TENANCY AGGREEMENT 2019
GREAT YARMOUTH & GORLESTON ALLOTMENTS ASSOCIATION LTD
Reg Office, 5 Queen Street, Gt Yarmouth NR30 2QP
Reg No: IP08527R
CONDITIONS OF TENANCY 2019
NOW IT IS AGREED as follows
1.1 The Definition of "Allotment" shall mean "allotment garden". The expression "Association" shall mean the "Great Yarmouth and Gorleston Allotment Association Ltd." the landlord and land owner. The expression "Plot holding member" shall mean the person executing an agreement with the Association granting him/her the tenancy of an Allotment subject to the condition contained herein. (See Rule 5.1)
- MEMBERSHIP AND ALLOTMENT
2.1 No plot holding member shall hold more than 20 rods of allotment land under the control of Association. Each plot holding member must declare his or her holding (if any) on any other group of allotments. Failure to do so will jeopardise both tenancies.
2.2 Every plot holding member must be a shareholder and a member of the Association and will comply with the Rules of the Association. A copy of The Rules of the Association will be provided on entry, any further copies requested will be charges for a sum not exceeding the maximum permitted in law.
2.3 No Joint/Shared Tenancy will be accepted.
- TENANCY AND RENT
3.1 The Allotment shall be held on a yearly tenancy at an annual the rent specified in the Annual Agreement and is payable to the Association on the first day of March each year (the Rent Day") and must be paid by the Last day In April each year. FAILURE TO DO SO WILL JEOPARDIZE THE TENANCY. Payment can only be made by either Cheque made Payable to Great Yarmouth & Gorleston Allotment Association and sent to the Treasurer, Standing Order (A form which will need to be completed can be provided by the Treasurer), OR Cash, this will be at a centrally booked area, and will be overseen by Management.
3.2 12 Months' notice of any rent increase will be given by the Association to the plot holder by a notice posted on the site notice board.
3.3 An appropriate water supply fee, the price of a share and an Association fee will, where applicable, be added to the rent charge.
- RATES AND TAXES
4.1 The Association will pay all rates and taxes.
- CULTIVATION AND USE
5.1 The Plot holding member shall use the plot as an Allotment only, wholly or mainly for the production of vegetables, fruit and flower crops for consumption or enjoyment by the plot holder and his/her family and for no other purpose and keep it free of hazards, e.g. broken glass or scrap metal etc. and reasonably free of weeds and noxious plants and in a good state of cultivation and fertility and is good condition.
5.2 The plot holding member shall not carry on any trade or business from the Allotment Site.
5.3 The plot holding member shall have at least 1/4 of the Allotment under cultivation of crops after 3 months and at least 3/4 of the Allotment under cultivation of crops after 12 months and thereafter.
5.4 The maximum amount of the Allotment Garden allowed to be covered by sheds, patio, internal paths etc. is 20%. (Please see Schedule1 – Section 8)
5.5 Where an officer, servant or agent of the Association has inspected the plot and the general condition is not to the satisfaction of the Association a verbal warning will be given to the plot holder and if there is no improvement after 14 days a written 14 day improvement notice will be issued by the Site Secretary thus giving the tenant a period of 28 days to rectify the situation. If the improvements are carried out within the written notice period no further action will be taken, but the notice will stay on record.
- PROHIBITION ON SUBLETTING
6.1 The plot holding member shall not sublet, assign or part with possession of the Allotment or any part thereof (This shall not prohibit another person, authorised by the tenant, from cultivation of the plot for short periods of time when the plot holder is incapacitated by illness or is on holiday, the site representative to be informed of the other person's name).
P2 2019 TENANCY RULES
7.1 The plot holding member must at all times during the tenancy observe and comply fully with all enactments, statuary instruments, local, parochial or other bylaws, orders or regulations affecting the Allotment Site.
7.2 The plot holding member must comply with the conditions of use attached as schedule 1.
7.3 A plot holding member must not cause, permit or suffer any nuisance or annoyance to any other plot holding member or neighbouring resident of the Allotment Site and must always conduct themselves appropriately. You must not harass, intimidate or abuse anybody else on the allotment site. Harassment includes offensive behaviour directed at people because of their Age, Gender, Disability, Sexual orientation, Religion or Belief. Use of bullying, threatening behaviour and any other form of harassment will be reported to the Management Group and may lead to eviction from the Association if proven to be true, within 14 days. If Racial discrimination is proven after investigation, then it will be reported to the police, and a 14-day Notice of eviction will be given.
7.4 The Allotment may not be used for any illegal or immoral purposes and the plot holding member must observe all relevant legislation or codes of practice relating to activities they carry out on the Allotment.
7.5 The plot holding member shall not enter onto any other plot at any time without the express permission of the relevant plot holder.
7.6 Any person who accompanies the plot holder to cultivate or harvest may not at any time enter onto another plot without the express permission of the relevant plot holder. The plot holder is responsible for the actions of children and others entering the Allotment Site with his/her permission.
7.7 No plot holding member or associated member shall interfere with or take the equipment, crops or produce off any other plot without the express permission of that plot holding member.
7.7.1 Nothing should be removed from any Vacant Plot without prior permission of the Site Secretary.
7.8 The Association by any of their officers, servants or agents may re-enter on the allotment and determine the tenancy of any plot holder who is convicted of an offence under the theft act 1968 relating to equipment, goods, crops or produce of any other plot holder.
7.9 Nothing is to be removed from any Vacant Plot without prior permission of the Site Secretary, or General Secretary if there is no Site Secretary.
7.10 No Member should Remove, Modify any official papers, notices placed on Notice Boards or Gates for the Members. Any tampering with these could lead to your eviction.
- TERMINATION OF TENANCY 1
8.1.1 The tenancy of the allotment garden shall terminate
8.1.2 automatically on the rent day, next after the death of the plot holder, or
8.1.3 by either the Association or the plot holder giving the other at least 12 months notice in writing expiring on or before 6th April or on or after 29th September in any year, A Full reason must be presented to the member explaining the reason.
188.8.131.52 by re-entry by the Association after 3 months previous notice in writing to the plot holder on account of the allotment garden being required.
184.108.40.206 for building, mining or any other industrial purpose for roads or sewers necessary in connection with any of those purposes, or
8.1.4 by re-entry by the Association after 1-month previous notice in writing expiring at any time if the plot holder has failed to observe the conditions herein, or
8.1.5 by re-entry by the Association after 28 days previous notice in writing expiring at any time if the plot holder has failed to improve the Allotment to the satisfaction of the Association after the service of a 14 day written improvement notice under 5.5 of this Condition of Tenancy, or if more than two notices of improvement have been issued in the last two years, or
8.1.6 by re-entry if the rent is in arrears.
- TERMINATION OF TENACY 2
9.1 In event of the termination of the tenancy the plot holder shall return to the Association any property (KEYS ETC.) made available during the tenancy and shall leave the plot in a clean tidy condition. If in the opinion of the Association the plot has not been left in a satisfactory condition, any work carried out by the Association to return the plot to a satisfactory condition shall be CHARGED TO THE PLOT HOLDER.
9.2 In event of termination of the tenancy the plot holder will no longer be a member of the Association.
10 CHANGE OF ADDRESS
10.1 The plot holder must immediately inform the Association of any change of address.
CONDITIONS OF USE
P 3 2019 TENANCY RULES
- TREES AND FRUIT BUSHES
1.1 No fruit bush or tree shall be place within one metre of the limit of the plot in any direction.
1.2 Except where trees are listed the plot holder shall cut, prune and maintain all trees to a manageable size to the satisfaction of the Association.
- ROADWAYS, PATHS, HEDGES AND DITCHES
2.1 The speed limit on all Allotment site roadways is 5 mile per hour.
2.2 The plot holding member must keep the group roadway immediately in front of the plot clear of weeds and long grass and in proper condition and must not add any obstacle or debris.
2.3 Shared paths and roadways must be kept clear at all times. Shared paths should be 3ft wide.
2.4 The plot holding member shall keep every hedge that forms part of the boundary of their allotment properly cut and trimmed, all pathways between plots trimmed and well maintained up to the nearest half width by each adjoining plot holder, keep all ditches that form part of the boundary of his/her allotment properly cleansed and maintained and keep in repair any fences that form part of the boundary of his/her allotment. No barbed wire should be used on the boundary fence of a plot.
3.1 The plot holding member shall be issued with a key/code/card to access the allotment site either by car or on foot through the main access gate(s). No replicas are to be made and a returnable deposit is payable before a key or card is issued. No codes shall be passed to anyone other than the person authorised by the plot holding member to work on his/her allotment garden under paragraph 6.1 of the Conditions of Tenancy.
3.2 The key/code/card is to be used only by the plot holding member or an authorised person under paragraph 6.1 of the Conditions of Tenancy.
3.3 The main access gate(s) shall be closed and locked at all times (for the protection of lone plot holders and prevention of unauthorised visitors, the emergency services will be provided with keys) PLEASE ENSURE THAT THE GATE IS LOCKED AT ALL TIME AFTER YOU ENTER AND AFTER YOU LEAVE THE ALLOTMENT SITE.
3.4 Entry to the allotment site by any route other than the main access gate(s) is prohibited.
4.1 Officers, servants or agents of the Association may enter the garden for inspection of the state of cultivation and general conditions of the plot, sheds, greenhouses, poly tunnels, ditches, fences and any livestock.
5.1 The plot holder shall practice sensible water conservation, utilise covered water butts on sheds and other buildings and consider mulching as a water conservation practice.
5.2 No plot holder is allowed the use of a hose from standpipes on allotment land controlled by the Association. The plot holder shall have consideration at all times for other plot holders extracting water from water points.
5.3 FIRES THINK BEFORE YOU BURN
5.4 No Fires and burning of any Waste of Any Nature shall be done during the period from the beginning of July to the End of October.
5.4.1 Burn only garden/plant waste.
5.4.2 Ensure that all garden/plant waste is thoroughly dried before it is burned (green waste emits dark smoke)
5.4.3 DO NOT BURN ANY TREATED TIMBER, PLASTICS OR OTHER MAN-MADE MATERIALS
5.4.4 Have small, contained bonfires only and do not leave unattended.
5.4.5 Do not have a bonfire in windy or wet weather conditions or when there is a fog or sea mist.
5.4.6 Do not have a bonfire when the smoke carried by the wind is likely to cause a nuisance: information on this is posted on individual site notice board(s) and must be adhered to.
5.4.7 Ensure the bonfire is fully extinguished before you leave.
5.5 Where possible please compost your allotment waste.
6.1 The plot holding member shall not bring onto the allotment site a dog unless it is held on a leash and remains on the plot holder's allotment only.
6.2 Any faeces to be removed and disposed of off-site by the plot holder.
P 4 2019 TENANCY RULES
7.1 Except with the prior written consent of the Association the plot holding member shall not keep any animals or livestock on the Allotment except rabbits and hens (no Cockerels) in compliance with the Association "Allotment Poultry Keeping Agreement" to the extent permitted by section 12 Allotments Act 1950. (Such animals will not to be kept for trade or business purposes and accordingly to be limited in numbers as the Association may provide in writing).
7.2 Livestock must be kept so that they are not prejudicial to health or a nuisance and in compliances with national legislation.
- BUILDINGS AND STRUCTURES
8.1 The plot holding member shall not without the written consent of the association erect any internal divisional fencing, building or pond.
All sheds and greenhouses will be temporary structures and shall be placed towards the end of the plot(s). They should not obstruct the light of other allotment gardens. They will not be placed closer than 2ft from the boundary except where the boundary is a ditch where they will not be placed closer than 6ft from the ditch edge.
Up to two sheds can be permitted, the maximum floor area of the shed or sheds is limited to 96 square feet.
One greenhouse only is permitted size not to exceed 12ft x 8ft.
Poultry enclosures shall be entirely constructed of wire netting and not exceed 20 square yards in area.
8.2 Temporary wind breaks are permitted but must not be higher than one metre or obstruct the light of other allotment gardens.
8.3 One poly tunnel of a maximum size of 20ft x 10ft is permitted it must not obstruct the light of other allotment gardens.
8.4 The plot holding member shall keep all sheds, greenhouses, poly tunnels and other structures in good state of repair to the satisfaction of the Association.
8.5 Oil, fuel, lubricants or other inflammable liquids shall not be stored in any shed except in a container with a maximum capacity of 5 litres for use with garden equipment only.
8.6 Any unsightly or dilapidated structure must be removed to request of the site secretary. All structures must be removed by the plot holder before termination of a tenancy. Any structures left by a plot holding member after the termination of a tenancy for whatever cause shall become the property of the Association.
8.7 The Association will not be held responsible for loss by accident, fire, theft or damage from the allotment.
9.1 The plot holding member shall not deposit or allow other persons to deposit on the allotment site any rubbish, refuse or decaying matter (except manure and compost in such quantities as may be reasonably required for use in cultivation) or place any matter in hedges, ditches or dykes in or surrounding the Allotment site.
9.2 All non-compostable waste shall be removed from the allotment site by the plot holding member.
9.3 The plot holding member shall not utilise carpets or underlay as weed suppressant on the Allotment.
9.4 The plot holding member will ensure that his/her plot number is visibly displayed on the Allotments.
10.1 Only commercially available products from garden or horticultural suppliers shall be used for the control of pests, diseases or vegetation.
10.2 When using any permitted products, the plot holder must
10.2.1 take all necessary 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
10.2.2 so far as possible select and use chemicals that will cause the least harm to members of the public and the environment, and
10.2.3 Comply at all times with current regulations on the use and storage of such products.
- CAR PARKING
11.1 Only the plot holding member or persons acting for them shall be permitted to bring motor vehicles onto the site.
11.2 Motor vehicles should be parked on the designated car park and not obstruct the roadways.
11.3 Motor vehicles will give way to pedestrians and cyclists and observe the speed limit.