HORFIELD & DISTRICT
ALLOTMENTS ASSOCIATION LIMITED
Registered number 6193 R Glos
Honorary Secretary, Ingrid Morris
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(s)
.
of (address of Tenant(s)
..
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 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, manured,
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, except in the first year of a tenancy where an
overgrown plot is being brought back into use.
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 or 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
following the guidelines issued by Bristol City Council.
Bonfires
and the Law: Please note that anyone allowing
smoke to drift across a road faces a fine of up to £2,000 under the Highways
(Amendment) Act 1986. Under the Clean
Air Act 1956 it is an offence to cause a nuisance through the creation of
smoke: the maximum penalty is again
£2,000. (Note - under Statutory
Nuisance, the Environment Protection Act 1990 the maximum penalty is £5,000 -
Health and Environmental Services, Brunel House, St Georges Road, Bristol).
14. Children must be kept under
control. 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 and failure to do so
may be established in law as negligence.
15. Any member found guilty of stealing from an allotment or 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 or 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 29, will only be paid for one years estimated crop of perennial
plants.
17. The tenant shall not, without the Committees 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 for
watering crops on allotments is forbidden
19. Tenants
must not park their cars in haulingways, hardstands are provided.
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. Each member of the Association shall hold one share, as decided
at AGM, and the share shall be forfeited when membership ceases.
23. Members shall pay £1 for
a share on joining and a subscription as decided by the AGM.
24. No construction shall be erected on any Allotment without the
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 Associations
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.
25. Tenants shall pay a yearly
plot rent, as decided by the AGM.
26. All rents are due on 29th
September in advance. Members whose
rent is 42 days in arrears will be charged a fee as decided at the AGM. (Allotments Act state rent must be paid in
40 days.)
27. 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.
28. A tenancy shall be terminated by either the Association or the
tenant giving six months notice in writing, terminating on 25th
March and 29th September of any year.
29. If land is required by Bristol City Council at the end of a
yearly tenancy (29 September), compensation for crops and manure is usually possible and rule 16 will
apply in the case of perennial plants.
30. Change of address must be advised to the
Secretary.
31. 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.
32. In the event of death, or inability through ill-health or age of
a Member to work his 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.
33. 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.
34. 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.
35. The Committee may, after agreement with Bristol City Council, add
to or change this Agreement on 1st October 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
..
Signed by the Tenant
Date
..
Please return both copies of this
Agreement, signed, and one copy will be returned signed on behalf of the
Association.