Allotment Tenancy Agreement
Cherry Willingham Parish Council
Allotment Tenancy Agreement
An Agreement made the ………… day of …………………… 20 ….... between Cherry Willingham Parish Council, 16 High Street, Cherry Willingham, Lincoln, LN3 4AQ
(hereinafter called the Council) and …………………………….…………………………
hereinafter called the Principal Tenant
Address ……………………………………………………………………………………….
……………………………………………………………………….…………………………..
Postcode ………………………………………………………………………………………
Email ………………...…………………………………………………………………………
Telephone ……………………………………………………………………………………..
If there is Secondary Tenant, please give details below
hereinafter called the Secondary Tenant.
Name ………………..…………………………………………………………………………
Address ……………………………………………………………………………………….
……………………………………………………………………….…………………………..
Postcode ………………………………………………………………………………………
Email ………………...…………………………………………………………………………
Telephone ……………………………………………………………………………………..
Number of 10m x 10m plots allocated ……….
The Council agrees to let and the tenant agrees to take the plot(s) on a yearly tenancy from the first day of February 2023 until terminated by mutual agreement provided the Tenant follows the terms of the agreement attached.
The annual rent will be subject to annual review by the council.
The Tenant(s) hereby agree to pay the annual rent of £50 total per plot by 1st January 2023 for the term January 1st 2023 to January 31st 2024. The next payment will be due by 1st February 2024 and in subsequent years payment is to be made by 1st February each year. (The Principal Tenant will be held responsible for all payments and correspondence relating to the allotment.)
Please pay by BACS to the Cherry Willingham Parish Council bank account:
Sort code 40 28 20
Account number 90232378
Please make your reference Allotments followed by your Surname.
We the undersigned agree to the terms and conditions stated in this tenancy agreement.
Principal Tenant sign here …………………………………………………………….
Secondary Tenant sign here…………………………………………………………..
Clerk on behalf of Cherry Willingham Parish Council
………………………………………….…………………………………………………...
Please fill in and sign both copies of page 1 and 2. Keep the copy with the terms and conditions of the tenancy agreement attached and return the separate copy of pages 1 and 2 to the Parish Clerk at the address below.
Cherry Willingham Parish Office. Millennium Hall, 16 High Street, Cherry Willingham, LN3 4AQ. Tel 01522 753398. Email cwparishcouncil@gmail.com
Cherry Willingham Parish Council Allotment Tenancy Agreement
1. Agreement to Let
Cherry Willingham Parish Council ('The Council') agrees to let, and you (‘The Tenant') agree to take on annually renewable tenancy from 1 February 2023.
The full allotment year runs from 1 February to 31 January. If your tenancy starts part way through the year you will only be charged for the part-year up to January 31st.
Agreements will automatically rollover into the next year unless the tenancy has been terminated in accordance with the conditions on termination of tenancies as set out below.
2. Conditions of Letting
Observations of Conditions
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Priority will be given to parishioners of Cherry Willingham
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In signing this agreement, it is confirmed that you, the Tenant, shall be deemed to have read and that you agree to comply with all terms and conditions of the tenancy. The Council retains all rights and powers over the land.
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All temporary visitors and guests to allotment sites, whether as an occasional visitor or as an
allotment helper will also be subject to the same conditions and obligations as the Tenant. It is the Tenant's responsibility to ensure that all guests and visitors abide by the terms of this agreement.
3. Conduct on Allotment Site
Nuisance and Anti-social Behaviour
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Tenants, their guests and any temporary helpers are bound by these conditions. Guests and helpers must be made aware of these conditions.
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All tenants, their guests/helpers are encouraged in every situation to report incidents of physical/verbal/mental abuse either witnessed or experienced directly to the police at the earliest opportunity.
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In addition, tenants are requested to also forward details of any incident, the parties involved (if known) and the official police incident number to the Council at the earliest opportunity so that the matter can be fully investigated and an appropriate course of action can be considered.
Vandalism, Damage and Loss
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Allotment sites ARE NOT secure locations and as such are at strong risk of damage and theft.
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The Council will not be held responsible for any vandalism or damage to a plot or any structures contained within it, nor will it be held responsible for any loss of property arising from theft or break in to an allotment site.
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Tenants are strongly urged NOT to store valuable equipment (such as lawn mowers, strimmers, hedge cutters, rotovators etc.) on an allotment site AT ANY TIME. and to consider taking out their own cover. If the individual plot holders possess a home contents insurance policy they may find this provides personal liability cover for their activities. The Council will not be held responsible for any injury or damage arising from their activities.
Dogs
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The tenant shall ensure that any dog brought onto the allotment site, is accompanied by the owner and is held at all times on a leash. The Tenant shall ensure all dog faeces left by their animal are cleaned up immediately and disposed of correctly.
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Dogs must not, under any circumstances, be allowed to roam freely around an allotment site.
Children on Allotment Sites
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Children are warmly welcomed on allotment sites and their engagement with gardening activities are strongly encouraged. but they must be supervised at all times. Also bear in mind that cars will be moving around the site and there are two ponds for water collection. The taped fence enclosing the horse's fields is electrified .
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Tenants may bring up to two small items of play equipment onto the site to keep children entertained whilst the tenant gardens but these must not be of a permanent nature. All items of play equipment must be removed at the end of the tenancy.
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The following items are NOT PERMITTED on allotment plots under any circumstances:
Large slides, large swings, trampolines, boats, caravans, cars or any large item which could be used as play equipment.
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Tenants risk losing their allotment if they bring onto or fail to remove such items from their plot.
Safety Measures
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All chemicals, pesticides and equipment must be stored securely and kept out of reach of children.
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The Tenant will keep the plot free from hazards of any kind, taking steps to prevent any accidents to any persons entering the plot, whether legally entitled or not.
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The Tenant shall take all reasonable steps to ensure that the Council is not held liable for all claims, charges, losses, damages costs, and expenses arising in connection with, or incidental to, allotment works or any hazards created by the tenant during the tenancy.
BBQ’s
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BBQ’s should be within the tenant’s plot and not in the common areas.
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It is the responsibility of and the liability of the tenant on the plot to ensure BBQ’s are safe and do not endanger others or the property of others.
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BBQ’s should not be left unattended.
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Special care should be taken to ensure the safety of children.
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A bucket of water or similar should be on hand in case the BBQ needs to be extinguished.
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The residual coals need to be disposed of safely.
4. Management and Administration of Your Tenancy
Rent
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Undertaking a tenancy agreement for an allotment plot is a contract between Cherry Willingham Parish Council and yourself. Its terms and undertakings commit you to pay the annual rent. It also commits you to observe the conditions and undertakings contained herein.
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As a Tenant, you are responsible, at all times, for the behaviour of your visitors, including children and pets. Any breach of this agreement by your visitors will be treated as a breach by you.
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Rent is payable annually, in advance by 1 February unless otherwise stated.
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Please note that no refunds will be given, even if a tenancy is terminated part way through the
financial year. -
All invoices must be paid within 40 days of being issued.
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To reduce the costs of printing and postage, where a valid e-mail address is provided (on the
signature section of the agreement), and unless otherwise requested by the tenant, invoices will be issued, by default, to the email address provided rather than sent by post. -
If invoices are issued by e-mail, please ensure Cherry Willingham Parish Council is kept up-to-date with any changes to your email address.
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If you do not wish to have invoices issued by email, please notify the Council as soon as possible.
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The Council shall review rent charges periodically.
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Payment will be by bank transfer.
Sub-Letting
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The tenant must not enter into any agreement (verbal or written) to sub-let, assign or part with possession of the allotment plot or any part of it under any circumstances.
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In the event of a tenant wishing to vacate their plot, they must first inform the council of their intentions. Tenants are not responsible for finding their successor. The Council operates a waiting list and plots can only be allocated by the responsible officer. Plots that are let, promised or allocated in any other way outside this mechanism will be void and have no standing.
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If tenants wish to share an allotment, a joint tenancy must be signed, using a joint tenancy form.
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Formal joint tenancies are to be completed, using the correct form. This will ensure that both signatories to the agreement retain joint ownership of the plot for the term of the agreement.
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If one of the joint tenants wishes to relinquish their share of the plot, the remaining tenant can, if they wish, assume responsibility for the whole plot.
Plot Number
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All plots must display their number clearly and any number boards must not form an obstruction.
Paths and Plot Boundaries
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The tenant must not curtail, shorten, widen, obstruct, or allow to be obstructed any path between plots or Road(s), or encroach on any path or roadway set out by the Council for the use of the occupiers of allotment plots.
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All tenants are required to maintain the pathway between their plots to a minimum width of one metre and the path should be grassed, which the tenant should cut regularly.
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The tenant shall not in any way amend, adjust or interfere with any plot boundaries. If there is any dispute about the plot boundary, the tenant must inform the council in writing. The Council will investigate and their decision in the matter is final.
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There are four corner posts on each plot to define the plot area. If you are putting in a fence that needs more substantial posts then you can replace the small corner post with them. N.B. these posts will need to remain if you terminate your tenancy.
Double plot fencing
Double plot holders are permitted to fence in both plots but retain the 1 Metre grass dividing strips.
Plots should be cultivated to your plot boundary. No waste should be placed on the grass dividing strips.
Advertisements
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The tenant must not erect any notices or advertisements on the allotment plot.
Inspection and entry to the plots .
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Any agent or officer of the council shall be entitled to enter and inspect the allotment garden at any time and without prior notice.
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In situations where an inspection or site works risk having an immediate physical impact on a plot, the council will take all reasonable measures to contact the tenant in advance of the inspection/works starting unless it is a genuine emergency.
Disputes
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In the case of a dispute related to tenancy between a tenant and any other allotment holder, the Council encourages all parties to seek to resolve the dispute amicably.
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If this cannot be achieved within a reasonable time, the matter may be referred to the Council, whose decision in the matter shall be final.
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The council will not get involved in disputes of a personal or private nature unless behaviour breaches the rules of conduct, nuisance and antisocial behaviour above.
Change of address
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The tenant must notify us of any change of address within one month of such change.
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If the council does not receive notification from the tenant, and any correspondence to the tenant’s former address is returned undelivered or no responses is received from the tenant, the Council may terminate the allotment tenancy by serving a notice to quit and will seek to recover any associated clearance costs back to the former tenant.
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The council will consider alternative reasonable steps to contact the tenant where their contact details are found to be incorrect. The extent of these shall be at the council’s discretion.
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If the tenant moves to an address outside the Parish boundary the tenancy of the plot may be terminated unless prior approval has been obtained from the council.
Access and security
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The tenant shall not compromise the security of an allotment site by entering the site other than by the proper roads, paths and gates, or by creating alternative access to the site.
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Entrance gates, where provided, must be kept closed and locked at all times after entering and leaving the site. Gates must not be locked or chained in such a way that it makes it impossible for other tenants to secure reasonable access.
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The tenant must not change, substitute or tamper with any council authorised lock, or add an unauthorised lock or fastening device to the site gates. Where locks are damaged or broken, the tenant must inform the council as soon as possible.
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Access codes must not be given to other people excluding co tenants without prior permission of the council and any site visitors or non-tenants must not visit the site unsupervised.
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When locking the gate make sure the coded padlock is through the hole in the latch that prevents the gate being opened. Put the padlock in so the numbers are showing as to is very difficult to unlock if the numbers are facing down. Note, that the coded padlock has a button at the base that needs to be pressed once you have the numbers lined up, it will then release. Also don’t forget to spin the numbers when you have locked up.
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You should close and lock the gate once you are inside and close and lock it behind you when you leave. If you find it still open, lock it behind you.
5. Using your allotment plot
Use
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The tenant must use the allotment gardens solely as an allotment garden and for no other purpose, this means, the allotment plot must be wholly or mainly cultivated by the tenant for the production of vegetables or fruit crops.
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In addition to this, flowers may be grown if desired and a small number of chickens are allowed see section 6 Livestock.
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Bees are permitted if prior approval is sought.
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The tenant may sell or otherwise dispose of genuine surplus produce, away from the allotment site. No selling on site.
Cultivation
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The tenant must keep the allotment garden productive, ensuring that the overall condition of the plot does not cause undue annoyance or interference with other allotment site tenants or visitors.
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In assuming responsibility for an allotment plot you commit to actively keeping your plot and any pathway, hedges etc that border the plot clean and reasonably free from weeds and in a safe condition. You must not allow your plot to become overgrown. If you do, you risk losing your plot.
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75% of the plot must be cultivated or put into a suitable use or covered with suitable approved weed suppressant within 12 months of starting the tenancy agreement.
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Weed suppressant must be of a stable material which will not break down and contaminate the land.
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The use of rubber back carpet or carpets made from synthetic materials is not permitted under any circumstances. Black plastic/horticultural membrane material is permitted.
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The tenant must not plant or otherwise cultivate any plant which is contrary to the laws of England, and shall eradicate any injurious weeds (in accordance with the weeds act 1959, and any subsequent legislation). This includes, but is not limited to, giant hogweed, rag wort, Japanese Knotweed, Himalayan Balsam, Rhododendron Ponticum, New Zealand Pygmy Weed etc.
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The tenant must not under any circumstances, propagate, grow a permit to grow any substances which are deemed hazardous to health. This includes any substances listed by the police on the current or future legislation relating to class A, B or C drugs, or any similar narcotics, opiates etc.
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The council will be entitled to claim for compensation from a tenant who, upon termination leaves a plot in a condition that cannot be let to a new tenant without additional work being undertaken by the council.
Fences and hedges
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Wire fencing is permitted and encouraged. Larch lap trellis fence panels, solid metal/wood is not permitted. All parts of a plot and their content should be easily and clearly in view and not obscured by fencing. Fences shall be no higher than 4 feet high.
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Fences or gates on the allotment plot must be maintained and kept in good repair.
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Barbed wire or razor wire, or any similar forms potentially of injurious fencing must not be used anywhere on or around the allotment plot.
Long term crops
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Tenants may grow the normal range of fruit, vegetables and flowers on the plot and must agree with the following restrictions:
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Not to grow trees (except fruit trees), which must be trained and maintained below 2.8 m in height).
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Tenants will be required to remove any plants on their plot (at their own expense) at the end of the tenancy unless:
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They are Fruit trees, if established according to the conditions above.
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Or the council has given special written dispensation to permit a plant or plants to remain on a plot following its vacation by the tenant (this may apply to trees or long-term crops).
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Tenants are also required to write to the council at the end of the tenancy, listing any additional plants and structures they wish to leave on the plot. The council will decide whether to accept or reject such an application. If rejected the tenant is responsible for the removal of plants/structures, before vacating the plot, at their own expense.
Cutting and pruning
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The tenant will be responsible for the care and safe maintenance of all trees, bushes, shrubs and hedges on their plot.
Minerals
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The tenant shall not in the end, under any circumstances, take out or carry away any soil, mineral, gravel, sand, turf or clay from their plot, or allow any other person to do so.
Refuse
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Allotment plot should, as far as possible, be kept free from excesses of wood, scrap metal, plastics and other materials.
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Tenants should remove all waste from the site unless compostable.
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Items, including, but not limited to fridges, chest freezers, cookers, car wheels, tires, general scrap metal, oils, plastic packaging, or any other items that might be considered to be refuse must not be brought onto an allotment site under any circumstances.
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Plots must not be used to store, in the short or long-term, excesses of these scrap materials. The council reserves the right to enforce removal of such items, without notice, if these are felt in the opinion of the council, to be excessive, dangerous or against the general ethos of allotment gardening.
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It will be the tenant’s responsibility to remove, if instructed by an officer or agent of the council, any such items or accumulations from their plot at their own expense. They should be taken off the site and disposed of correctly at the nearest civic community site.
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The tenant shall not cause increases in litter, refuse or other rubbish either on their plot or in the surrounding area.
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The tenant shall not deposit or permit to be deposited on the allotment plot, any refuse or decaying matter (except manure, compost or other organic materials maintained in the interest of improving the allotment, i.e. leaf mould and bark chippings).
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These materials, if deposited, shall only be held in such quantities as may reasonably be required for the use in the cultivation of their plot.
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The tenant will not place any refuse or materials for disposal on any adjoining plots, or elsewhere on the site.
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The tenants shall not under any circumstances bring into the allotment plot any rubbish for the purposes of disposal. Any non-recyclable items should be taken to the local civic amenities site.
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The council will be entitled to claim compensation from a tenant who, from termination, leaves a plot in a condition that cannot be let to a new tenant without additional clearance or rectification work being undertaken by the council. The council retains the right to take legal action through the courts in response to fly tipping on allotment plots/sites.
Composting
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The council actively encourages the composting of all green waste on allotment plots.
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Tenants may use plastic compost bins or construct their own compost containers. Please be aware that compost heaps can attract vermin such as mice or rats.
Vermin
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Allotment sites are attractive to a wide range of vermin and pests including, but not limited to mice, rats, foxes, flies etc.
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Tenants who keep livestock are particularly vulnerable to infestations from time to time.
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Infestations of vermin have a huge impact upon other tenants and can cause the loss of crops or significant damage to structure and produce.
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All tenants are responsible for keeping their plots clear of food rubbish, scrap metal or any items that vermin may eat, under which they make shelter or breed.
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Tenants must be extremely vigilant at all times and, upon spotting vermin or signs of vermin on or near their plot, take action to eradicate this as soon as possible.
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The council is unable to issue any forms of chemical controls to address vermin problems.
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Any chemicals used by tenants to control vermin must be securely and safely stored, must be out of the reach of children, must be used in accordance with the manufacturers instructions and must be used on their plot only.
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Tenants must clearly display signs stating that poisons have been used on their plot and discourage dogs or other domestic animals from entering their plot whilst chemical control measures are in place.
Chemicals/Pesticides
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If using chemicals and pesticides it is the tenants or responsibility to ensure any chemicals and or pesticides are applied in accordance with the manufacturer’s guidelines and the approved products.
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Any chemicals and pesticides must be stored in compliance with the Control of substances hazardous to health (COSHH) and other current legislation and in appropriate containers in locked sheds.
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When using sprays of fertilisers, the tenant will, prior to applying the material, take all reasonable care not to affect adjacent plots, members of the public and wildlife.
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Extreme care must be taken not to introduce chemical/weed killers directly or by wind carried over spraying into neighbouring plots.
Tenants are required to make themselves aware of and adhere to Lincolnshire Fire and Rescue advice to refrain from storing any volatile compostable fuels on the allotment plot, or elsewhere on the site. Appropriate guidance can be found at:
http://www.hse.gov.uk/fireandexplosiion/dsear-regulations.htm
http://www.hse.gov.uk/fireandexplosion/petroleum.htm
Water supply
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Water is not provided but tenants are encouraged to collect their own using covered water butts not open tanks.
Bonfires
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Bonfires are not permitted.
Rainwater, ponds and water butts.
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The council actively encourages and welcomes the collection of rainwater on all allotment sites. It further encourages tenants to invest in increasing rainwater collection systems on their plots.
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The development and construction of ponds for the keeping of fish is not permitted.
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The tenant must keep all water butts and other water receptacles on the plot clean and securely covered to avoid contamination of the stored water when unattended.
Parking
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All vehicles should be parked in the car park and roadside parking is not permitted. You are permitted to take a vehicle down to your plot to unload heavy materials but please be aware of ground conditions and avoid if the paths are wet/muddy. Vehicles must be returned to the car park and not left adjacent to your plot after unloading.
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Please only park on the roadway to either entrance gate.whilst opening or closing the locked gates. N.B. the tenants to the horse grazing are allowed to park in front of their access gate.
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Please try to park reasonably close to each other to maximise parking on the hard standing. A grass overflow parking area is provided.
6. Livestock – keeping animals and birds on your plot
Livestock
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The tenant must not keep any animal or livestock of any kind on the allotment except female chickens and must seek permission from the council to do so.
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We would recommend any tenant who is considering keeping hens, keeps no more than is needed for their own personal use. As a guide, a point-of-lay hen might lay up to five eggs in any week, so the average family would require no more than 2 or 3 hens.
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Tenants who are permitted to keep livestock must adhere to the following instructions from the council.
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All hens brought on site should be vaccinated.
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The maximum number of hens permitted is 5 and minimum 2
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A fully enclosed henhouse should be provided with size 4 feet x 3 feet per hen.
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(The henhouse should be predator proof and should be provided with clean dry bedding material e.g. straw to absorb moisture and odour.
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They must also adhere to RSPCA and/or DEFRA (or successor body) in respect of animal welfare issues
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Authorised animal health personnel are permitted to enter the site and inspect the animals at any time, without prior warning and take any necessary important action.
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Tenants who wilfully disregard these instructions will be referred to the RSPCA who may choose to take enforcement/corrective action to remove livestock from the plot. Such action, if taken, will mean the tenant shall not be entitled to any form of compensation for this loss.
Keeping of bees
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The keeping of these is permitted if the tenant has sought and received the express written consent of the council before any bees are brought onto the site.
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The council will consider all such requests with regard to the potential effects on neighbouring properties on the expressed views of other tenants.
7. Structures-sheds, greenhouses and polytunnels
Sheds
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Tenants may erect one shed only maximum size 8' x 6’. Sheds must not exceed 8’ in height.'
Poly tunnels
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Polytunnels may be erected but no poly tunnel may exceed 25% of the total size of the plot. Polytunnels must not exceed 8’ in height.
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Greenhouses
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Greenhouses may be erected but should only use polycarbonate not glass and must not exceed 8’ x 6’
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You may have all three.
Caravans tents and other structures
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Caravan/tents or any form of temporary dwelling or structure are not permitted on the allotment plots or car park.
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The tenant will be fully responsible for the safety and security of their plot and any associated structures upon it when the plot was taken on. The council cannot be held responsible for any damage or loss however caused.
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The tenant shall not be entitled to any compensation in respect of damage to a structure erected by them or inherited at the start of the tenancy.
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The tenant shall not use any shed, greenhouse, building or other structures as sleeping accommodation for residential type purposes.
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On termination of tenancy the outgoing tenant must remove all structures and their contents completely from the site.
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Where a tenant wishes to transfer responsibility for a structure to a new tenant, then a structure may be left on the site at the council’s discretion. The council will ordinarily allow structures to remain provided that they are in reasonable condition, of sound construction and contain no hazardous materials.
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Failure to remove a structure that is not exempt will result in the council removing and destroying the structure and its contents.
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Any charges incurred by the council will be recharged to the outgoing tenant.
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Asbestos
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Asbestos-containing materials are forbidden on all sites at all times and must not be used, in part or whole, for creating any type of structure.
8.Termination of tenancy
Termination by the council
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The tenancy of an allotment garden shall continue until terminated. In addition to any clauses contained in the above text, it can be terminated in any of the following manners or events:
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if the rent or any part is in arrears for at least 40 days, whether legally demanded or not.
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If it appears to the council that there has been a breach of the conditions and agreements on the part of the tenant.
Allotment appropriation
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The council may require at any time, the tenant to vacate the allotment plot by giving three calendar months notice in writing on account of the allotment garden being required for:
Any purpose other than the use of agriculture/horticulture, for which has been appropriated under any statutory provision.
Building, mining, or other industrial purpose, or for roads or sewers necessary in connection with any of those purposes.
Death
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The tenancy of the allotment shall terminate on the death of the tenant.
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The tenancy will not under any circumstances, automatically transfer to a next of kin or helper who has not completed a joint tenancy agreement.
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In the event of a tenant’s death, the council will work with the immediate family to ensure all items are removed from the plot before the plot is re-let. There will be no cost to the tenant’s immediate family if a plot requires clearing at the time of the tenant’s death.
By notice
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The council may require the tenant to vacate the allotment plot by:
Giving 12 calendar months notice in writing to the tenant expiring on or before first of February in any year.
Change of address
If the tenant moves to an address outside the parish boundary, and prior approval has not been obtained from the council, the tenancy of the plot may be terminated by the council giving one month's notice in writing.
Growth of illegal substances
The council reserves the right to terminate the tenancy immediately if it is proven that illegal substances (as determined by the legislation at the time of the events) are being grown on the plot.
In such circumstances the tenant forfeits all rights accorded to allotment holders through this agreement. They will be unable to apply for an allotment for a period of two years from the date of termination.
Termination by the tenant
Tenants may give up the allotment plot by giving a minimum one calendar month's notice in writing to the council. Fees for a full year remain payable and there will be no refund for the part of the year that remains unused.
9. Notices
Notes and written correspondence
By the council
Any notice of written correspondence given by the council to the tenant shall be in writing, typescript or printed.
It may be sent by post or email to the last known postal or email address, hand-delivered to the last known address or by fixing it to a conspicuous place on the allotment plot.
By the tenant
Any notice or written correspondence from the tenant to the council shall be sufficiently given if signed by the tenant and sent by whatever means to the Parish Clerk/RFO.
Such communication should include a tenant's full name (printed), a current address, telephone number, allotment plot number and, where possible, an email address.
Where signature is required, then all correspondence must be by hardcopy where this is not essential, then email communications are acceptable.
It is acceptable to deliver the correspondence by hand to the Parish Office, Millennium Hall, 16 High Street Cherry Willingham, Lincoln LN3 4AQ
10. Yielding up
The tenant shall, upon the termination of the tenancy, leave the allotment/s in a clean and tidy state reasonably free from weeds and all personal belongings shall be removed (including sheds and structures unless otherwise agreed by the council). The tenant shall also, where appropriate, level the plot to the satisfaction of the council.
The council will be entitled to claim compensation from a tenant who leaves the plot in a condition that cannot be let to a new tenant without additional work being undertaken by the council. This will cover the cost of any reinstatement required.
The council retains the right to take legal action through the courts in response to fly tipping.
11. Social Media
Whatsapp Group
A Whatsapp group has been set up by the allotment holders. Two Councillors are members of the group to monitor it. If you wish to join please contact the Parish Clerk who will put you in touch with the administrator. Any issues, problems or complaints about allotments should be sent to the Parish Clerk via email or telephone and not via this group.
12. Other
Other relevant clauses
Where the expression ‘The Tenant’ consists of more than one person, the obligations on such persons will be jointly, severally and equally applied.
The tenant shall fully reimburse the council for any expenses incurred by the council as a result of any breaches of the tenancy agreement.
Council reserves the right to terminate the agreement with immediate effect for what they consider inappropriate behaviour on the allotment garden or inappropriate/unacceptable use of the allotment plot for illegal or non-gardening activities. The tenant has a right of appeal to the council within one calendar month from the date of the termination letter in such cases. The council’s decision in such matters is final.
From time to time, the council may add additional or amend existing rules as are necessary to maintain the infrastructure and integrity of the allotment management. In such cases all tenants will be written to, at the address held by the council, to explain the changes to be enacted.
The tenant must at all times during the tenancy, observe and comply fully with all enactment statutory instruments, local, parochial or other bylaws, orders or regulations affecting the allotment.
By signing this agreement, the tenant agrees that the Parish Council can keep their details for the purpose of managing the allotments.
The Council will hope to set up a tenant association in the near future; it is expected that all tenants will join.
Reminder
If you no longer wish to continue with your plot and wish to relinquish it, please let us know as soon as possible.
Please ensure that your plot is left clean and tidy.
Please discuss with us if you wish to leave any structures on your plot for the incoming tenant.
Agreement ends