Your Allotment Agreements

 

When you agree to rent an allotment, you should sign two tenancy agreements, one from the Allotment Association, and one from the Parish Council. Failure to do so is a violation of your tenancy agreement.

 

By signing them you become bound by both agreements, and agree to abide by the Tenancy Agreements and Policies.

 

Both agreements are shown below, but a copy of each can be downloaded from the Downloads page.

 

There are also our Policy Documents available for download there.

 

 

 

Birchwood Lane Allotment Association
Tenancy Agreement

  1. The Tenancy Agreement, between the Tenant and Birchwood Lane Allotment Association (BLAA), shall commence on the first day of January, and end on the last day of December of that year. The rental is charged per square yard, and shall be paid, annually, in full, including NSALG and Insurance fees by the last day of January of that year. New plot holders will be offered a full plot at half price for the first year, but must strim all uncultivated land, keeping seed heads under control, throughout the year.
    The tenant must also sign two copies of the BLAA agreement and two Somercotes Parish Council Tenancy Agreements, One copy of each shall be retained by the tenant, and the others shall be returned, with remittance, to the treasurer. Failure to meet these requirements shall result in the Association terminating the tenancy and reallocating the plot and anything left on the plot, sheds etc, will be disposed of as the Committee see’s fit.
  2. The plot shall be kept clean and in a good state of condition with at least three quarters of the overall plot in cultivation or covered, (for a period not exceeding 6 months, unless with the written permission of the Committee). Any allotment holder whose plot is overgrown and untidy will be sent a letter requesting they tidy or cover the plot within 28 days. If this is not done, their tenancy will be terminated. Another letter will be sent giving 7 days to clear the plot of personal items. If at least one third has been done, but still not up to standard, another 28 days will be given, but if still not satisfactory after this time, the tenancy will be terminated. The maintenance of any pathways, the Cart Road, the trimming of hedges bordering the said plot is also the tenant’s responsibility. No gravel, sand, earth or clay may be sold or taken from the plot.
  3. The plot number shall be clearly displayed at all times.
  4. The plot or part thereof shall not be sub-let or otherwise shared except with the permission of the Association.
  5. No sharp deterrents such as barbed wire shall be erected whatsoever.
  6. The tenant shall not cause any nuisance or annoyance to the occupier of any other allotment or a member of the public. There should not be the removal of any growing crops without the permission from another tenant’s allotment. Any dispute which from time to time may arise shall be referred to the Association Committee. Any decision by the Association shall be final.
  7. No person shall use the path of another tenant’s garden without permission of the allotment holder.
  8. No unnecessary or unlawful damage shall be caused to hedges, trees, ditches or property forming part of or surrounding the allotment grounds. The dumping of unwanted waste or hard materials e.g., glass, metal, carpets or timber is prohibited and any person caught doing so will have their tenancy terminated.
  9. Bonfires must be considered as a last resort in the disposal of waste and every effort should be made to recycle as much as possible. Where it is essential for such items as diseased crops, then these must be thoroughly dry and only lit after sunset and when the wind is blowing away from neighbouring properties. No bonfires are allowed in the day and anyone found to be bringing in materials from outside the site or breaking these rules will have their tenancy terminated on a second warning. No garden waste or rubbish is to be burnt on any cart road; neither shall any garden waste may be deposited on any vacant plot or hedge bottoms.
  10. The keeping of Bees and/or Chickens is only permissible following the written consent of the Association. No cloven hoofed animals are allowed to be kept on the site. Each allotment holder who keeps livestock will be responsible for and must take care of vermin control.
  11. The tenant shall advise the committee of any change of address, postcode telephone number or email address and of any illness that may hinder cultivation of the plot in order that an amicable agreement may be decided upo
  12. Any Member or Officer of the Association may at any time enter the site for the purpose of inspection of plots in pursuance of their duties.
  13. Children should be supervised at all times, whilst on the allotments.
  14. Tenants must wear appropriate clothing and footwear for the allotment. Footwear should be covering the foot completely. It is also the tenant’s responsibility to make sure that anyone with them is also wearing appropriate clothing and footwear, especially children.
  15. Dogs on site should be kept on a lead at all times, and any excrement should be removed from the site.
  16. The gates should be locked at all times. The gates are locked using Number Locks, which should not be left open on the gate, (as this displays the code number), and the numbers must be spun after refitting. When refitting the lock, make sure that the lock is fitted so that the tumblers are facing away from the door bolt, to aid any partially sighted members. Do not tell anyone the code number as all paid up tenants will have been given the number.
  17. Water from the troughs is not to be used through a hosepipe or a pump, mechanical or otherwise. Anyone found doing so will be fined £50.00.
  18. No firearms of any description are to be brought on the Allotment Site, except by a qualified person with written permission from the committee and Parish Council. This will be only for the purpose of exterminating vermin within the boundaries of the allotment site.

..........................................................................................................

SOMERCOTES PARISH COUNCIL

Tenancy Agreement of Allotment Gardens – Birchwood Lane

AN AGREEMENT made on the 1st day of January 2017 BETWEEN THE SOMERCOTES PARISH COUNCIL (hereinafter “the Council”) IN CONJUNCTION WITH BIRCHWOOD LANE ALLOTMENTS ASSOCIATION (hereinafter “BLAA”)  and

Name  ………………………………………………………………....................
Address ………………………………………………………………..................
.........................................................................................................................  
Post Code …………………
(hereinafter “the Tenant”)

WHEREBY the Council and the BLAA agrees to let and the Tenant agrees to take on a fixed term tenancy of one year, automatically following the one year period, the tenancy continues as a periodic tenancy based on the rent payment period ie annually  of an allotment(s) from the 1st day of January 2017, the Allotment Garden number(s) ……………………in the Register of Allotment Gardens provided by the Allotment Association at the yearly rental of £……………… payable to the BLAA.

THE TENANCY is subject to the Allotments Act 1908 to 1950, the Localism Act 2012  and to the Regulations endorsed on this Agreement:-

1. The rent shall be paid on the 1st day of January each year. The tenants shall pay the Rent charged by the BLAA annually with any deduction as agreed by the BLAA..  The rent year will run from 1st January to 31st December.

2. This Allotment Tenants Agreement shall be identified as Rules and Regulations specified by the Council in conjunction with BLAA and as separate from    any Rules and Regulations determined by the BLAA.

3. The Tenant shall use the plot as an Allotment Garden only (that is to say wholly or mainly for the production of vegetable or fruit crops for consumption by the tenant and his/her family) and for no other purpose and to keep it clean, tidy and in a good state of cultivation and fertility and in good condition.  A minimum of 75% of the plot must be cultivated with a maximum of 25% used for the keeping of livestock.

The Tenant must not carry out any trade or business from the Allotment site (unless sold by, and for the benefit of, a charity or the BLAA).

4. The Tenant shall not sublet, assign or part with the possession of the Allotment Garden or any part thereof without the written consent of the BLAA in conjunction with the Council.

5. The Tenant shall not, without the written consent of the BLAA in conjunction with the Council, cut or prune any timber or other trees, other than fruit trees on his/her own land or take, sell or carry away any mineral, sand or clay.

6. The Tenant shall not keep any livestock, other than hens or rabbits, on the Allotment unless permitted by statute without the prior written consent of BLAA in conjunction with the Council.  Bees may be kept but only if the bee keeper is a member of the British Bee-Keepers Association (evidence to be supplied to BLAA).
However, no livestock can be kept if causes nuisance, or threat to health.


7. The Tenant shall keep every hedge that forms part of the boundary of his/her Allotment Garden properly cut and trimmed, keep all ditches properly cleansed and maintained and keep in repair any other fences and any other gates or sheds on his/her Allotment Garden.

8. The Tenant shall not use any barbed or razor wire for a fence adjoining any path set out by the BLAA in conjunction with the Council for the use of the occupiers of the Allotment Garden.

9. The Tenant shall not, without the written consent of the BLAA in conjunction with the Council, erect any building, other than a small shed, or lay concrete on the Allotment Garden.  All structures must be temporary and maintained in a safe order.
This includes structures for permitted livestock.
Outgoing Tenants must remove any items or structures from their plot(s) before the end of their Tenancy, or offer suitable structure to BLAA for onward recycling, unless prior agreement has been reached with a new tenant to take over the item or structure.
If items or structures have to be removed by the Council, the work will be invoiced to the outgoing Tenant.

10. The Tenant shall not cause any nuisance or annoyance to the occupier of any other Allotment Garden.

11. The Tenant shall keep free from obstruction that part of the cart road adjacent to his/her garden and any manure or other garden perquisites delivered or deposited on such a cart road for convenience shall be removed as soon as possible.

12. In addition to the above, no garden waste or rubbish shall be burnt on any cart road; neither shall garden waste or rubbish be deposited on any vacant garden or in hedge bottoms.

13. The lighting of Bonfires should be avoided at weekends and Bank Holidays and in all other respects must adhere to the rules issued by Amber Valley Borough Council (as attached).   Only material from the plot is to be burnt, materials must not be brought in from outside of the plot for disposal.

14. Only the Tenant and their immediate family or a person authorised by BLAA is allowed on the Allotment site except during site open days.  The BLAA Committee Members may order any unauthorised person to leave the site immediately.
Non-Tenants may be allowed on site whilst the Tenant is away to water plants etc but only if permission has been granted by BLAA. 
Persons under 18 years of age must be accompanied by an adult.

15. Allotments must not be used for recreational purposes, children’s play areas, places of residence, storage of cars, caravans or boats. . 

16. No Tenant shall bring or allow any dog onto his/her garden unless it s securely held on a leash at all times. 

17. The carrying or use of firearms is not permitted on the Allotment Gardens other than for the control of vermin and only a qualified person authorised by the Council in conjunction with BLAA shall be permitted to carry out vermin control.

18. Only BLAA or the Council shall post Notices on any Allotment site Notice Board unless permission is granted by BLAA.

19. The Tenant shall as regards the Allotment Gardens comply with any legal requirements in relation to the conditions of the lease under which the Council hold the land.

20. The Tenants shall be responsible for the water rates and no hose pipes or mechanical pumps may be connected to the water troughs. 

21. Plot Numbers must be visibly displayed.

21. Any member or Officer of the Council shall be entitled at any time when directed by the Council, to enter and inspect the Allotment Garden.

22. The Tenant must advise BLAA of any change of address or other contact details. Personal Information held by the Council relating to the Tenancy Agreement will be held in accordance with the Data Protection Act 1998.

23. Gates must be kept locked at all times.  The lock code must not be divulged to anyone that is not a Tenant or a person who has not been authorised to enter by BLAA.

24. The tenancy of the Allotment Garden shall terminate on the yearly Rent Day after the death of the Tenant and shall also terminate whenever the tenancy or right of occupation of the Council terminates.  It may also be terminated by the Council by re-entry after one month’s notice:

(i)    If the rent is in arrears for not less than 40 days OR
(ii)   If the Tenant is not duly observing the conditions of his tenancy

Whereupon inspection, or as a result of a complaint the above (ii) applies:
The Tenant will be sent a letter by BLAA giving 28 days notice to remedy the breach.  Appeals will only be accepted in writing and must be submitted within the first 14 days of the 28 days Notice Period.  Appeals must be sent to The Chairman, BLAA and will be dealt with by BLAA Appeals Committee.
At the end of the 28 days Notice Period and failure to remedy a breach/failure of an Appeal an Eviction Notice will be issued by BLAA.

The tenancy may also be terminated by the BLAA in conjunction with the Council or the Tenant by twelve months previous notice in writing expiring on or before the 6th day of April or on or after the 29th day of September in any year (see note 1).

The Council remains the land owner at all times.
The BLAA is responsible for management and administration of the Allotment site and is the first point of contact for Allotment site matters.

Signed .......Soo Massey.................Clerk of the Council  Date ………………………...                 

Signed ……………………………….. On behalf of BLAA Committee  Date ………………

Signed …………………………………………….. Tenant Date ………………………….

ANY SPECIAL CONDITIONS AFFECTING THE ALLOTMENT GARDEN ARE TO BE ENDORSED ON THIS AGREEMENT.

Note 1:     This date must not be between the 6th April and the 29th September (Allotment Act 1922,    Section 1(1)(e).

2 Copies: Original Agreement to be retained by Somercotes Parish Council Copy to be retained by Tenant.