A G R E E M E N T
between
SOUTH HOLLAND DISTRICT COUNCIL
and
for the Tenant of Allotment No.
situate in Fulney Road
Spalding in the County of Lincoln.
ALLOTMENT AGREEMENT
· AN AGREEMENT made this th day of , two thousand and nine BETWEEN THE DISTRICT COUNCIL OF SOUTH HOLLAND in the County of Lincoln (hereinafter called "the Council") of the one part and aforesaid hereinafter called "the Tenant") of the other part WHEREBY IT IS AGREED as follows :
1. The Council lets and the Tenant takes as from the 9th day of January 2009 Allotment Number in the Register of Allotments kept by the Council for the Fulney Allotments Spalding aforesaid containing one/half rood (more or less) at the rent specified in the Schedule hereto.
2. THE Tenant agrees :
(1) To pay the said rent at the time and in the manner specified in the Schedule hereto.
(2) To use the said plot as an Allotment garden and for no other purpose
(3) To keep the Allotment garden clean and in a good state of cultivation and fertility and in good condition
(4) Not to cause any nuisance or annoyance to the occupier of any other Allotment garden or obstruct any path or roadway set out by the Council for the use of the occupiers of the Allotment gardens or dig or cultivate any such paths or roadway
(5) Not temporarily or otherwise to undealt assign or part with the possession of the Allotment garden or any part thereof without the written consent of the Council
(6) To clean out any ditch in which the Tenant has deposited rubbish or other solid matter
(7) Not without the written consent of the Council to erect any buildings on the Allotment garden
(8) Not to use barbed wire for a fence adjoining any path or roadway set out by the Council for the use of the occupiers of the Allotment gardens
(9) To allow any Officer of the Council to enter and inspect the said Allotment garden
(10) Not to use more than one quarter of the Allotment garden for the growth of bulbs or flowers
3. THE Council agrees :
(1) To pay all drainage and other rates and taxes in respect of the said Allotment garden
(2) Subject to the provisions of clause 2 (6) hereof to keep every hedge that forms part of the Allotment field properly cut and trimmed all ditches properly cleansed and to repair any fence or gate provided by the Council on the Allotment field
4. THE tenancy hereby created shall continue until determined in any of the following manners :
(1) By the death of the Tenant in which event unless otherwise agreed in writing the tenancy shall terminate on the next ensuing halfyearly date
(2) By either party giving to the other twelve calendar months previous notice in writing expiring on either halfyearly day hereby fixed for the payment of rent
(3) By reentry by the Council at any time :
(a) If the rent or any part thereof is in arrear for not less than forty days whether legally demanded or not
(b) If it appears to the Council that there has been any breach of conditions and agreement on the part of the Tenant herein contained and provided that if such breach be of the conditions and rules affecting the cultivation of the Allotment garden at least three months has lapsed since the commencement of the tenancy
(c) If the Tenant shall become bankrupt or compounds with his creditors
OR
(d) On the determination of the tenancy or right of occupation of the Council of the said Allotment field
5. Any notices given by the Council pursuant to clause 4 hereof may be signed by their Director of Finance and Resources/Assistant Chief Executive for the time being and shall be sufficiently served if sent to the Tenant by post at the before mentioned address or left for him on the said Allotment garden
SCHEDULE
“The Rent”
1. Subject to the review provisions contained in Clause 2 of this Schedule the Tenant shall pay the rent of £40.00 per annum such rent payable in advance on the sixth day of April and the eleventh day of October in each year and so in proportion for any less than a year.
2. The Landlord may by giving notice to the Tenant not less than twelve months notice in writing expiring on either half yearly day hereby fixed for the payment of rent require the rent to be increased as from such half yearly day but so that no notice shall be served less than three years after the service of any previous notice pursuant to this Clause
IN WITNESS where of the Corporate Director of the said District Council of South Holland and the Tenant have hereunto set their hands the day and year first written
Andrew Petcher ) ......
Director.
WITNESS to the signature of
Andrew Petcher the Corporate
Director of South Holland District Council
Secretary ) ......
.
The Tenant. ) …………………………………
Witness to the signature of the Tenant
Richard Knock ) ......
Parks and Grounds Inspector
South Holland District Council,
The Council Offices,
Priory Road,
Spalding
Lincolnshire,
PE11 2XE.
Telephone No: 01775 761161 Ext 4491