Council Information

Council Allotments


Tenancy Agreement : Henleys Allotments

AN AGREEMENT made this day of between the TOWN COUNCIL OF THATCHAM in the county of Berkshire (hereinafter called ‘the Council’) of the one part and:

Name:

Address:

Tel. No:


(hereinafter called ‘the Tenant’) of the other part.

  1. The Council agrees to let and the Tenant agrees to hire as a yearly Tenant from 1st April the allotment garden(s) numbered in the register of Allotment Gardens provided by the Council and each containing (a) 250 square metres or (b) 125 square metres or thereabouts at a yearly rental to be determined by the Council. Provided that any allotment garden is let after the 30th September in any year, half of the yearly rent shall be payable in respect thereof for that year.

 

  1. The Tenant agrees with the Council:
    1. To pay the said rent in advance. (The Council shall review such rent annually)
    2. All rent shall be paid by equal quarterly instalments payable in advance on the 1st day of April, 1st day of July, 1st day of October and the 1st day of January in each year. Nothing in these rules prevents payment of the rent annually in advance if the tenant so wishes.
    3. The first payment of rent shall be made before the Tenant goes into occupation of the plot.
    4. Pensioners are eligible for concessionary rent.
  2. The Tenant of an allotment garden shall comply with the following conditions:
    1. Entrance to the allotments shall be through either of the two lockable gates. These gates are to be kept locked immediately following access to and egress from the site. All keys to the allotment gates shall be returned to the Town Council upon termination of this agreement and deposits refunded. Deposits will not be refunded if the allotment is left in an untidy state.
    2. The Tenant shall keep the allotment garden clean and in a good state of cultivation fertility and in good condition.
    3. The Tenant will not cause any nuisance or annoyance to any other person including other allotment tenants or obstruct any path set out by the Council for the use of the occupiers of the allotment gardens.
    4. The Tenant shall not without the written consent of the Council, plant any trees which require more than twelve months to mature (Fruit bushes, miniature fruit trees not included).
    5. The Tenant shall not without the written consent of the Council cut or prune any timber or other trees or take sell or carry away any mineral gravel sand or clay from the site upon which his plot is situated.
    6. The Tenant shall not without the written consent of the Council erect any building, shed or other structure on the allotment garden.
    7. The Tenant shall not use barbed wire for a fence adjoining any path set out by the Council, for the use of the occupiers of the allotment gardens.
    8. The Tenant shall keep in repair the paths adjoining his plot to the middle of the paths and keep the grass cut.
    9. The Tenant shall not keep any livestock, birds or fowls of any description on any land to which this tenancy applies or other land which forms part of the allotment gardens.
    10. Dogs taken onto the allotments must be kept ON LEADS at all times. The tenant shall be held responsible for any damage incurred by said dog(s) whilst in the allotments. No other animals are allowed in the allotments under any circumstances.
    11. The Tenant shall not sub-let any plot or parts thereof without the consent of the Council.
    12. Theft of produce is illegal and strictly forbidden. If the tenant commits the offence of stealing produce or plants, or other property at the allotments, this agreement will be terminated forthwith.  Produce may not be removed from another plot without the permission of the plot holder concerned.
    13. The Tenant will not light a bonfire at any time.  However, incinerators will be permitted on plots but if these are used the tenant must follows the Town Council’s approved guidelines for such use.
    14. The use of hose pipes to drain water from the water butts is prohibited.
    15. Children on the allotment site must be accompanied by a responsible adult and be properly supervised at all times.
    16. The dumping of rubbish brought from home (including garden waste) or other items, unrelated to the cultivation of an allotment, is forbidden.
    17. Green waste generated from an allotment must be disposed of by:

·         Composting or digging in to the soil on the same plot

·         Incinerated (see I above)

    1. All other waste must be taken home and disposed of via the usual domestic refuse service.
  1. Power to Inspect Allotments

Any Officer of the Council or nominee of the Allotment Association shall be entitled at any time to enter and inspect the allotment garden.

  1. Termination of a Tenancy of an Allotment Garden

The Tenancy of an allotment garden shall, unless otherwise agreed in writing, be terminated in the following ways:

    1. Whenever the tenancy or right of occupation of the Council of the land upon which the allotment garden is situated comes to an end.
    2. Upon service by either party of a 12-month notice to quit in writing expiring on or before the 6th day of April or on or after the 29th day of September in any year.
    3. After the death of the Tenant.
    4. By re-entry to the Council if the rent is in arrears for not less than 40 days or if the tenant is not duly observing these rules or any other term or condition of his tenancy, provided the Council has served one month’s notice in writing on the tenant.
    5. In accordance with 3 (k) above.

6.  If the said rent is not paid within the time here-before provided, the tenancy shall be deemed to have been terminated and the Council may re-let the said allotment garden(s) WITHOUT GIVING ANY NOTICE EXCEPT AS REQUIRED AT CLAUSE 5 (d) to the Tenant and without any claim by the Tenant against the Council.

Signed: on Behalf of the Council


Signed: Tenant

 

 

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