THIS AGREEMENT is made the 1stday of April 2010
BETWEEN :
(1)WREXHAM COUNTY BOROUGH COUNCIL of Guildhall Wrexham LL11 1AY (‘the Council’) and
(2)??????????????????????????????????????????????(‘the Tenant’)
NOW IT IS AGREED as follows:
1Agreement to let
The Council agrees to let and the Tenant agrees to take the allotment garden at?????? Road allotment number??register of allotment gardens kept by the Council (‘the Allotment’) on a yearly tenancy from 1 April 2010at a rent fee as per invoice(the Rent)per annum in advance and at a proportionate rent for any part of a year over which the tenancy may extend.
2TheTenantagrees with the Council to observe and perform the following conditions and obligations:-
2.1Rent
To pay the Rent reserved, in advance and without deduction otherwise than allowed by statute on 1 April in each year. There will be no refund granted should a plot be relinquished.
2.2Use
To use the Allotment as an allotment garden only and for no other purpose and must not carry on a trade or business on or from the Allotment
2.3Cultivation
To keep the Allotment clean, free from weeds and well manured and otherwise maintain it in a good state of cultivation and fertility and must keep any pathway or cart-track included in or abutting on the Allotment (or, in the case of any pathway or cart-track abutting on the Allotment and any other allotment garden or allotment gardens, the half-width of it) reasonably free from weeds.
2.4Nuisance
Not to cause or permit any nuisance or annoyance to the occupier of any other allotment garden, or obstruct or encroach on any path or roadway set out by the Council for the use of the occupiers of the allotment gardens.
Must behave and ensure authorized visitors behave in a courteous manner at all times to other tenants, Committee members and representatives of the Council. Inappropriate behaviour towards any person will not be tolerated.
2.5Legal obligations
Must at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local, parochial or other bylaws, orders or regulations affecting the Allotment.
2.6Alienation
Not to sublet, assign or part with possession of the Allotment or any part if it without the written consent of the Council.
2.7Trees
Not, without prior consent, to cut any tree on the Allotment or nearby or take, sell or carry away any mineral, gravel, sand, earth or clay without the written consent of the Council
Must not plant any trees or fruit trees, or any crops requiring more than 12 months to mature, without the written consent of the Council. If permission is given tenants must ensure that they do not affect any other tenant’s allotment in any way. Fruit trees must be pruned regularly and must be kept within the confines of the tenant’s allotment. Trees must not be allowed to grow to a size that will mean their roots are on neighbouring plots.
2.8Boundary structures
2.8.1Must keep in good repair and maintain any fence and gates forming part of the Allotment
2.8.2Must keep every hedge abutting the Allotment cut and trimmed.
2.8.3Must use his best endeavours to protect any other hedges, fences or gates in the allotment field of which the Allotment forms part.
2.9Buildings
Must not erect any building on the Allotment without the written consent of the Council, consent for the erection of a garden shed/polytunnel or greenhouse may not be unreasonably withheld. All buildings erected must be structurally sound and made with appropriate material. The building must be approved by the Council. (The Council’s decision on what is structurally sound and appropriate material used will be final). Buildings that are allowed to go into disrepair must be refurbished/removed from the site by the tenant if the council deems them unsafe. The cost of refurbishment/removal will be at the tenant’s expense.
2.10Barbed wire
Must not use barbed wire or any other materials that may cause a danger for the construction of a fence line adjoining any path set out by the Council for the use of occupiers of the allotment gardens.
2.11Refuse
2.11.1Must not deposit, or allow persons to deposit, on the Allotment any refuse or any decaying matter, except manure and compost in such quantities as may be reasonably required for use in cultivation, or place any matter in the hedges, ditches or dykes in the allotment field of which the Allotment forms part or in adjoining land.
2.11.2Must set aside an area for composting waste material derived from the Allotment.
2.11.3Must dispose of non-compostable waste either off-site or in a designated area within the allotment field. No rubbish must be brought onto the site to be disposed of or burnt. If it is found that non compostable rubbish from outside the allotment site is deposited in the waste area by the Tenant then Notice to terminate this Agreement will be given to the Tenant.
2.12Dogs
2.12.1Must not bring any dog into the allotment field of which the Allotment forms part, or cause one to be brought in, unless the dog is held on a leash.
2.12.2Must remove forthwith and properly dispose of any fouling on the Allotment field by any dog in his/her charge. Failure to do so without reasonable excuse will be treated as a breach of tenancy conditions.
2.13Bonfires
2.13.1Not to light a bonfire on site. Every site has a designated area for disposal of waste.
2.14Livestock
Must not keep any animals or livestock of any kind on the Allotment, except:
(i)hens or rabbits to the extent permitted by the Allotments Act 1950 Section 12 for which prior permission in writing must be given by the Council.
(ii)bees for which prior permission in writing must be given by the Council.
2.15Sprays
2.15.1When using any sprays or fertilisers, the Tenant must ensure that the health and safety of allotment holders are protected at all times and that manufacturers instructions are followed for the use and disposal for the chemicals. As far as possible wildlife should be protected when using chemicals.
2.15.2take all reasonable care to ensure that adjoining hedges, trees and crops are not adversely affected, and must make good or replant as necessary should any damage occur, and
2.15.3comply at all times with current regulations.
2.16Advertisements
Must not erect any notice or advertisement on the Allotment.
2.17Admittance
Agrees that the Council shall have the right to refuse admittance to the Allotment to any person, other than the Tenant or a member of his family, unless accompanied by the Tenant or a member of his family.
2.18Disputes
Agrees that any case of a dispute between himself and any other occupier of an allotment garden in the allotment field shall be referred to the Council, whose decision shall be final.
2.19Firearms
No firearms including air rifles should be brought onto the allotment site or used on or around the surrounding area of the allotment site
2.20Keys
Must only hold one key for the plot and is not permitted to copy that key. The key must be returned to Crown Buildings when the plot is given up.
2.21Liability
To be responsible for all items and buildings on his/her allotment plot. The Tenant is responsible for ensuring that they have their own public liability insurance cover whilst on the allotment site and indemnify the Council against all claims costs and demands (including third party claims) arising out of the use and occupation of the Allotment by the Tenant.
2.22Numbering of Plots
To ensure that they have the number of their plot visible either in paint form or by other means.
2.23Security
Gates must be locked at all times to ensure the maximum security for the allotment site.
2.24 Hose Pipes
The use of hose pipes or pipework found to be connected to a water tank either temporary or permanentis strictly forbidden unless prior permission has been given from the Allotment Officer.
2.25Change of address
Inform the Council in writing within 7 days of any change of address and telephone number
2.26Yielding up
Must yield up the Allotment at the determination of the tenancy created in good condition and free of waste and inappropriate materials to the entire satisfaction of the Allotment Officer. The cost incurred by the Council for the removal of any items or materials left at the Allotment will be re-charged and payable by the outgoing tenant
2.27Inspection
Agrees that any officer or agent of the Council may enter and inspect the Allotment and any buildings/structure thereon at any time when so directed by the Council.
2.28Special conditions
Must observe and perform any special condition the Council considers necessary to preserve the Allotment from deterioration of which notice is given to the Tenant in accordance with clause 4 below.
3Determination of the tenancy
3.1Determination on death
This tenancy shall determine on the first yearly rent day after the death of the Tenant.
3.2Determination by notice
This tenancy may be determined by either party giving to the other 12 months’ previous notice in writing expiring on or before 6 April or on or after 29 September in any year.
3.3Determination where allotment appropriated
This tenancy may be determined by re-entry by the Council at any time after giving 3 months’ previous notice in writing to the Tenant on account of the allotment garden being required:
3.3.1for any purpose, other than use for agriculture, for which it has been appropriated under any statutory provision, or
3.3.2for building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes.
3.4Determination by re-entry on default
This tenancy may be determined by re-entry by the Council at any time after giving one month’s previous notice in writing to the Tenant:
3.4.1if the rent or any part of it is in arrears for not less than 40 days whether legally demanded or not;
3.4.2if it appears to the Council that there has been a breach of the conditions and obligations on the part of the Tenant contained in this agreement and
3.4.3if there should be a breach affecting cultivation of the Allotment contained in clause 2.3 aboveand at least 3 months have elapsed since the commencement of the tenancy; or if less than 3 months has elapsed and the tenant has failed to improve the plot within a 4 week period following notification, by letter, from the Council.
4Notices
4.1Any notice required to be given by the Council to the Tenant may be signed on behalf of the Council by the Chief Environment Officer and may be served on the Tenant either personally or by leaving it as his last known place of abode or by registered letter or letter sent by the recorded delivery service addressed to him there or by fixing in some conspicuous manner on the Allotment.
4.2Any notice required to be given by the Tenant to the Council shall be sufficiently given if signed by the Tenant and sent in a prepaid post letter to Chief Environment Officer at Crown Buildings, PO Box 1297, Wrexham, LL13 8ZE
AS WITNESS the hands of the parties hereto
SIGNED by the CHIEF ENVIRONMENT
OFFICER on behalf of )
WREXHAM COUNTY BOROUGH
COUNCIL
John Bradbury
SIGNED by the Tenantin the presence of:-
Signature of Witness: ......
Name (in block capitals):......
Address: ……………………………......
………………………………………………………………………………..
Occupation:......
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