Allotment Rules/Tenancy Agreement
1. The Council shall let to the tenant the Allotment Garden situated at Windmill Lane Gosberton and referenced as ……… in the Council’s Allotment Register (‘the Allotment Garden’) outlined in red for identification purposes only on the plan attached.
2. The Council shall let the Allotment Garden to the tenant for a term of one year commencing on the 1st day of April and thereafter from year to year, unless determined in accordance with the terms of this tenancy.
3. The tenant shall pay a yearly rent of £40 (£25 for half plot) whether demanded or not which shall be payable: in full on the 1st day of April and for every year after the first year of the tenancy on the 1st day of April. (note: for tenancies starting at other times of year the Council may agree a pro-rata reduction in the first year’s rent).
4. The tenant shall use the Allotment Garden only for the cultivation of fruit, vegetable and flowers for use and consumption by themselves and their family.
5. The tenant shall not sell or undertake a business in respect of the cultivation and production of fruit, vegetable and flowers in the Allotment Garden.
6. The tenant shall reside within Gosberton (including Risegate and Clough). In exceptional circumstances the Council may allow tenants from the immediately surrounding parishes.
7. During the tenancy, the tenant shall:
a) keep the Allotment Garden clean and in a good state of fertility and cultivation and take responsibility of removal of all rubbish;
b) not cause a nuisance or annoyance to the owners or occupiers of land adjoining the Allotment Gardens and consideration shall be given to other allotment users at all times;
c) not keep livestock or poultry in the Allotment Garden;
d) not bring to or keep animals in the Allotment Garden with the exception of service animals;
e) not assign the tenancy nor sub-let or part with the possession of any part of the Allotment Garden;
f) not construct anything on the allotment except for a single shed not exceeding 2.4m x 1.8m (8’x6’) and polytunnels or fruit cages not exceeding 20% of the area of the allotment. It is the tenant’s responsibility to ensure that any necessary planning permission is obtained before construction;
g) not fence the Allotment Garden without first obtaining the Council’s written consent; use of barbed wire is not permitted;
h) not construct paths or shed bases from any material which is not biodegradable, or which cannot easily be removed at the end of the tenancy;
i) maintain and keep in repair the fences and gates forming part of the Allotment Garden;
j) trim and keep in decent order all hedges and grass paths forming part of the Allotment Garden;
k) not plant any tree, shrub, hedge or bush without first obtaining the Council’s written permission. Only small fruit trees/shrubs are permitted up to a maximum of height of 2m;
l) not cut, lop or fell any tree growing on or around the Allotment Garden without first obtaining the Council’s written consent and if appropriate planning permission (with the exception of seasonal pruning of fruit trees as detailed in k) above);
m) be responsible for ensuring that any person present in the Allotment Garden with or without the tenant’s permission does not suffer personal injury or damage to their property;
n) permit an inspection of the Allotment Garden at all reasonable times by the Council’s employees or agents;
o) not obstruct or permit the obstruction of any of the paths or roads which provide a means of access to and from the Allotment Garden or the Allotment Garden of another tenant;
p) Water is not available on the allotments so permission for water butts is granted;
q) not keep vehicles or caravans on the allotment;
r) Bonfires are only permitted between 1st Oct and 31 March after 9am:
• Make sure the ground and the items to be burnt are dry so as to avoid the fire smoking.
• Always have a hot, quick fire.
• Be considerate to neighbours – do not have a fire when the wind is blowing towards surrounding houses.
• Your fire must be extinguished by sunset.
• Never leave a fire unattended.
• Never leave the allotment site without making sure the fire has been properly extinguished.
• The heap should be moved prior to burning to show consideration for any hibernating wildlife such as hedgehogs.
8. The tenant shall observe additional rules that the Council may make or revise for the regulation and management of the Allotment Garden and other allotment gardens let by the Council.
9. The Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment Garden.
10. The tenancy may be terminated by the Council serving on the tenant not less than twelve months’ written notice to quit expiring on or before the 6th day of April or on or after the 29th day of September in any year.
11. The tenancy may be terminated by the Council by service of one month’s written notice on the tenant if:
a. the rent is in arrears for 40 days or;
b. three months after the commencement of the tenancy the tenant has not observed the rules referred to in clauses 7and 8; or
c. the tenant lives outside Gosberton (including Risegate and Clough) (except in circumstances as detailed in Section 6. above)
12. If the tenant shall have been in breach of any of the foregoing clauses or on account of the tenant becoming bankrupt, the Council may re-enter the Allotment Garden and the tenancy shall thereupon terminate but without prejudice to any right of the Council to claim damages for any such breach or to recover any rent already due before the time of such re-entry but remaining unpaid.
13. The termination of the tenancy by the Council in accordance with clause 12 or after re-entry by the Council in pursuance of its statutory rights, shall not prejudice the tenant’s statutory rights to compensation.
14. The tenancy may be terminated by the tenant by serving on the Council not less than two months’ written notice to quit.
15. On the termination of the tenancy, the tenant shall remove any shed, greenhouse or other building or structure erected in the Allotment Garden unless the Council agrees otherwise which shall be confirmed in writing to tenant.
16. Any written notice required by the tenancy shall be sufficiently served if sent by registered post to or left at the parties’ address. Any notice to be served by the tenant shall be addressed to the Council’s Clerk.