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MEETING WITH ALLOTMENTS' OFFICER

 

DATE: 3 JUNE 2008

TIME: 7:00 p.m.

LOCATION: Green Lane Allotments' car park

AGENDA:

Security

Proposals for a revised tenancy agreement Click here for existing Tenancy Agreement

At the above meeting there was insufficient time to discuss this and so discussion will be moved to the next meeting - date to be determined

 

The Allotments' Officer has posted out, to all tenants, invitations to the above meeting along with the following proposals which would form part of the revised tenancy agreement. It is in everyone's best interests that as many of us possible attend this meeting so we can share our views with the Allotments' Officer. If you are a tenant on Green Lane and cannot make the meeting but would like your views passing on then please email me by clicking here.

 

DATE: 21 AUGUST 2008

The following was amended to reflect council advice, after a meeting with council officers. This is a draft document and will be discussed at a full plot holders meeting at a later date. Some parts of the document cannot be changed as they fulfil a statutory requirement, however other statements are open to discussion. Plot holders who feel that the conditions may unfairly affect how they garden their plot at the moment should not feel threatened as it is likely that allowances will be made to accommodate how plots were gardened as from the above date.

 

ALLOTMENT GARDENS' AGREEMENT

 

  1. The Council of the City of Wakefield (hereinafter called “the Landlord”) let and the above-named Tenant (hereinafter called “the Tenant”) takes from the date shown above. 
    The allotment garden described above at the yearly rent fixed by the Council and which shall be subject to annual review by the Council together with rates, excluding water rates and sewerage rates.  The rent shall be payable to the Council of the 1st January in every year clear of all deductions.
  2. The tenancy is subject to and the Tenant agrees to observe:
    a) the provisions of the Allotments Acts or as subsequently amended
    b) the conditions set out below:
    c) any regulations made by the Landlord in respect of allotment gardens.
  3. The tenancy shall expire
    (i) one month after the death of the Tenant
    (ii) when the tenancy of the Landlord determines as set out below
  4. The tenancy may be determined:
    (i) by either party giving to the other twelve months’ notice in writing expiring on or before 6th April or on or after 29th September in any year;
    (ii) by re-entry by the Landlord under any of the powers contained in Section 1 of the Allotments Act, 1922;
    (iii)  by re-entry by the Landlord after 14 day’s notice to the Tenant if any part of the rent remains unpaid for 28 days or if the Tenant has broken any of the conditions of the tenancy.

 

CONDITIONS

 

The Tenant shall:

 

 

a) use the land only as an allotment garden and for no other purpose and maintain the allotment garden in a good state of cultivation including keeping the allotment garden free from disease and pest;

b) keep adjoining paths, hedges, ditches or dykes tidy and free from rubbish;

c) inform the Landlord in writing of 
    (i) change of address 
    (ii) termination of tenancy;

d) provide a minimum space of 9” from the centre of each peg bounding his allotment garden for use as a division path between his and the adjoining plot;

e) permit authorised Officers of the Landlord to enter on and inspect the allotment garden;

f) accept full responsibility for any key provided to obtain access to and from the allotment garden and undertake to ensure that the gates to the allotment site are secured after entry and departure. 

g) keep any buildings or constructions in a good state of repair

h) upon vacating the plot return any key/s to the site secretary

i) ensure that they and any visitors that they invite on to the site are aware of the code of conduct and comply with its requirements

j) accept full responsibility for the safety of their plot including taking appropriate precautions in the siting, construction and protection of any ponds or water features

 

  

The Tenant shall not:

 

a) obstruct or encroach upon any path or road on the allotment site;

b)  use any barbed wire for a fence adjoining any path;

c)   erect any building or structure without the previous consent of the Landlord;

d) take dogs on to the allotment garden without leash or keep any animals or livestock on any allotment garden without the previous consent in writing of the Landlord.

e) grow any crop for commercial purposes or conduct any business on the allotment garden;

f) assign, sub-let, allow use of part or whole plot or part with possession of the allotment garden without written consent of the Landlord;

g) erect any notice or advertisement on the allotment garden without written permission

h) have any claim for compensation against the Landlord for the planting of

    (i) a fruit tree or bushes and/or strawberry plants and

    (ii) asparagus, rhubarb and other crops which continue productive for two

        or more years;

i) cause any nuisance or annoyance to the occupier of any other allotment garden or adjacent premises.

j) behave in a rowdy or abusive manner, or in any way that is likely to bring the allotment site into disrepute (e.g. as a result of excessive alcohol consumption)

k) remove any topsoil or cover the plot with any material or substance likely to prevent future cultivation of the plot

l) waste water and report any leaking tap immediately

m) use any building on the plot as a dwelling or for sleeping or as a workshop

n) use the plot for any illegal activity

o) provide a copy of any allotment key to a third party without written permission from the landlord

p) play loud music

 

 

The Tenant agrees that:

  1. the Landlord shall not be responsible for any loss due to theft of any property including plants belonging to the tenant or as a result of vandalism.
  2. as a result of any act of negligence or default by the tenant or any person on the plot with the actual or implied authority of the tenant, to keep the Landlord indemnified against all claims (including costs and expenses in connection with claims) against the Landlord arising from:

 

a) any breach of the tenant’s obligation contained in this agreement

b) the use of the plot

c) any works carried out to the plot by the tenant

 

 

RENTS

 

RENTS
You will receive an account through the post, which you should send, or take to your Local Cash Office with your remittance.  Do not pay your rents until you receive an official account, prompt payment of rent upon receipt of official account is requested. 

RENT CONCESSIONS
If you are in receipt of a Retirement Pension (Senior Citizen) or an Invalidity, or Widow’s Pension (with no other income), you may be entitled to claim a fifty per cent concession in rent.  Application forms are available from your Site Secretary or from the above address.  The rent concessions will only be allowed from 1st April following your application.

 

CODE OF CONDUCT 

 

An allotment site is a community and, like all communities, in order to operate successfully and harmoniously it requires that all members operate with due regard to the needs and feelings of others. Where individual's opinion or need is in opposition to the views or requirements of the majority then it must be accepted that a majority decision must prevail.
  1. CULTIVATION
    You are expected to keep your allotment garden in a state of cultivation at all times of the year. i.e. be kept in a tidy state even during the winter months. The whole of your plot should be cultivated and not just part. If a whole plot is too much for your needs it can be arranged for you to rent a half plot. Other than when used to cover paths or seating areas, the use of weed suppressant material should be on a short term basis only. The use of carpet as a weed suppressant is not permitted.
  2. SHEDS, HUTS, GLASSHOUSES
    Specification for Tool Sheds, Huts and Glasshouses are available from the council. If the standard of building does not comply with council specification or creates an eyesore you may be asked to remove it. Any building must be kept in a good state of repair
  3. FENCES
    The building of boundary fences is not permitted. Permission must be obtained from the Landlord before any fence or enclosure (e.g. for the keeping of livestock) is erected . Fences should be kept in a good state of repair
  4. BONFIRES
    Bonfires should only be lit when absolutely necessary and then in such a way as not to cause annoyance or danger to other plot holders, nearby residents or their properties i.e. smoke should not blow across plots where plot holders are present. Bonfires should never be left unattended. Only allotment produced rubbish should be burnt i.e. no plastics or upholstery or items that produce noxious fumes
  5. COMPOST HEAPS
    Compost heaps should be properly constructed and well-sited. i.e. not situated in a manner that causes a nuisance or damage to the property or to the occupier of any other allotment garden or adjacent premises.  
  6. WATER
    Immediately report leaking or burst water supplies to the landlord. Water is metered to the site and should not be used unnecessarily and only for allotment use. Wherever possible please try to use water butts etc. to collect rainwater from greenhouse and shed roofs. If the case of excessive water bills it may be necessary to issue a surcharge which will be added to the tenants' water bill.  
  7. CHANGE OF ADDRESS
    If you change your permanent address or telephone number  please notify the landlord immediately,
  8. BEHAVIOUR
    Tenants have a duty of care to each other and also to visitors to the allotment site. Children and pets should also be kept under control. i.e. neither children nor pets should be allowed to trespass on other plots. The tenant must take responsibility for the behaviour and safety of their guests.
    Tenants should be courteous and respectful in their behaviour towards each other.
  9. SECURITY
    In the interest of safety and security of tenants and their property, all gates must be locked at all times. 
  10. GARDEN TOOLS
    Garden tools should not be left unattended on plots as these can be used by thieves to gain access to sheds etc. 
  11. NON-COMPOSTABLE RUBBISH
    Tenants should arrange for the disposal of any non-compostable waste from their allotment garden. A skip will be provided once a year, for the sole use of tenants, in order to dispose of exceptional allotment waste. Domestic waste should not be disposed of on site. Care should also be taken not to overfill the skip as this will result in the company refusing to remove it 
  12. CAR PARKING AREA
    No rubbish or other items must be left in the car park 
  13. COMMUNAL PLOT (PLOT 46)
    The communal plot is rented by the council on behalf of the Allotment Association and shall not be used for purposes other than those specified by the Allotment Association Officials. 

  14. SITE PROPERTY
    Site property must be treated with respect. Tenants will be liable for any damage caused to the site property and fixtures as a result of inappropriate use.

  15. LIVESTOCK
    The keeping of livestock is only permitted on allotment plots along the outer boundary of the site. No more than one third of the plot should be dedicated to livestock with the remaining two thirds of the plot being cultivated. Livestock should be located on the part of the plot nearest the boundary walls/fences.
    The only permitted livestock are chickens (not cockerels) and rabbits.
    If you wish to keep livestock, you will need to build suitable fences and structures to make sure they cannot escape. As well as secure, these must be tidy and a reasonable size for both the animals and the appearance of the site. You must not let the livestock become a health risk or a nuisance. You will also need to abide by regulations concerning animal welfare and any other restrictions set out by the Department for the Environment, Food and Rural Affairs
  16. SUSTAINABILITY
    Tenants must dispose of all waste generated on their plots either by means of composting or burning. Waste must be disposed of on the tenants own plot or removed from the site. This includes non-compostable plant waste and waste generated by livestock.

FAILURE TO COMPLY WITH THE ABOVE GUIDANCE:
In the event that any plot-holder fails to comply or contravenes any of the above, a written formal warning  will be issued and the plot holder given a period of up to 3 months to rectify the position. If the plot holder still is in a state of non-compliance then they will be asked to vacate their plot within two weeks whereupon the plot will be relet. The plot holder will forfeit any rental paid and any remaining produce. 

Signed on behalf of the landlord:

 

 

Signed by the tenant:

 

Date:
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