Forest of Dean Allotment Association

 

 

 Sample Tenancy Agreement

 

 

This Agreement is made the ____ ____ day of ___ ____in the year ________ .

 

 

BETWEEN

 

 

(1) the Forest of Dean Allotment Association (“the Association”) and

 

 

(2)                                                                                          

 

 

Of

 

 

(“the Tenant”)

 

(insert one full name only above)

 

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.  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 ___Whitecroft/Parkend
           (“the Allotment Site”)

numbered ________ on the Association’s 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 1st April at an annual rent[i] of £         which is payable to the Association by the Tenant on the 31st of March each year (“the Rent Day”).

 

3.2.  Six months notice of any rent increase will be given by the Association to the Tenant by September to take effect the following year.

 

3.3.  Mains water supply (if one exists) shall not 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.

 

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, also keep it free of hazards, e.g. broken glass or scrap metal etc., and reasonably free from weeds and noxious plants, in a good state of cultivation, 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 ancillary to the provision of crops for the family, but may not be sold directly from the Allotment Site.)

 

4.3.  The Tenant shall have at least ¼ of the Allotment Garden under cultivation of crops after 3 months and at least ¾ of the Allotment Garden under cultivation of crops after 12 months and thereafter.

 

4.4.  The Tenant shall not remove any mineral, gravel, sand, clay, earth or underground substances from the Allotment Site.

 

5.     Prohibition on Underletting

 

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 such conditions of use as shall be notified to the Tenant in writing by the Association, including the Association Handbook.

 

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 and/or website 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.

 

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 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. (However, in the event of the death of the tenant, a member associated with the plot, should have the option to take over the tenancy)  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[ii] 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 28 days notice in writing, or

 

8.1.6.      by re-entry if the rent and/or the Tenant’s Association Membership fee is in arrears for not less than one calendar month, 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.

 

8.1.9.       The tenancy of a plot will be withdrawn / terminated if the plot holder fails to respond to warnings about the standard of upkeep and maintenance of their plot.  The first warning may be verbal, warnings 2 and 3 shall be in writing.

 

9.     In the event of the termination of the tenancy the Tenant shall return to the Association 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 Association the plot has not been left in a satisfactory condition, any work carried out by the Association to return the plot to a satisfactory condition shall be charged to the Tenant (section 4 Allotments Act 1950).

 

10.  Change of Address

 

10.1. The Tenant must immediately inform the Association of any change of address, email address or telephone number.

 

11.  Notices

 

11.1. Any notice, where required to be in writing, should be delivered by hand or sent by Royal Mail “Special Delivery” or “Signed For”.  A notice may be sent by fax or email if a confirmatory copy is delivered by hand or sent by Royal Mail Special Delivery or Signed For 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 notice served on the Association should be sent to the address given in this agreement or any address specified in a notice given by the Association to the Tenant.

 

11.3. A notice sent by Royal Mail Special Delivery or Recorded Signed For 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.

 

The tenant confirms that he is aged 18 or over.  The tenant understands and accepts that his tenancy shall be subject to his remaining a member of the Association throughout the period covered by this agreement.

 

The tenant agrees to abide by the conditions of this tenancy agreement and by any allotment rules notified to the Tenant by the Association, including those in the Association Handbook.  Additional specific rules apply to Parkend and Whitecroft Allotment Sites and must be observed.

                                                                 

 

 

 

Signed by the Tenant:                                                                                                   

 

 

In the presence of (witnessed by):                                                                                 

 

 

Executed for and on behalf of the Association by:                                                          

Chairman/Treasurer/Site Rep/Secretary/ Membership Secretary

 

 

 

OFFICIAL USE ONLY:

 

It is confirmed that the Tenant is a paid up member of the Association for the tenancy year beginning 1st April _______.

 

Signed:                                                                                                                                                        

Membership Secretary

 

Date:                                                                                                                                                            

 

 

 

 

[i]Rent to be reviewed annually.

[ii]This period of notice only applies if the Association has been given notice to quit the Allotment Site by the landowner or his agent.

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