WELBECK ROAD ALLOTMENT ASSOCIATION

Information for tenants

 

Tenants' Agreement

1.Interpretation

1. Words referring to one gender will be read as referring to any other gender and words referring to the singular will be read as referring to the plural and vice versa.

2. Where the Tenant is more than one person the obligations and liabilities will be joint.

3. Welbeck Road Allotment Association is referred to as WRAA.

 

2.Allotment

2.1 The Association agrees to let and the Tenant agrees to take all that piece of land situate at Welbeck Road Allotment Site, numbered  .... on the allotment plan and containing approximately   .... square metres. (The allotment garden)

 

3.Tenancy and Rent

3.1 The Allotment Garden shall be held on a yearly tenancy from April 1st each year at an annual rent as set by the Committee of WRAA.

 

4.Cultivation and Use

4.1 The Tenant shall use the plot as an Allotment and Leisure Garden only as defined by the Allotments Act 1922 (that is to say wholly or mainly for the production of vegetable, fruit flower crops for consumption or enjoyment by the tenant and hi/her family) and for no other purpose and to keep it clean and free from hazards, e.g. Broken glass or scrap metal, reasonably free from weeds and noxious plants and in a good state of cultivation and fertility and in good condition.

      4.2 The tenant may not carry on any trade or business from the allotment site (a small amount of surplus                       produce may be sold as an ancillary to the provision of crops for family)

      4.3 The tenant shall have at least 25% of the plot under cultivation of crops after 3 months and at least 75% of the    plot under cultivation after 12 months and thereafter. (Unforeseen circumstances may be taken into consideration by the Committee)

       4.4   The maximum area for hard landscaping e.g. patio, internal paths, sheds etc is 20%

       4.5 Tenants accept full personal third-party liability if machines are used on site.

 

5.Prohibition of Under letting

5.1 The Tenant shall not underlet, assign or part with possession of the Allotment Garden or any part thereof without the written consent of WRAA. (This shall not prohibit another person, authorised by the plot holder, from cultivation of the plot for short periods of time when the tenant is incapacitated by illness or is on holiday, the Secretary to be informed of the name of the person.)

 

1. Conduct

6.1 The tenant must at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local and parochial or other bylaws, orders or regulations affecting the Allotment Site.

6.3.The Tenant must not cause, permit or suffer any nuisance or annoyance to other plot holders or neighbouring resident of the allotment Site and must conduct himself appropriately at all times.

6.4 The tenant must comply at all times with the Constitution of WRAA. (A copy of the Constitution current at the time of signing this agreement is attached to this agreement. A copy of the current constitution is held in the shed belonging to WRAA)

6.5 The tenant shall not enter onto any other plot at any time without the express permission of the relevant plot holder, inclusive of the polytunnel.

       6.6. Any person who accompanies the tenant to cultivate or harvest may not at any time enter onto another plot without the express permission of the relevant plot holder. The Tenant is responsible for the actions of children and others entering the allotment site with his permission.

      6.7 The Tenant must not remove produce from any other plot without the express permission of the relevant plot holder.

 

 

 

 

7.Termination of Tenancy

    7.1 As outlined in the 1908 Smallholding and Allotments Act a tenant may have their tenancy terminated if:

1. rent for any allotment is in arrear for not less than forty days,

2. Not less than 3 months after the commencement of the tenancy the Constitution and Agreement of WRAA have not been observed

3. is resident more than one mile out of the Borough of Erewash, for which the allotments are provided, (subject to the discretion of the Committee)

   7.2 The Tenancy of the Allotment Garden shall terminate automatically on the Rent Day next after the death of     the Tenant.

   7.3 There may be 3 letters following a site inspection with a quorum of the Committee, giving a tenant reasonable time to bring the Allotment plot into cultivation.

1. letter   28 days allowance

2. letter   14 days allowance with notice of possible termination of tenancy

3. letter   7 days allowance with 28 days notice of termination of tenancy.  Appeal in writing to the Committee, via the Secretary, within 14 days.

 

1.  

   1. In the event of the termination of the tenancy the Tenant shall return to WRAA any property (Keys etc) made available to him during the Tenancy and shall leave the plot in a clean and tidy condition.  All structures removed unless an arrangement is made with WRAA.  If in the opinion of WRAA the plot has not been left in a satisfactory condition, any work carried out by WRAA to return the plot to a satisfactory condition shall be charged to the previous tenant (Allotment Act 1950 s.4)

 

1. Change of address

 The tenant must immediately inform the Association of any change of address

 

1. Notices

9.1   Any notice served on the tenant should be delivered at or sent to his last known home address. 

9.2  A notice sent by recorded delivery is to be treated as having been served on the third working day after posting whether it is received or not.

9.3  a notice sent by email is to be treated as served on the day on which it is sent or the next working day where the email is sent after 1600 hour or on a non-working day, whether it is received or not, unless the confirmatory copy is returned to the sender undelivered.