Quarry Road Allotment Association, Allotment Rules (27/09/09)
Interpretation
The ‘Committee’ means the elected committee of the Quarry Road Allotments Association (QRAA) operating under the procedures stated in the QRAA Constitution (copy available on request).
1. Tenancy and Lettings
a) The tenancy period for all allotments shall be an annual one commencing on the first day of October in any year. An allotment plot may be worked by one or more individuals, all of whom must be registered as tenants with the Secretary (QRAA). Tenants are responsible for paying the rent due on time, abiding by the Allotment Rules and also behaving in a generally sensible manner.
b) Tenants must also ensure that any person whom they invite onto the allotment site is aware of and abides by these rules. In particular tenants and their guests are responsible for the proper supervision of their children and for ensuring that dogs are suitably controlled and poop-scooped.
c) Should a tenant become unable to cultivate their plot tenancy may be passed to a close relative (spouse, partner, son, daughter) who lives in the area.
d) Allotment tenancies are granted on the understanding that tenants regard themselves capable of carrying out necessary works without causing themselves personal injury, taking into account all the possible risks of the site.
e) To allow allotments to be inspected, reasonable access may be required by members of the Committee.Notice of inspections will be posted on the site notice board.
f) The amount of annual rent required will be suggested by the Committee to the QRAA membership at the AGM for it to be agreed or modified. To maintain tenancy the tenant agrees to pay the appropriate rent in person on the date (or dates) notified on the site notice board. Alternatively, the rent may be posted to the Secretary. Cheques should be made payable to Quarry Road Allotment Association. If a receipt is required, a stamped addressed envelope must be sent with the payment.
g) The size and location of each allotment is shown on a plan maintained by the Committee. The Committee may make amendments to this plan when allotment plots become vacant.
h) All allotments are let solely for the purpose of the cultivation of vegetables or fruit for consumption by the tenant and their family and also for the growing of flowers and no other purpose whatsoever. Any building or construction on an allotment is regarded as the property of the tenant. Vacating tenants are responsible either for their removal or transfer to the incoming tenant.
i) Existing tenants may apply to the Committee to move to a vacant plot.
j) The Committee has the right to turn off the water supply to the allotment gardens at its absolute discretion. Where possible reasonable notice will be given.
2. General Conditions
The tenant shall:
a)Keep the allotment plot tidy, free from weeds, properly cultivated, fertile and in a good condition.
b)Not cause or permit any nuisance or annoyance of any nature to other tenants or owner or occupier of any adjoining land or dwelling house. (Note that tenants should only burn material if there is no other way for disposal (eg composting, council green bags, skip) and must take care that smoke does not cause a nuisance to other allotment holders or adjacent property).
It is a condition of the public liability insurance that the following precautions are observed when burning debris:
- Fires are to be in a cleared area at a distance of at least 10 metres from any property.
- Fires are not to be left unattended at any time.
- A suitable fire extinguishing appliance to be kept available for immediate use.
- Fires to be extinguished at least one hour prior to leaving the site.
c)Not encroach upon or obstruct any path or roadway set out for the use of tenants generally nor take any vehicle on to the roads or paths during adverse weather conditions when damage might be caused to the roads or paths. (Vehicles must not be parked on the roads or paths other than for short periods whilst loading or unloading heavy items eg Plant and machinery, bulky produce, manure, after which the vehicle must be immediately removed).
d)Not sublet, assign or part with the possession of the allotment plot or any portion of it.
e)Not take away any existing mineral, gravel, sand, clay or soil without the prior and written consent of the Committee.
f)Not carry out any trade or business on the allotment site nor sell any produce grown there.
g)Enter and leave the allotment site only by the gate/s provided.
h)Not to erect any building without the written consent of the Committee. Decisions made by the Committee not to be unreasonably delayed.
i)Not keep any animals, livestock or poultry on the plot. However beekeeping is permitted (rules available from the Committee on request).
j)Not plant any tree, bush or any crop which requires more than 12 months to mature without the prior and written consent of the Committee.
k)Not use any barbed wire (or other detrimental material) for any purpose adjoining any path, roadway or adjoining allotment nor cause adjacent plots to be shaded from the sun.
l)Not use any sprinkler or other unattended/automatic watering system. A hand-held hosepipe may be used. Tenants are expected to use water sparingly and responsibly. Tenants must not make changes to the site water distribution system without the prior and written consent of the Committee.
m)Not deposit (or allow others to deposit) any refuse or 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, paths and roadways on the allotment site.
n)Not cause or allow materials to be brought onto the allotment plot for burning or burn any toxic materials eg rubber, roofing felt, plastics, etc.
o)Comply fully with manufacturer’s instructions when using any weed killer and ensure that spray drift is prevented from reaching other plots.
3. Termination
The tenant may relinquish tenancy by giving notice in writing to the Secretary stating plot number, name and address and end date within the tenancy year, and signed by the tenant. In giving (or being given) notice the tenant loses any right to claim from the Committee a refund of any part of the rent paid or to claim compensation for any produce or structure left on the plot. The incoming tenant may take over the plot on the day following the end date.
On termination of the tenancy the outgoing tenant must leave the plot in a clean and tidy condition.
The tenancy may also be terminated by the Committee if:
a)The rent is in arrears by more than twenty eight days from the first annual rent collection date.
b)The tenant is not duly observing these rules or any other of the terms of the tenancy unless the Committee consider extenuating circumstances to apply.
Where reason (b) applies the Committee will first discuss the problem with the tenant to see if a mutually acceptable solution (agreed in writing should either party request it) can be reached. If this is not possible the following process will be invoked:
i) A Notice will be served upon the tenant by the Committee which will state the problem and request that they attend the next committee meeting. The tenant may bring another person with them to that meeting.
ii) After all points have been discussed, the Committee will askhim/her to leave and will vote on what course of action to take. A specified period of time may be given, in writing, to the tenant to bring the allotment into cultivation or to make other necessary improvements. After that period has elapsed the Committee will reconvene and once again vote on the course of action to be taken.
iii) If little or no progress has been made the Committee may decide to evict the tenant, in which case 30 day’s notice will be given, in writing, during which time the tenant will remove their personal effects. After that time anything left on the allotment will be forfeit.
The Committee will be quorate at all meetings and the chair will have the casting vote. For the purposes of this document ‘cultivation’ means that a minimum of 60% of the total growing space of the allotment is dug over for planting.
Notice may be served upon any tenant personally, or by leaving it at their last known address, or by Recorded Delivery or by affixing such Notice in some conspicuous place in the allotment plot.
Tenancies may also be terminated specifically or generally by Stockton Borough Council giving twelve months notice in writing expiring on or before 6th April or on or after 29th September in any year.
I agree to accept the tenancy of Plot/s No.on the conditions set out in the above rules.
Signed: Dated: