TENANCY AGREEMENT FOR ALLOTMENT GARDENS

(that is plots to 40 poles or 0.101 hectares)

(for domestic cultivation only)

 

 

THIS AGREEMENT made on the                    day of                             20     ,         between the       South Cave Parish Council and of                                                                               (hereinafter called the tenant) by which it is agreed that:

 

1.         The Parish Council shall let to the Tenant for him/her to hold as tenant from year to year the Allotment Garden of the approximate area of                (being part of the Allotment Garden provided by the Parish Council at Cave Gates and numbered               in the Parish Council’s Allotment Register.

 

2.         The tenant shall pay a yearly rent of £           .  The said rent shall be paid in one yearly instalment payment shall be due on the first day of 1st May 2013, after the commencement of the tenancy.

 

3.         The tenancy may be terminated by either party to this Agreement serving on the other not less than twelve month’s written notice to quit expiring on or before the 1st day of May in any year.  The Parish Council is entitled to compensation from the tenant for any deterioration in the land arising from the tenant’s failure to keep it clean and in a good state of fertility.

 

4.         The tenant shall reside within the South Cave Parish during the continuance of the tenancy.

 

5.         The tenant shall during the tenancy carry out the following obligations:

a)         The Allotment Garden shall be kept in a clean, decent and good condition and properly cultivated;

b)         No nuisance or annoyance shall be caused by the tenant to any tenant of any other part of the Allotments Garden provided by the Parish Council;

c)         The tenant shall not hold livestock or poultry of any kind upon the Allotment Garden

d)         No dog shall be brought into or kept in the area of the Allotment Gardens by the tenant or by anyone acting with his authority or approval;

e)         The tenant shall not assign the tenancy or sub-let or part with the possession of any part of the Allotment Garden;

f)          The tenant shall not erect any building or other permanent structure on the Allotment Garden, nor fence the Allotment garden without first obtaining the written consent of the Parish Council; (Sheds to be placed to the South East Corner, shown on map attached, Sheds, Poly Tunnels and Glass Greenhouses not exceeding 10ft x 8 ft, sheds to be constructed of wood only, Green in Colour, Slab and Sand Footing, no concrete permitted) – The tenant shall be responsible for removal of any buildings prior to the expiry of the tenancy.

g)         The tenant shall maintain in decent order all fences and ditches bordering the Allotment Garden and shall keep trim and keep in decent order all hedges forming any boundary of the Allotment Garden;

h)         The tenant shall not without first obtaining the written consent of the Parish Council cut, lop or fell any tree growing on the Allotment Garden;

i)           The tenant shall cultivate the Allotment Garden, and shall use it only for, the production of fruit, vegetable and flowers for domestic consumption by himself and his family;

j)           The tenant shall permit the inspection at all reasonable times of the Allotment Garden by any officer of the Parish Council;

k)         The tenant shall not obstruct or permit the obstruction of any of the paths on the Allotments set out for the use of the tenants of the Allotment Gardens.

 

6.         The Parish Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment Garden.

 

7.         If the tenant shall have been in breach of any of the foregoing provisions of the Tenancy Agreement for a period of one month or longer, the Parish Council may re-enter upon the Allotment Garden and the Tenancy shall thereupon come to an end but without prejudice to any right of the Parish 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.

 

8.                  Any notice required by this Agreement to be given to the Parish Council shall be delivered to or sent by post to the Clerk of the Parish Council and any notice to be given to the tenant shall be treated as sufficiently served if left at or delivered by recorded delivery post at the address at the head of this Agreement.

 

Additional Terms:

 

BONFIRES

 

PLEASE NOTE: ANY VIOLATION OF TIMES OR CONDITIONS WILL LEAD TO TERMINATION OF TENANCY.

South Cave Parish Council will not accept liability for any loss, damage or nuisance caused to other plots or adjacent land or injury caused by bonfires. Any such loss, damage, nuisance or injury caused will be regarded as the responsibility of the person lighting the fire.

 

PERMISSIBLE BURNING TIMES:

 

                                                            1st OCTOBER to 31st MARCH ONLY

 

First Saturday of the Month only: After 12 noon

BONFIRES MUST NOT BE STARTED BEFORE 12noon & MUST BE EXTINGUISHED, IF NOT BURNT OUT, BY DUSK.

 

_ NO MATERIAL OTHER THAN THAT PRODUCED ON YOUR PLOT IS TO BE BURNT.

 

_ ONLY BURN WHEN SUITABLE WEATHER CONDITIONS PERMIT TO AVOID CAUSING A NUISANCE TO LOCAL RESIDENTS.

 

_ ONLY ORGANIC MATTER SUCH AS WOOD, PRUNINGS AND DRY VEGETABLE MATTER TO BE BURNT.

 

_ START YOUR BONFIRE WITH A SMALL PILE, WHEN IT IS VERY HOT ADD MORE MATERIAL TO IT GRADUALLY. WAIT UNTIL THIS HAS VIRTUALLY BURNT, THEN ADD MORE ETC.

 

_ NON-VEGETABLE MATTER SUCH AS PLASTIC, RUBBER, ROOFING FELT OR BITUMEN, CARPET ETC SHALL NOT BE BURNT. FLAMMABLE LIQUIDS SUCH AS OLD SUMP OIL SHALL NOT BE BURNT OR USED TO LIGHT FIRES.

 

_ EXTINGUISH THE BONFIRE BEFORE LEAVING THE SITE - DO NOT LET THE FIRE SMOULDER AFTER YOU HAVE GONE.

 

_ ONLY BURN ON YOUR OWN PLOT, DO NOT LIGHT FIRES FOR OTHERS.

 

_ IN THE EVENT OF A REASONABLE COMPLAINT TO THE PLOTHOLDER FROM ANOTHER TENANT, OR A MEMBER OF THE PUBLIC, WITH REGARD TO A NUISANCE BEING CAUSED THE BONFIRE MUST BE EXTINGUISHED IMMEDIATELY.

 

PLEASE NOTE:

ANY VIOLATION OF TIMES OR CONDITIONS WILL LEAD TO TERMINATION OF TENANCY.

 

TOOLS

 

The Tenant must ensure that tools and other personal equipment are kept safe and secure when not in use and the Tenant acknowledges that the South Cave Parish Council accepts no responsibility for the loss of or damage to such items however caused nor does the South Cave Parish Council accept any responsibility for any injury caused by such items howsoever caused.

 

The Tenant must not leave any tools or other equipment unattended on common pathways or other areas of the Site nor in any other way that may cause accident or injury and must ensure that such tools and other equipment are used carefully and with due regard to the safety of others.

 

PARKING

 

The Tenant shall not park a vehicle anywhere on the Site other than within the defined parking area. No vehicle, trailer or similar equipment is to be left on the Site when the Tenant is not present.

 

 

DECAYING MATTER

 

The Tenant must not allow any decaying matter to remain on the Allotment Garden which may cause a nuisance or annoyance, or deposit any matter in the hedges, ditches or dykes situated in the Site or on land adjacent to the Site.

 

The Tenant is expected to compost all waste material and to maintain the fertility of the soil on their Plot(s).

 

Compost containers not to exceed 1.5 m (4’. 6”) high x 5 m (15’) x 2 m (6’) and must not be made of or contain toxic material.

WEEDS

 

The Tenant will keep the Allotment Garden clean, tidy, fertile and in a good state of cultivation. Cultivated plants should be maintained in active, healthy growth with care being taken to minimise the growth of invasive or alien species, noxious weeds and other species that are subject to legislative control. (NB: 51% must be cultivated and in use)

The tenant will not use the Allotment Garden for any other purpose than as an Allotment Garden as defined in Section 22 of the Allotments Act 1922.

 

REFUSE

 

The Tenant shall not deposit, or allow other persons to deposit, on the allotment garden any refuse or decaying matter (except manure and compost in such quantities as may be required for use in cultivation)or place any matter in the hedges, ditches or dykes situated in the said allotment site or in any adjoining land

 

PONDS AND WELLS

 

Not to make any well or pond on the Plot. A Tenant may keep water butts or other water receptacles on the Plot; however, they must be securely covered.

 

CHILDREN

 

Not to allow children accompanying either the Tenant or a member of the Tenant's family to behave in such a way as to cause nuisance or annoyance to the occupier of any other allotment garden

 

DEATH

 

This Tenancy shall terminate on the death of the Tenant.

 

CHEMICALS

 

Although the Parish Council would like all Tenants to garden organically i.e. not using synthetic fertilisation, pesticides, herbicides or other chemicals, the Tenants should not store or leave chemicals, fertilisers or other herbicides or pesticides on the plot.

 

STORAGE

 

Not to store any goods, vehicles trailers or equipment not applicable to the allotment upkeep.

Only materials compatible with horticultural use may be brought onto the land.

 

NOTICES

 

The Tenant shall not erect any notice or advertising on the allotment gardens and the plot number shall be in view at all times.

 

FIRE ARMS

No fire arms shall be kept or used on any Garden allotment.

 

 

 

Clerk of the South Cave Parish Council                                                                      Tenant

 

 

 

………………………..….…..…….………(Signature)  …………....……....….…..….…….(Signature)