Tenancy Agreement

AN AGREEMENT

Revised 2012

Between (1)
THE NEWTON ABBOT AND DISTRICT CO-OPERATIVE ALLOTMENT ASSOCIATION LIMITED     Reg. No: 480485    ("The Association")

And (2)
THE MEMBER (“Member/s”)

MEMBERS TERMS AND CONDITIONS OF TENANCY SHALL FORM PART OF THE ARTICLES OF ASSOCIATION OF THE NEWTON ABBOT & DISTRICT CO-OPERATIVE ALLOTMENT ASSOCIATION LIMITED


IN ACCORDANCE WITH THE ALLOTMENTS ACTS 1908-1950 & AGREEMENTS WITH THE LANDLORDS NEWTON ABBOT TOWN COUNCIL


Definitions: "Allotment" — A Plot of land rented to a member by the Association also referred to as an Allotment Plot or Plots as described in the Allotment Acts 1908 ~ Current Day)

"Member" - A person renting an Allotment from the Association on Local Allotment Authority Land or Private Land rented to the Association by the Local Authority

"Common Areas" - Areas used by all members e.g. main pathways and tracks, turning points, car parks etc, where grass requires cutting or regular maintenance is required but where no single Member is responsible for the area in question. Members are expected to join together to keep these areas properly maintained.

All Members having completed the relevant application forms and paid rents, deposits or fees as agreed therein will:

(1.0) Abide by the 12 month Probationary “Tenancy Agreement”, failure to cultivate to the level in the Tenancy Agreement during that time or breaking of any rules will result in eviction.

(2.0)  Keep the Allotment clean, rubbish free, well cultivated and fertile and in a good condition, with good weed control.

(3.0)  Be permitted to set aside 25% of their plot for the purposes of Bio Diversity. Members are also encouraged to refrain from using pesticides and slug pellets and to use peat free compost in line with the “Bio Diversity Guidelines” agreed at the 2012 AGM.

(4.0) Not sleep in sheds or any other structure or on the plot under any circumstances overnight.

(5.0) Not cause nuisance or annoyance to any other member, or obstruct the paths set out by the Association on the Allotments. Members who harass or cause nuisance or annoyance to other members may face Eviction under Articles 7A and or 12A of the Articles of Association.

(6.0)  Not sublet, assign or part with possession of the allotment or any part of it, without the written consent of the Committee.

(7.0)  Maintain the paths (i.e. strim or mow) to the right, top and bottom of the Member's Allotment.

(8.0) Not cut or prune timber (other than fruit trees), nor take, sell or carry away 
        any mineral, gravel, sand or clay. For resolution of dispute Quickset and
        Underwood are not timber.

(9.0) Keep any hedge bordering the top, bottom or side of their Allotment properly trimmed at least annually, keep all ditches open and properly cleaned.

(10.0)Not erect sheds or greenhouses with dimensions greater than 10ft D X 12ft W, with an internal height no greater than eight feet. Positioning must be agreed with the Field Manager and every effort made to ensure that the shade thrown across any adjoining plot/s is minimal. Any other construction whether it be - a greenhouse or shed larger than 10 feet X 12 Feet or a poly tunnel etc; may not be erected without the written consent of the Association, provided that consent is also given by the Landlords.

(11.0)Not use barbed or razor wire as a fence adjoining any path set out by the Association on the Allotments although it may be used for boundary fences.

(12.0)Not deposit or allow other persons to deposit any refuse on the Allotments, or place any matter in the hedges, ditches or dykes situate on the Allotments or on the adjoining land.

(13.0)Not bring any dog, or cause any dog to be brought, onto the Allotment fields unless the dog is held on a leash and under control of the owner at all times. All faeces deposited by any dog brought onto the land by the Member, must be removed by the Member. Should a dog attack or cause injury to any other Member, the Member bringing the dog or allowing the dog to be on the land understands that the dog will be banned from entry onto the Allotment field.

(14.0)Observe and perform all conditions and covenants contained in any lease under which the Association or the Newton Abbot Town Council holds the land on which the Allotment is situate.

(15.0)When using any sprays or fertilizers to - Take all reasonable care to ensure that adjoining hedges, trees and other members’ crops are not adversely affected. Should any damage occur the member must compensate or replant. Any chemicals used must be approved for garden use only, whether for spraying, seed dressing or any other purpose whatsoever and must cause the least harm to members of the public, game birds and other wildlife, other than vermin or pests.

(16.0)Comply at all times with current regulations.

(17.0)WILL NOT cultivate genetically modified crops, in accordance with a resolution passed by the Members of the Association at its 2000 Annual General Meeting.

(18.0) If introducing livestock to the allotment the member shall: Submit a letter of application and sketched plans to the Association, outlining any proposals for the keeping of bees, hens or rabbits. Based on the soundness and merits of each individual application, the Association will grant or deny permission provided that no special condition made under this paragraph shall have the effect of prohibiting or restricting the keeping of hens or rabbits, as provided for in Section 12(1) Allotments Act 1950.

a. Not neglect the animals and ensure that they are fed, watered and cared for during absence from the allotment i.e. holidays.

b.  Ensure that the animals are kept in a manner, which is not prejudicial to their health or well-being.

c.   Ensure that the animals are kept healthy and disease free.

d.  That should the member resign; any housing specially constructed for the keeping of bees/poultry and rabbits etc is either removed or passed to another member wishing to keep livestock.

e. Not keep any other animals on the land without the consent of the Association supported by the Newton Abbot Town Council.

f.  Ensure that vermin attracted by the keeping of animals i.e. mice are dealt with in a humane manner. Rats are automatically attracted to areas where poultry is kept and members must keep on top of this problem. There is only one tried and tested method – purchase good Rat Bait from Mole Valley Farmers, put it down under the hen house (which should be raised off the ground slightly) and under your shed if you have one to ensure that the hens and wild birds cannot eat it. Replace the Bait every day until it stops being taken. Then purchase a different brand from Mole Valley. Any surviving rats will have now be immune to the first brand hence the change of brand. All allotments are relatively close to housing estates and we cannot allow a problem to develop where members of the public can see rats running everywhere.

(19.0)To observe and perform any other special condition the Council considers necessary to preserve the Allotment from deterioration of which notice is given to applicants for the Allotment in accordance with these rules.

(20.0)To make arrangements for removal/sale of sheds, greenhouses, tools and crops within 28 days of the termination of the Tenancy Agreement between the Association and the Member. If the items are not so removed the Association may dispose of them as it sees fit. At no time is their safekeeping the responsibility of the Association. To return all keys for allotment gates, sheds or other allotment facilities upon resignation or eviction from his / her allotment plot.

(21.0)Not to cultivate illegal substances. Breach of this rule will lead to immediate eviction and the Member's name being given to the Local constabulary.

(22.0)In the event of a failure to cultivate the allotment to a satisfactory level, receive a “Lapse in Cultivation Letter”. Provided that the weather is reasonable the member will have a period of six weeks in which to bring the allotment back to a reasonable state of cultivation. Failure to do so may lead to eviction in accordance with current legislation.

(23.0)If a serious or continuous breach of Rules of Association occurs, continued “Non Cultivation” of a plot, nuisance, theft or suspected theft, harassment of other members, constant interference in Management Committee matters or failure to make “good use” of their plot within a 12 month period will result in Eviction in accordance with current legislation.

(The Association in Agreement with the Landlords have adopted the National Society of Allotment & Leisure Gardeners standard “Notice to Quit”)
                             
(24.0)Not light bonfires unless absolutely necessary. Non bio degradable materials i.e. plastic must be removed from the allotment field. Bio degradable material can be composted this only leaves diseased and non bio degradable material. If for some reason a bonfire be lit then it can only be lit after 4.00 PM and must not cause annoyance to any other member or local residents.

(25.0)By ruling of the Landlords and in accordance with Health & Safety Guidelines Petrol and Paraffin may not be stored on the allotment field.

Members Tenancy Agreement Revised - 17/05/2012