WALLINGFORD TOWN COUNCIL - ALLOTMENT AGREEMENT

AN AGREEMENT made on the 4th MARCH 2015 BETWEEN THE WALLINGFORD TOWN COUNCIL (hereinafter called “the Council” ) by …….. the Town Clerk of Wallingford of one part and ………. (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 1st April 2015 the plot of ground known as Plot No. 26 Fir Tree Allotment containing 10 poles or thereabouts (hereinafter called “the allotment”) at the rent payable in April each calendar year of £25 or at a greater or lesser sum to be fixed by the Council from time to time (AA 1922 S16(3) ).

2. The Tenant agrees :-

(a) To keep the allotment well cultivated and manured and related paths properly maintained and not to cause any annoyance to any other allotment holder by reason of his/her neglect.

(b) To pay the said rent (as from time to time determined) and all other outgoings attributable to the allotment at the time aforesaid clear of all deductions.

(c) Not to assign, underlet or part with possession of the allotment or any part thereof except with the prior consent of the Council in writing.

(d) To permit any Member or Officer or employee of the Council at the direction of the Council to enter upon and inspect the allotment at any time and from time to time.

(e) Not, without the prior written consent of the Council, to erect any building or fence on the allotment , provided that consent shall not be refused under this sub-paragraph to the erection of any building reasonably necessary for the purpose of keeping hens in accordance with the terms of Appendix I.

(f) To use his/her best endeavours to protect the fences or hedges immediately adjoining and/or abutting and/or enclosing the land of which the allotment forms part (hereinafter called “Allotments” ) and also any notice boards which have been, or may at any time during this tenancy be, erected upon the Allotments.

(g) Not to deposit or allow other persons to deposit upon the allotment any earth, road-sweepings, refuse or other material excepting only reasonable provision of compost and manure in quantities such as may reasonably be required and to ensure that all manure delivered for use on the allotment is moved onto the allotment within 7 days of delivery for immediate use in cultivation.

(h) To observe all Rules and Regulations relating to the Allotments which have been or may at any time hereafter be made by the Council or Agents and of which the Tenant may be notified.

(i) To ensure that bonfires do not cause a nuisance to adjoining properties or other allotments, and consist only of garden refuse from the allotment and are completely extinguished before the Tenant leaves the allotment.

3. The tenancy hereby created shall continue until determined in any of the following manners:-

(a) By either party giving to the other 12 calendar months prior notice in writing to expire on 4th April in any year or on the 29th day of September in any year.

(b) By re-entry by the Council after one calendar months prior notice in writing,

(i) If the rent or any part thereof is in arrears for at least 40 days whether legally demanded or not OR

(ii) If it appears to the Council that there has been any breach of any condition herein and provided that if such breach be of the conditions or rules affecting the cultivation of the allotment, at least 3 months have elapsed since the commencement of the tenancy OR

(iii) If the Tenant becomes bankrupt or compounds with his creditors OR

(iv) If the Tenant ceases to reside in the Parish of Wallingford.

4. Any notice given by the Council pursuant to Clause 3 hereof may be signed by the Town Clerk for the time being and shall be sufficiently served if sent to the Tenant by post at the beforementioned address or left for him/her on the allotment.

5. The Tenant shall be entitled to compensation on termination of the tenancy only in the event and to the extent prescribed by Section 2 Sub-Section 2 and 3 of the Allotments Act 1922 as extended by the Allotments Act 1950, but not further or otherwise.

6. The Council shall on termination of the tenancy be entitled to recover compensation from the Tenant by virtue of Section 4 of the Allotments Act 1950 in respect of any deterioration of the allotment or of the allotments caused by the failure of the Tenant to maintain the allotment clean and in a good state of cultivation and fertility.

7. CHILDREN – Children under the age of sixteen must be supervised at all times by a responsible adult and should not be allowed to roam the allotments either on foot or on bicycles.

8. DOGS - All dogs taken on the Allotments must be kept under owners’ control at all times. It is an offence under the Dog Fouling Land Act to allow your dog to foul on public land.

9. WATERING - Hand-watering is allowed. It is an offence to attach hose-pipes and other watering appliances to the taps or troughs. Failure to observe this requirement may result in your Agreement being terminated.

AS WITNESS the hands of the parties hereto the day and year before written.

Signed by the said ) ......

)

In the presence of )

(witness) )

Name:

Address: 9, St Martin’s Street,

Wallingford, OX10 OAL ......

Signed by the Said ) ......

)

Address...... ……………………………………………….

Daytime telephone number...... …………………..

Home telephone number...... …………………….

In the presence of witness (signature of witness) …………………………

Name of witness (please print) ...... …………….

Address of witness (please print) ……………………………………………

………………………………………….

APPENDIX I

ALLOTMENTS - KEEPING OF HENS

Under the Allotments Act 1950, Hens can be kept on Allotment Gardens, but not for trade or business, and as long as they are not a nuisance to other allotment-holders or surrounding residential properties.

The following conditions must be met:-

  1. A suitable wire fence must be erected to keep hens within a confined area. (At least 5 feet).
  1. A suitable roosting house must be provided.
  1. Arrangements must be made for the regular disposal of droppings.
  1. A pest-proof store must be provided for the storage of feed.
  1. Environmental Health expect that a monthly inspection will be made to ensure adequate rodent control.
  1. Items 1-4 must be in place before livestock is installed.
  1. Not more than 12 hens to be kept on any one allotment plot.
  1. The Council reserve the right to dispose of livestock without notice, if it appears to be neglected, or if these conditions are not met.

N.B. Permission is for “hens” not chickens”

Allot.agree Updated July 2008

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