will not be shared or otherwise disclosed to third parties.
2. The Tenant to report to the Society at the earliest opportunity any damage to his/her allotment garden or any communal areas on the site, this to include damage or maintenance work required to signage, fencing, taps and the water supply.  All dangerous trees or objects to be reported to the Society at the earliest opportunity.
3. Plotholders should be aware that sheds and their contents are not covered against theft or damage under the Society’s insurance policy for the allotment fields and that there is a risk of theft, vandalism or storm damage.  Tenants with house, buildings and contents insurance are often covered for thefts from allotment sheds, provided there is evidence of forced entry and a Police Report Number is obtained.
4. Children must be kept under control at all times.  Allotment gardens, hauling ways and ponds can be dangerous places.  The Society cannot accept responsibility if children are injured through no-compliance with this requirement.
5. An allotment holder owes a duty of care to persons, whether legitimately on their allotments or not, and to other persons’ property as part of Health & Safety legislation, and failure to do so may be established in law as negligence.

 
(D)   ALIENATION AND SHARING OF ALLOTMENT GARDEN

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

Notwithstanding Clause (D)1 above, however:

1. A plotholder can have designated Co-workers assigned to his/her allotment garden to aid him/her in plot cultivation.  However, where a Co-worker and shared tenancy is required this can only become operable after the Tenant has obtained the authority of the Society, in writing.
2. Family members of an allotment garden tenant will be deemed as Co-workers to their plot and the Society shall be informed of the names to be added to the plotholder’s Tenancy Agreement .
3. No Co-worker is to be assigned to more than two allotment plots.
4. In the instance of death of a Tenant the allotment garden shall be offered to a member of the Tenant’s family or any person that has genuinely helped maintain the allotment garden for the Tenant during ill-health for a period of time, subject to the Society’s approval, whose decision shall be final.

(E) NOTICE AND TERMINATION

1. The Tenant may relinquish the tenancy by giving not less than six weeks notice in writing to the Society.
2. Upon relinquishing of the tenancy the Tenant must leave the allotment garden in a clean and tidy condition, with removal of any structure as requested by the Society.  All rubbish must be removed and the allotment garden left in such a state and condition whereby it is easily workable by an ingoing Tenant.
3. The Society reserves the right in the circumstances of non-compliance with Clause (E)2 above by the Tenant to carry out any works necessary to leave the allotment garden in a suitable condition after giving four weeks written notice to the Tenant and in these circumstances the Society shall be entitled to re-charge the outgoing Tenant its reasonable costs in ensuring compliance with Clause (E)2.
4. The Society may determine the tenancy on the giving of not less than twelve months written notice in the first or any subsequent year of the tenancy, such notice expiring on 6 April or 29 September in any year.
5. If any rent is unpaid for a period of forty days after becoming due or if the Tenant is in breach of any term or condition of the tenancy, then the Society reserves the right to give one month’s notice in writing to terminate this Tenancy Agreement.
6. If the Society is served with three months notice in writing of re-entry by the Council as Head Landlord on account of the allotment garden being required for building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes or for any statutory purpose of the Council, then the Society shall likewise serve three months notice in writing upon the Tenant and at the expiration of such notice the tenancy will determine absolutely.

 
(F)  OTHER MATTERS

1. Nothing in this lease is intended to confer any benefit on any person who is not a party to it.       
2. The Tenant acknowledges that by entering into this lease he/she is not relying upon and shall have no remedy in respect of any statement or representation made by or on behalf of the Society.
3. The Tenant will notify any change of address or other contact details to the Secretary of the Society.  ( [email protected] )
4. Any acts of gross misconduct, such as violence, severe threats of violence, theft or discrimination or harassment of any description shall result in the tenancy being terminated in accordance with the provision of E5 above.

1. The Society may, upon the majority of its Members agreeing such changes at an AGM, and following consultation with Torbay Council, make additions or changes to this Tenancy Agreement, to take effect on 1 April following the AGM.