Horfield and District Allotments Association

Tenancy Agreement

HORFIELD & DISTRICT ALLOTMENTS ASSOCIATION LIMITED

Company  number 4672027

 

Company Secretary – Brian Styles, 14 Stadium Road, Golden Hill, Bristol, BS6 7YE

                                                           

TENANCY AGREEMENT

 

THIS AGREEMENT is made between Horfield & District Allotments Association Ltd (hereinafter called the Association) and incorporates rules and conditions required by Bristol City Council

and (name of Tenant/ Member) ……………………………………………………………………………

of  (address of Tenant/Member)    ...…………………………………………………………………………

                                   .…………………………………………………………………………..

1.      Allotment gardening is a leisure pursuit, and gardeners keeping the Rules of this Association have the right to quietly enjoy their leisure.

2.      An allotment or any portion of it shall not be sub-let except to a Member of the Association, and with the prior consent of the Committee.

3.      The allotment shall be used for growing vegetables, fruit or flowers, according to the terms of the lease signed between Bristol City Council and the Horfield and District Allotments Association. The allotment garden cannot be used for any trade or business whatsoever.

4.      Entrance gates where provided must be kept closed and locked where required after entering or leaving the site.

5.      The land shall be properly cultivated and kept in good condition to the satisfaction of the Committee.  Members not cultivating to the satisfaction of the Committee will be liable to have their Tenancies terminated. Properly cultivated means two thirds under cultivation at all times and the remaining third kept free from weeds.

6.      The Committee shall have power to call on any Member in writing whose allotment is in a neglected condition to remedy the same to their satisfaction within fourteen days, failing which they may themselves take action and charge the Member with any cost incurred, in addition to taking action under Clause 5 above.

7.      Members shall keep the hedge cut on the inside of their own allotment, and shall keep in good condition the footpath on the side of their Allotment, and the part of the footpath or road at the ends of their allotment. They shall also keep clear any drainage channels, and remove at once any manure etc. deposited on the road or path.

8.      Paths at the side of each allotment shall be kept 18” wide, 9” being contributed by each plot. Plots must be cultivated level with all the paths.

9.      Members must not deposit weeds or rubbish on any part of the allotment site unless in a compost heap and must not obstruct any path or haulingway.

10.    Members shall not trespass upon other allotments but, where an allotment holder has not direct access to a road, he or she shall be allowed the use of any path leading to his allotment.

11.    Dogs are not allowed on the land except on a leash.  

12.    Members must not cause, nor permit to be caused, any nuisance or unacceptable behaviour to the occupiers of neighbouring allotments or properties. Radios or players must not be played loudly. All complaints made by Members against fellow Members must be made in writing to the Secretary and will be dealt with by the Committee  in accordance with the Rules.

13.    Bonfires may only be lit between 1st November and 31st March each year and even during this period when the smoke is likely to cause a nuisance to neighbouring homes should be avoided, eg., weekends and warm evenings.

14.    Children must be supervised. Allotments, haulingways and ponds can be dangerous places. The Association cannot accept responsibility if children are hurt through non-compliance with this rule.

     Duty of Care. An allotment holder owes a Duty of Care to persons whether legitimately on their allotment or not and to others’ property as part of Health and Safety legislation. Failure to do so may be established in law as negligence.

15.    Any Member found guilty of stealing from an allotment or of unacceptable behaviour shall be called upon to give up his allotment and may be dealt with further, as the Committee may decide.

16.    No fruit bushes nor trees shall be allowed to hang over the allotments of adjoining Members and the Tenant shall not plant any trees or shrubs which may, in the opinion of the Committee, be injurious to a neighbouring allotment. No more than 2 fruit trees on dwarfing root stock to be planted on a full sized (300 square yard) plot without written permission from the Secretary (who will in turn seek written permission from the Allotments Manager of Bristol City Council). Compensation, as clause 27, will only be paid for one year’s estimated crop of perennial plants.

17.    The Tenant shall not, without the Committee’s consent, cut or prune any timber apart from fruit trees and shall not, in any case, take or allow to be taken away from the Allotment any gravel, sand, clay, grass, turf or mould.  

18.    The use of hoses [except for the filling of water butts] and sprinklers on allotments is forbidden.

19.    Tenants must not block hauling ways with parked vehicles.

20.    Tenants to provide, fix and maintain in good condition, in a conspicuous position in the front of the allotment garden, a small board bearing, clearly, the number of the allotment garden.

21.    The Members of the Committee shall have power at any time to inspect an allotment.  

22.    The Association is registered as a company limited by guarantee. This status protects Members in the unlikely event of the Association being unable to meet its liabilities. To meet the terms of the guarantee every Member promises, if the Association is dissolved while he or she remains a Member or within 12 months afterwards, to pay up to £1 towards the costs of dissolution and liabilities incurred by the Association while the contributor was a Member.                                      

23.    No construction or pond shall be built on any Allotment without the prior agreement of the Committee. If a hut is supplied by the Committee, the tenant shall pay the rent demanded in addition to that paid for the allotment.  Proper maintenance and security of the hut is the responsibility of the tenant.  

Plotholders should be aware that sheds and their contents are not covered against theft or damage under the Association’s insurance policy for the sites 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 available.

24.   Tenants shall pay a yearly plot rent at the rate and time decided by the AGM.  (The Allotments Act states rent must be paid within 40 days.)  

25.    A tenancy may be terminated by the Association on 14 days notice:

          a)   If the rent is in arrears for not less than forty days;

          b)   If it appears to the Committee that the Tenant has not observed the conditions laid down in this Agreement;

          c)   If it appears to the Committee that there has been nuisance or unacceptable behaviour.

26.    A tenancy shall be terminated by either the Association or the Tenant giving six months notice in writing, terminating on 30th June and 31st December of any year.

27.    If land is required by Bristol City Council at the end of a yearly tenancy (31st December) compensation for crops and manure is usually possible and rule 16 will apply in the case of perennial plants.

28.   Change of address must be advised to the Secretary.

29.    Any notice given by the Association in respect of this Agreement shall be sufficient if sent by post to the last known address of the Tenant.

30.    In the event of death, or inability through ill-health or age of a Member to work his or her allotment, the Committee may take the land and re-let it or deal with the matter as they think best, giving special consideration to family and co-workers on the plot.  

31.    Any dispute between the Association and a Tenant must be stated in writing to the Secretary. The Guidelines for dealing with Disputes and Disciplinary Issues in the Rules will be followed.  Copies will be made available to parties in dispute and can be viewed on application to the Secretary.

32.    Tenants must yield up the allotment garden and the hut, if supplied, on the termination of this tenancy in such condition as shall be in compliance with this Agreement and may be charged for any remedial work.

33.    The Committee may, after agreement with Bristol City Council, add to or change this Agreement on 1st January in any year.

 

AGREEMENT

The Association agrees to let and the Tenant agrees to take (subject to the conditions above)

the Allotment Garden No.  …………   in    ………………………………Field

subject to the conditions laid down in the Lease signed between Bristol City Council and Horfield & District Allotments Association and the Rules of the Association .

Signed on behalf of Horfield & District

Allotments Association ……………………………………………………  Date……………………….

Signed by the Tenant/Member……………………………………………   Date ………………………

PLEASE RETURN BOTH COPIES OF THIS AGREEMENT, SIGNED, AND ONE COPY WILL BE RETURNED SIGNED ON BEHALF OF THE ASSOCIATION.