The Tenancy Agreement

Tenancy Agreements 2015: Association to Tenant Page 1
Association to Tenant (NAS)-V7.1
THIS AGREEMENT is made the 1st day of April 2015.
Caythorpe & Frieston Allotment Association (The Association)
Of Gorsehiill Lane Caythorpe, Grantham, Lincs
Mr ,……………………………………………
Of ……………………………………………………………Caythorpe, (“the Tenant”)
NOW IT IS AGREED as follows
1. Interpretation
1.1. 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.
1.2. Where the Tenant is more than one person the obligations and liabilities will be joint and several obligations and liabilities of those persons.
1.3. The clause headings do not form part of this Agreement and will not be taken into account in its interpretation.
2. Allotment
2.1. The Association agrees to let and the Tenant agrees to take all that piece of land situated at the North Side of Gorsehiill Lane, Caythorpe (“the Allotment Site”) numbered XX on the Council’s allotment plan and containing approximately 198 Sqm or in the case of a Half-Plot 93 Sq m. (“the Allotment Garden”).
3. Tenancy and Rent
3.1. The Allotment Garden shall be held on a yearly tenancy from 1 April to 31st March at an annual rent of £40 for a full size plot and £28 for a half size plot which is payable to the Association by the Tenant on the 31 March of the current year (“the Rent Day”).
3.2. Six months’ notice of any rent increase will be given by the Council to the Tenant in June of the preceding year to take effect the following year.
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3.3. Water supply, insurance, and membership of the NASLG and the ‘Association’ shall be included in the rental charge.
3.4. Where additional amenities are provided on the Allotment Site these will be taken into account when setting the following year’s rent.
3.5. Applications will only be considered from applicants who live in the area covered by Caythorpe & Frieston Parish Council.
4. Cultivation and Use
4.1. The Tenant shall use the plot as an allotment garden only as defined by the Allotments Act 1922 (that is to say wholly or mainly for the production of vegetable, fruit and flower crops for consumption or enjoyment by the Tenant and his family) and for no other purpose and keep it free of hazards, e.g. broken glass or scrap metal etc., and 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.
4.3. The maximum amount of the Allotment Garden allowed to be hard landscaped e.g. patio, internal paths etc. is 20%.
5. Prohibition on Under letting
5.1. The Tenant shall not underlet, assign or part with possession of the Allotment Garden or any part thereof. (This shall not prohibit another person, authorised by the Tenant, from cultivation of the plot for short periods of time when the Tenant is incapacitated by illness or is on holiday, the site representative to be informed of the other person’s name.)
6. Conduct
6.1. The Tenant must at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local, parochial or other byelaws, orders or regulations affecting the Allotment Site.
6.2. The Tenant must comply with the conditions of use attached as Schedule 1.
6.3. The Tenant must not cause, permit or suffer any nuisance or annoyance to any other plot holder or neighbouring resident of the Allotment Site and must conduct himself appropriately at all times.
6.4. The Allotment Garden may not be used for any illegal or immoral purposes and the Tenant must observe all relevant legislation or codes of practice relating to activities they carry out on the Allotment Garden.
6.5. The Tenant must comply at all times with the Constitution of the Association (a copy of the Constitution current at the time of signing this agreement is attached to this agreement. A copy of the current constitution can be found on the notice board of the association).
6.6. The Tenant shall not enter onto any other plot at any time without the express permission of the relevant plot holder.
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6.7. 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/her permission.
6.8. The Tenant must not remove produce from any other plot without the express permission of the relevant plot holder.
7. Lease Terms
7.1. The Tenant must observe and perform all conditions and covenants that apply to the Allotment Site contained in any lease under which the Association hold the Allotment Site.
8. Termination of Tenancy
8.1. The tenancy of the Allotment Garden shall terminate
8.1.1. automatically on the Rent Day next after the death of the Tenant, or
8.1.2. on the day on which the right of the Association to occupy determines by reason of notices served on the Association in compliance with S1(b) (c) or (d) Allotments Act 1922, or
8.1.3. by re-entry after three months previous notice in writing to the Tenant on account of the land being required for building mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes, or
8.1.4. by the Association giving the Tenant at least twelve months’ notice in writing expiring on or before 6 April or on or after 29 September in any year, or
8.1.5. by the tenant giving the Association not less than 28 days’ notice in writing, or
8.1.6. by re-entry if the rent is in arrears for not less than 40 days, or
8.1.7. by re-entry if the Tenant is not duly observing the conditions of this tenancy, or
8.1.8. by re-entry if the Tenant becomes bankrupt or compounds with his creditors, or
8.1.9. by the Association giving the Tenant at least one months’ notice in writing if, not less than 3 months after the commencement of this Agreement, it appears to the Council that the Tenant is resident more than one mile out of the parish.
9. In the event of the termination of the tenancy the Tenant shall return to the Council any property (keys, etc.) made available to him during the Tenancy and shall leave the plot in a clean and tidy condition. If in the opinion of the Council the plot has not been left in a satisfactory condition, any work carried out by the Council to return the plot to a satisfactory condition shall be charged to the Tenant (section 4 Allotments Act 1950).
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10. Change of Address
10.1. The Tenant must immediately inform the Council of any change of address.
11. Notices
11.1. Any notice given under this agreement must be in writing and to ensure safe receipt should be delivered by hand or sent by registered post or recorded delivery. A notice may be sent by fax or email if a confirmatory copy is delivered by hand or sent by registered post or recorded delivery on the same day.
11.2. Any notice served on the Tenant should be delivered at or sent to his last known home address. Any address served on the Council should be sent to the address given in this agreement or any address specified in a notice given by the Council to the Tenant.
11.3. A notice sent by registered post or recorded delivery is to be treated as having been served on the third working day after posting whether it is received or not.
11.4. A notice sent by fax or email is to be treated as served on the day on which it is sent or the next working day where the fax or email is sent after 1600 hours or on a non-working day, whether it is received or not, unless the confirmatory copy is returned to the sender undelivered.
Executed by the Association by signing by 2 members of the committee
In the presence of:
Signed by the Tenant
In the presence of
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Conditions of Use
1. Trees
1.1. The Tenant shall not without the written consent of the Association cut or prune any trees, apart from carrying out the recognised pruning practices of fruit trees.
1.2 The Tenant shall not plant any trees other than dwarf fruiting trees, cordons or espaliers and these are to be kept to a maximum height of 10 feet.
2. Hedges and Paths
2.1. The Tenant shall keep every hedge that forms part of the boundary of his Allotment Garden properly cut and trimmed, all pathways between plots trimmed and well maintained up to the nearest half width by each adjoining tenant, keep all ditches properly cleansed and maintained and keep in repair any other fences and any other gates or sheds on his Allotment Garden.
2.2. The Tenant shall not use any barbed or razor wire (or similar) for a fence adjoining any path on the Allotment Site.
2.3. Public paths and haulage ways (roads) must be kept clear at all times.
2.4. All paths must be kept a minimum of 1metre wide.
3. Security
3.1. The Tenant shall be issued with a key/code/card to access the Allotment Site either by car or on foot. No replicas are to be made. No codes shall be passed to anyone other than the person authorised by the Tenant to work on his Allotment Garden under paragraph 5 of the Agreement.
3.2. The key/code/card is to be used by the Tenant only or by an authorised person under paragraph 5 of the Agreement.
3.3. The main access gate shall be closed and locked at all times. (For the protection of lone tenants and prevention of unauthorised visitors, the emergency services will be provided with keys). Please ensure that the gate is locked at all times after you enter and after you leave the Allotment Site.
4. Inspection
4.1. An officer of the Association if so directed may enter allotment gardens for inspection of the state of cultivation and general condition of the plot, sheds, , poly-tunnels and full access must be given by the Tenant to the officer at a mutually agreed, mutually convenient time.
5. Water/Hoses /Fires
5.1. The Tenant shall practice sensible water conservation, utilise covered water butts on sheds and other buildings and consider mulching as a water conservation practice.
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5.2. The Tenant shall have consideration at all times for other tenants when extracting water from water points. No hoses are to be used at any time.
5.3. The water will be turned off for the winter months from 31 October to 31 March.
5.4 No bonfires are permitted on the Allotment Site.
6. Dogs
6.1. The Tenant shall not bring or cause to be brought onto the Allotment Site a dog unless it is held at all times on a leash, and remains on the Tenant’s Allotment Garden only. Any faeces to be removed and disposed of off-site by the Tenant.
7. Livestock
7.1. The Tenant shall not keep any animals, livestock or poultry on the Allotment Garden.
8. Buildings and Structures
8.1. The Tenant shall not without the written consent of the Association erect any building or pond on the Allotment Garden. The Tenant may also require permission from the relevant planning authority.
8.2. Only glass substitutes such as polycarbonate, perspex or other alternatives may be used in any permitted structures.
8.3. The Tenant shall keep all sheds, greenhouses, polytunnels and other structures in good repair to the satisfaction of the Association.
8.4. Oil, fuel, lubricants or other inflammable liquids shall not be stored in any shed except in an approved container with a maximum capacity of 5 litres for use with garden equipment only.
8.5. The Council will not be held responsible for loss by accident, fire, theft or damage from Allotment Garden.
8.6. The digging of wells is not permitted on the Allotment Site.
9. General
9.1. The Tenant shall not deposit or allow other persons to deposit on the Allotment Garden any rubbish, refuse or any decaying matter (except manure and compost in such quantities as may reasonably be required for use in cultivation) or place any matter in the hedges, ditches or dykes in or surrounding the Allotment Site.
9.2. The Tenant must cover any manure on the Allotment Garden which has not been dug in.
9.3. All non-compostable waste shall be removed from the Allotment Site by the Tenant.
9.4. The Tenant shall not utilise carpets or underlay on the Allotment Garden.
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10. Chemicals, Pests, Diseases and Vermin
10.1. Only commercially available products from garden or horticultural suppliers shall be used for the control of pests, diseases or vegetation.
10.2. When using any sprays or fertilisers the Tenant must
10.2.1. take all reasonable care to ensure that adjoining hedges, trees and crops are not adversely affected and must make good or replant as necessary should any damage occur, and
10.2.2. so far as possible select and use chemicals, whether for spraying, seed dressing or for any other purpose whatsoever, that will cause the least harm to members of the public, game birds and other wildlife, other than vermin or pests, and
10.2.3. Comply at all times with current regulations on the use of such sprays and fertiliser.
10.3. The use and storage of chemicals must be in compliance with the all relevant legislation.
10.4. Any incidence of vermin (rats) on the Allotment Site must be reported to the association.
11. Notices
11.1. The Tenant will endeavour to maintain the plot number provided by the Association in good order and ensure it is visible at all times.
11.2. The Tenant shall not erect any notice or advertisement on the Allotment Site without prior consent of the Association.
12. Car Parking
12.1. Only the Tenant or persons acting for them shall be permitted to bring cars onto the site and they must be parked in the designated areas for parking shown on the allotment plan and not obstruct the haulage ways at any time.
 Delete as applicable, any deletions to be initialled by both the Association and the Tenant