Local Environment
Angela Culleton, Assistant Director (Local Environment)Civic Centre, Carlisle, CA3 8QG
•Telephone (01228) 817000 •Fax (01228) 618550 •Typetalk 18001 01228 817000
TENANCY AGREEMENT FOR A PIGEON/POULTRY ALLOTMENT
Any information you give on this form will only be used for the purpose of allotment administration.
An Agreement made...... ……………………………..200..between THE COUNCIL OF THE CITY OF CARLISLE and
Mr/Mrs/Miss/Ms Name………………………………………………………………………………......
Address ……………………………………………………………………………………………......
………………………………………………………………………………………………….
Post code……………………………………. Telephone......
Email ......
The Council agrees to let and the Tenant agrees to take on the tenancy of the pigeon/poultry allotment:
Plot No ………………….. on the ...... allotment site from ……………………………………………………………………………………...... 20......
The tenant agrees to pay the rent due and abide by The Council’s Allotment Conditions, as detailed on the following pages.
The annual rent for the allotment is £ ………. This includes the water rate.
There is half-price rent for those over 60 or on a retirement pension on production of proof of age or retirement from full-time work. Please fill in your date of birth here so that this can be arranged for you when you reach 60.
Date of birth …………../ …………../ …………..
Signature…………………………………………………….………………Date ……………………..
(tenant)
Signature……………………………………………………… …………… Date …………………….
(For The Council)
You will need a copy of key no ...... from locksmith Buckle and Jones, Caldewgate, Carlisle
FOR OFFICE USE ONLY – ALLOTMENT ALLOCATED
Plot No ......
Site ......
Area ......
Date of commencement of tenancy ......
Charges
Annual rent£
Water rate £
------
Pensioner status Yes /No
Details of Proof
Charges to take effect from ......
...... Date......
For Assistant Director (Local Environment)
ALLOTMENT GARDEN CONDITIONS
- Throughout these conditions “the Council” means the Council of the City of Carlisle, “the Director of Local Environment” refers to the post holder for the time being and any subsequent or substitute post holder, “the tenant” means the person who has signed the Tenancy Agreement for an Allotment Plot, “the allotment” means the allotment plot allocated to the tenant as defined by plot no., site and area.
- Rent shall be paid YEARLY IN ADVANCE during the first week of the month of April in each year unless otherwise agreed in writing. From time to time the Council may increase the rent. Tenants must pay all rent due as detailed on the annual invoices from the Treasurers’ Department.
- The tenancy may be terminated in any one of the following ways:
Automatically on the thirty-first day of March next after the death of the tenant unless otherwise agreed in writing.
By the Council giving to the tenant twelve calendar months previous notice in writing expiring on or before the 6th day of April or on or after the 29th day of September in any year
By re-entry by the Council at any time after giving three calendar months previous notice in writing to the tenant on account of the allotment being required:-
(i)by the Council for a purpose (not being the use of land for agriculture) for which it was or may be acquires, or was or may be appropriated, under any statutory provisons or (ii) for building, mining or other industrial purposes or for roads or sewers necessary in connection with any of these purposes
By re-entry by the Council at any time upon giving one month’s notice:-
(i) if the rent or any part thereof is in arrears for not less than forty days whether legally demanded or not or
(ii) if it appears to the Council that there has been any breach by the tenant of the Conditions herein contained PROVIDED that if such a breach be of the conditions affecting the cultivation of the plot at least three months have elapsed since the commencement of the tenancy or
(iii) if it appears to the Council that the tenant has ceased to cultivate the allotment in accordance with the rules of good husbandry
(iv) if the tenant becomes bankrupt or compounds with his creditors or in the case of an association goes into liquidation
By the tenant giving to the Council six month’s notice in writing expiring on the 30th September or 31st March in any year, PROVIDED that if the tenant is desirous of determining his tenancy as provided in the clause he shall leave or send the said notice to the Director of Community Services, Civic Centre, Carlisle, CA3 8QG.
- On the termination of the tenancy the Council or the tenant as the case may be shall be entitled to the payment of compensation in accordance with the provisions of the Allotments Act 1908 to 1950, extracts from which may be inspected by the tenant at the office of the Director of Community Services.
- The tenant shall not underlet, assign or part with the possession of the allotment, or any part thereof in any circumstances whatsoever.
6.The tenant shall rent no more than three plots on one site at any one time. The tenant shall not rent more than a total of five plots in any of the Council’s allotment sites at any one time.
- On termination of the tenancy the tenant is responsible for the removal of structures and fixtures on the allotment unless transferring by prior agreement of the Council, to an incoming tenant. If the plot has not been cleared within 28 days of the date stated on the termination notice the Council reserves the right to clear the plot, to remove all such structures and fixtures and to charge the outgoing tenant for the clearance and removal.
- Any member or Officer of the Council shall be entitled at any time to enter and inspect the allotment when authorised by the Council
- The tenant shall not alter or change the existing locks on the allotment site gates.
10. The tenant shall not reside either temporarily or permanently on any part of the allotment site. The tenant shall not sleep overnight on the allotment site.
11. The tenant shall keep the allotment clean, free from weeds and otherwise maintain it in a proper state of cultivation and shall do or permit nothing which may be a nuisance or annoyance to owners or occupiers of neighbouring land.
12. No tenant will be allowed to transfer from one allotment to another, unless there are no applications for the site, on the waiting list.
13. The tenant shall not cause any nuisance or annoyance to the occupier of any other allotment or deposit any rubbish or litter or in any way obstruct any roadway or path set out by or on behalf of the Council for the use of the occupiers of the said allotments or in any way encroach beyond the boundaries of the allotment.
14. The tenant shall not permit any dog in his possession or under his control whether temporarily or otherwise to enter the allotment or any other allotment land provided by the Council unless on a lead.
15. The tenant shall not lop any branches from trees growing on land adjoining the allotment without written consent of the Council or take, sell or carry away any topsoil, mineral, gravel, sand or clay from the allotment.
16. The tenant shall exercise due and proper care in regard to the water supply (as applicable) so as to prevent waste and the Council reserves the right to shut off the water supply and to empty the pipes whenever deemed necessary owing to frost or other causes.
17. The tenant shall not injure, lift or interfere with any manhole sewer or drain and shall not injure or interfere with any property of the Council provided for the use of the tenant or any other tenant of the Council.
18. The tenant shall not erect any garages, pigeon lofts, poultry sheds, greenhouses, sheds or other structures upon the allotment or any part thereof except with the prior approval in writing of the Council and shall keep any building which is so erected in good order and condition, properly painted and maintained at all times and shall observe all the conditions imposed by the Council for such erections.
19. The tenant shall make and thereafter display and maintain a suitable board indicating the number of the allotment.
20. The tenant shall keep all hedges, ditches and pathways bounding or adjoining the allotment properly cut, trimmed, cleansed and weeded as the case may be and all stones and rubbish must be composted or buried on the allotment. No tenant will reduce the height of any fencing or hedge adjoining his allotment without prior written permission of the Council
21. The allotment may not be used for any purpose whatsoever other then cultivation unless it is on a site designated suitable for keeping pigeons and/or poultry. On such sites, a list of which can be obtained from the Directorate of Community Services, only pigeons or poultry may be kept. Where pigeons are kept this must be in accordance with the additional “Conditions Regarding the Erection of Pigeon Lofts on Allotment Sites” which are attached hereto. No other livestock of any kind may be kept on an allotment.
22. A tenant shall not erect any fencing, nor lay any permanent paths other than grass, nor plant any hedges on the allotment, without prior written permission of the Council.
23. Any notice to be served upon the tenant in pursuance of these conditions may be delivered to him personally or left at his last known place of abode or despatched by registered letter or by recorded delivery service to his last known place of abode or affixed in some conspicuous manner on the allotment and any notice so delivered, left, despatched or affixed shall be deemed for the purpose of such notice to have been received by the tenant.
24. CONDITIONS REGARDING THE ERECTION OF PIGEON LOFTS ON ALLOTMENT SITES
24.1 The tenant must not erect or alter any pigeon loft without the prior approval in writing of the Council, and each application for permission is to be considered in relation to the size and situation of the plot, but the size of any structure will not exceed 24ft (8m) in length, 8ft (2.60m) in width, or 9ft (3m) in height. In certain circumstances permission may be given for a pigeon loft and separate storage shed to be erected within the same total limit.
24.2 The tenant must keep the whole of the plot allocated to him in a proper state of cultivation, or in the case of grass, properly mown to the satisfaction of the Director of Community Services or his representative.
24.3 The tenant shall display and maintain a suitable board which indicates the number of his allotment.
24.4 The tenant shall not lay any permanent paths other than grass.
24.5 The tenant shall not plant any hedges around the plot allocated to him. Permission must be obtained before fencing can be erected; such fencing to be removed at the end of the tenancy unless transferring, by prior agreement with the Council, to an incoming tenant.
24.6 The tenant shall not alter or change the existing locks on the allotment site gates without prior approval of the Council.
24.7 The tenant must be a member of a recognised Homing Society and must produce a current membership card.
24.8 An application to erect a pigeon loft must be accompanied by plans showing its design, size and material of construction. The loft front must be painted in one of the following colour schemes: red and white, black and white or green and white, with the rest of the loft painted either black or white.
24.9 The tenant must inform the Director of Community Services once the construction of the loft is completed so that the final approval may be given on inspection of the site by the Director of Community Services or his representative.
THESE RULES GOVERNING THE CONTROL OF PIGEON LOFTS ARE IN ADDITION TO THE COUNCIL’S STANDARD TENANCY AGREEMENT CONDITIONS COVERING THE LETTING OF ALLOTMENTS (Amended by Council Minute No 1693 – 4th February 1980)
25.CONDITIONS RELATING TO THE KEEPING OF POULTRY ON ALLOTMENT SITES
These conditions are in addition to those of the standard Tenancy Agreement for a Pigeon/Poultry Allotment Plot. Guidelines for Keeping Poultry are part of and attached to this tenancy agreement. Failure to observe the minimum standards as outlined here will result in termination of tenancy.
25.1 The tenant shall be responsible for the health and welfare of any birds kept on their plot. This includes provision of food and water, suitable and well maintained housing, appropriate veterinary attention, avian companionship and freedom from vermin and predators.
25.2 The tenant shall only keep cockerels for breeding purposes. The tenant shall not permit any cockerel in his care to cause any nuisance or inconvenience to any occupier of any other allotment or any occupier or owner of neighbouring land.
25.3 The tenant shall not keep call ducks.
25.4 The tenant must not erect or alter any poultry shed without the prior approval in writing of the Council. This must accompanied by a sketch plan showing the dimensions of the proposed henhouse and its position on the plot. The tenant must first seek advice from the informal Cant Crescent allotment committee who are knowledgeable about poultry keeping. Contact details for committee members will be available from the Council’s Greenspaces Team. The committee will advise the relevant officers in the Council. Each application for permission will be considered with regard to the welfare of the birds and the location on the plot with regard to the proximity of neighbouring residents.
25.5 The tenant must ensure that all poultry housing and any other sheds etc constructed on the plot are at least 300mm (1ft) off the ground to safeguard birds from vermin and prevent rats from burrowing underneath.
25.6 Where perimeter fencing is installed around the plot to contain poultry, the tenant must ensure that it is maintained to a good tidy standard and with no obvious faults which could cause injury, either to the poultry or other plot holders. Fencing must be no higher than 1.8m (6ft). Fencing materials should allow a clear view of the interior of the plot at all times.
25.7 The tenant must ensure that every effort is made to keep rats/vermin to a minimum. Tenants are expected to contribute to the collective site fund for the purchase of rat poison and cooperate with any collaborative actions taken by other plot holders on the site to deal with problems arising from vermin. Recommended actions are included in the Guidelines for Keeping Poultry, which are part of and attached to this Tenancy Agreement. Failure to observe the minimum standards outlined here will result in termination of tenancy.
25.8 The tenant shall be responsible for ensuring that their livestock are free from distress, pain, injury and disease. The tenant must ensure that appropriate preventative and/or veterinary treatment is available at all times.
25.9 The Council reserves the right to inspect livestock at any time. If the Council has cause to investigate cases or complaints of maltreatment, costs of vets or other official inspections will be passed on to the tenant for payment. Any such cases may be reported to the Royal Society for Prevention of Cruelty to Animals, initially for advice on how to remedy the situation.
GUIDELINES FOR KEEPING POULTRY
If you keep poultry on your plot you must check on them daily, provide competent care and management and have the knowledge and skills to ensure their well being. These Guidelines have been produced in line with RSPCA recommendations, but are very basic. You are strongly recommended to seek further information.
Feed
Poultry should be fed daily. Only food sufficient for one day should be put out at any one time.
Poultry should have continuous and plentiful access to:
-Cool, clean and fresh water
-Feed of a type appropriate to the age and species of bird, fed in sufficient quantities and sufficiently frequently to maintain them in good health and satisfy their nutritional needs
-Insoluble grit to aid digestion
Housing
Poultry should be provided with a henhouse. This must be of a minimum size of 0.2sqm (2 sqft) per bird and must be a fully enclosed shelter that provides:
-Protection from predators
-Clean, dry bedding material to absorb moisture and odour eg wood shavings or straw
-Warmth during the colder months
-Shade during the summer
-Adequate, draught-free ventilation
-Perches for sleeping, approximately 30-50mm wide with rounded corners to enable grip
-Nest boxes for laying eggs
Poultry should be provided with an outdoor run of a minimum size of 0.4sqm (4sqft) per bird.
This should provide plenty of space for birds to dig, dust themselves and flap their wings.
Both henhouse and run should be regularly maintained to a good tidy standard and free from obvious faults that may cause injury to the poultry. Where there is no clearly defined run on the plot, the perimeter fencing must be properly maintained.
Henhouse and run should be cleaned a minimum of once a week or more frequently if necessary. Bedding and manure must be disposed of in a suitable fashion
Health
The welfare of your birds is your responsibility. Poultry must be free from distress, pain, injury and disease.