Old Park Farm Garden Holders Association

This is the full tenancy agreement to be given to all garden holders in the next few days.  It is important that you read and understand it as there are several changes to it from the old agreement with which you will have originally been furnished.

TENANCY AGREEMENT FOR OLD PARK FARM ALLOTMENTS COMMUNITY INTEREST COMPANY.

With effect from 1^st OCTOBER 2016

Memorandum of agreement made on the 1^STOctober 2016 between the Old Park Farm Garden Allotments CIC (hereinafter called the landlords) by their secretary of the one part and (hereinafter called the tenant) of the other part.   Where the landlords agree to let and the tenant to agree to take upon a yearly tenancy from the date hereof. Determinable by either party, giving to the other twelve months notice, in writing to expire on the 30th^t day of September in any year, or whenever the tenancy or right of occupation is terminated.

The allotment situated at the Old Coach Road Bilborough in the City of Nottingham, number ……… containing …………square metres or thereabouts and numbered, at a yearly rent of   per square metres plus 8p water charges. (Subject to variation)

Payable on or before the 1^st October or a proportionate rent for any part of a year over which the tenancy may extend.

All new tenants will be subject to an initial 6 month tenancy agreement this will be automatically extended provided the tenant has complied with the conditions of the tenancy and not to the detriment of the association. Failure to do so will mean the tenancy will end. Any rental paid will not be refunded.

The tenancy is subject to the following stipulations.

1. The rent shall be paid by the 1^st October each year.
2. The tenant shall use the said premises for the purpose of an allotment only.
3. The tenant shall comply with the rules and regulations made from time to time by the landlords under the allotments acts of 1908 to 1950, or any statutory amendments or modifications thereof and such rules and regulations of which those in force at the date hereof, as set out in the schedule hereto shall be incorporated in this tenancy.
4. The landlords reserve themselves, their officers, and persons authorised by them, the right to enter at all reasonable times upon the said premises, to examine the state and condition thereof or for any other reasonable cause.
5. The tenant shall not underlet assign or part with the possession of the said premises, or any part thereof without first signing a memorandum of transfer as authorised by the landlords at the office of the association.
6. Upon termination of this tenancy, the tenant shall deliver to the landlords the demised premises in a proper state of cultivation.
7. If the reserved rent shall at any time after becoming due, or if any of the foregoing stipulations on the tenant’s part shall not be performed or observed. Or if the tenant shall become bankrupt or make any composition with his/hers creditors, it shall be lawful for the landlords any time thereafter to enter and take possession of the premises, and this tenancy shall be absolutely determinate.
8. If and when the said premises are required for any of the purposes named in paragraph b. c or d of subsection of section 1 of the following allotment act of 1922, the landlords may after three months previous notice in writing to the tenant take possession of the said premises and thereupon this tenancy shall be absolutely determined.
9. Any notice may be served on the tenant, either personally, by leaving it at his / hers last know address, by registered letter or by fixing the same in some conspicuous manner on the said premises.
10. Upon the termination of this tenancy, whether by notice to quit or re-entry, the provisions of the allotments act of 1908 to 1950, or modification thereof with the regard to the payment of any compensation by the landlords or by the tenant in an appropriate case, or in the right of set off shall apply.

The Schedule Referred to

1. Tenants are not allowed to transfer their tenancy to any other person. Any request to do so must be approved by both the secretary and the chairman in joint consultation. This may be refused at their discretion.
2. All tenants are expected to protect our environment. Rubbish should be removed regularly.  Carpets are not allowed as a weed suppressant. Any chemicals brought on site should be removed off site after use, do not store paints and varnishes, oils etc other than for immediate use.  Tyres, unused roofing felt, asbestos or any other toxic item should not be stored on site. The allotment should not be used as storage for any materials stored used in a private business. No domestic rubbish should be bought onto site to be stored or disposed of.
3. No caravans or mobile homes of any kind whatsoever shall be used as allotment sheds or buildings or be associated with any part of allotment gardens. On car parks, in avenues or any other part of Old Park Farm Allotments CIC land, (within its perimeters).
4. All gates belonging to gardens must have padlocks fitted and correct numbers fitted for identification purposes.
5. No livestock of any kind shall be kept in any allotment with the exception of beehives sited with the express prior permission of the secretary.
6. Dogs must be kept under control at all times and must not be allowed to foul common areas used by all allotment holders.
7. (A) All manure or such loads brought into any avenue must be removed into the garden within 24 hours. (B) No manure or such like loads of any kind whatsoever shall be placed or deposited in any garden so as to cause annoyance. (C) All vehicles are to be parked on the car parks provided, and not in the avenues unless loading or unloading.
8. All garden holders or persons entering the allotment site or part thereof, whether it be avenue, car park or garden, by foot, vehicle or any other means, do so at their own risk.  The association and its officers can take no responsibility for any loss damage or injury of any kind whatsoever.
9. (A) All hedges shall be properly and seasonally cut by the tenant and maintained in good condition. No hedging shall be removed without the permission of the committee.. Hedges will be kept to a height of 5-6 feet and 2 feet width.  Minimum height will be 4 feet.  (B) Should any tenant erect a fence next to his/hers avenue, such a fence shall be maintained and kept in good condition by the tenant at their own expense.  (C) All summerhouses, greenhouses tool sheds or other buildings shall be set at 4 feet from adjoining boundaries. Buildings can only occupy 30% of the garden.  (D) It is the tenant’s responsibility to keep that part of the avenue adjacent to the said or numbered garden in this agreement, tidy, clean and weed free at all times.  (E) All gardens shall at all times be kept in a proper state of cultivation i.e at least 50% should be under cultivation. Gardeners not keeping their allotments in a good state of cultivation will not be invited to re-lease the said allotment the following year.
10. Water usage. Our water is metered so hose pipes are not to be left unattended when connected to the tap; they are not to be used if leaking and are not to be used for any other purpose than for garden use. Ensure you have turned off the water before you leave site and removed the hose from the tap.
11. Garden fires are permitted on the second Sunday of every month and also bonfire week.  Fire dates will be displayed on the notice boards.  Under no circumstances will burning of plastics, rubber or any other material not associated with garden refuse be allowed.  Gardeners should be aware that they have individual responsibility for their fire and could face prosecution and risk having their tenancy terminated should they disregard this warning.  Pollution will not be tolerated under any circumstances.
12. No building shall be used as a residence, garage, pigsty, poultry house, and pigeon coop or for any other similar purpose nor as a place of public resort or entertainment.
13. Under no circumstances will theft be allowed, either from garden holders, the association or gardens waiting to be let.  An instant notice to quit will be issued to anyone contravening this regulation.  There will be no right of appeal.
14. Main gate keys must be returned to the secretary upon vacating an allotment by notice to quit or for any other reason.  If the main gate key is not returned to the secretary within 28 days of vacating the allotment, the association will retain the deposit. Main gate keys are the property of the association at all times and legal action could be taken for their recovery.
15. Tenants not complying with these rules and regulations shall be given notice of intention, with a minimum 14 days to comply.  Failure to do so will result in the issue of a notice to quit being issued.  28 days will be allowed to remove any belongings.  Any temporary buildings or contents left after 28 days shall become the property of the association and will be disposed of as they see fit.
16. Tenants notified under rule 15 have the right to appeal.

This agreement has been updated as of 1st October 2016; however its contents will come into effect from 3rd April 2016.