WSHA T&C Terms and Conditions

These Definitions, Terms and Conditions should be read in conjunction with the TENANCY AGREEMENT FOR ALLOTMENT GARDENS

Definitions:

1.   A Plot is up to 255m² or 0.0255 hectares, being 30 x 8.5 metres and numbered between 1 and 36 on in the Tenancy Agreement.

2.   A Half Plot is 15 x 8.5 metres and numbered between 1 and 36 on in the Tenancy Agreement with the addition of ‘A’ in the case of plots adjacent to the central path and in all other cases by ‘B’ after the number.

3.   Tenant shall be any person over the age of 18, who has been allocated a full plot or half plot. 

4.   Vermin includes wild animals which are believed to be harmful to crops or which carry disease, and which are not a protected species or are recognised as vermin by majority vote of the Allotment Committee

5.   Dog shall include male and female of the species.

6.   Child shall be any person who has not reached their 18th birthday.

7.   An Adult shall be any person who has reached their 18th birthday.

8.   Written Correspondence Address:

The Parish Clerk
Witham St Hughs Parish Council
Caraway Drive
Witham St Hughs
Lincoln
LN6 9XG

9.   Contact Email address:

parish.clerk@withamsthughs-pc.gov.uk

Terms and Conditions:

1.   The tenant will be issued a key to the car park entrance of the allotment and will pay a deposit of £10.00 (ten pounds) at the start of their tenancy.

2.   The tenant will pay a plot maintenance deposit of £100, at the start of their tenancy.

3.   If taking on an allotment garden between 1st October and 31st March, the tenant shall not pay the annual plot fee until the following April. 

4.   If taking on an allotment garden between 1st April and 30th September, the tenant will pay the full plot fee. (Half plot £25pa & Full plot £45 pa)

5.   The Clerk will issue annual invoices which should be paid in full by 31st March. Failure to pay your plot fee by this time could result in the loss of your plot.

6.   The tenancy may be terminated by either party to this agreement serving on the other not less than two months written notice to quit expiring on or before the 1st day April or on or after the 29th day of September in any given year. The committee would then consider upon receiving written notification of termination, a pro-rata refund.

7.   Any change in circumstances must be reported to the Allotment Committee within 30 days, i.e., Change     of address.

8.   There is no automatic right to inherit a plot or half plot.   

9.   The tenant shall during the tenancy comply with all the following obligations:

a.   keep the allotment fertile, strimmed, clean and in good condition.

b.   Shall use their key to unlock and lock the gates, making sure the big gate is kept always locked, the little gate to be closed but unlocked to maintain security.

c.   Not cause any nuisance or annoyance to any other tenant.

d.   Not keep livestock, poultry, or bees of any kind upon the allotment.

e.   No child shall be permitted on the allotment area except under the personal supervision of a responsible adult who will be an allotment holder or their representative. Any person over the age of eighteen (18), who is not an allotment holder should be in possession of a key or membership card and have the permission of the allotment holder.

f.   Any dog brought on to the allotment whilst the tenant is working on their allotment, must be securely held on a leash and any fouling removed. Tenants have a duty of care to each other and to visitors. At no time will the dog be left unattended or roaming freely

g.   Shall construct a fence no higher than one (1) meter height around their plot and not dig into the ground any wire mesh more than 30cm (12inches) deep.

h.   The tenant shall not reassign the tenancy, nor sub-let or part with the possession of any part of the allotment garden.

i.   Not place any matter in the hedges, ditches, or dykes or on any adjoining land

j.   Full plot holders shall cut and maintain in decent order a two-metre strip of grass, the central pathway, the width (8.5m) of their allotment, of the grass roadway and a one metre strip at the rear of their allotment and the width (8.5m). Half plot holders shall maintain one end only.

k.   Shall not obstruct or permit the obstruction of any paths on the allotment set out for the use of the tenants of the allotment gardens.

l.   No building or structure to be erected without the approval of the Committee. If consent is given, the maximum size will be 2.5m by 1.8m (8ft by 6ft); the committee first approving the design, type of construction material used, and the building must be purpose built. No material should be used that poses a risk to health and safety; for example, corrugated iron, barbed wire, glass (except for framed glass such as greenhouses or cold frames). Ensuring any structure does not cast a shadow on adjacent plots.

m.   Shall take all reasonable practical steps to ensure that the allotment is kept free from infestation by rats and shall also ensure that any method of control used is both legal and minimises risk to non-target species. No weapons or firearms shall be used by a tenant. If necessary, the field shall be closed for a period for vermin control.

n.   Shall permit the inspection at all reasonable times of the allotment garden by any member of the committee.

o.   Shall ensure that a minimum of 25% of the cultivatable area of the allotment garden is cultivated within the first three (3) months and a minimum of 50% cultivated within twelve (12) months of becoming a tenant and in all subsequent years. The tenant shall cultivate the allotment garden only to produce fruit, vegetables and flowers for domestic consumption by themselves and their family.

p.   Shall not store any combustible fuels of any type on the allotment.

q.   Will ensure any pesticides are stored in compliance with regulations pertaining to their storage and when being used to take care not to adversely affect members of the public, wildlife (other than vermin), pets, neighbouring plots, and boundaries.

r.   Will not plant fruit trees without the approval of the committee. If consent is given, the trees must be from dwarf root stock and maintained at a height not exceeding two metres (2m)

s.   All bush and tree branches must remain within the boundary of the host allotment and will not obstruct any pathways.

t.   Will ensure all water receptacles are stable, not sunken and have secure covers.

u.   Will not light any fires.

v.   Will make sure any compost refuse or decaying vegetation is contained and is kept within the confines of the tenant’s allotment.

w.   Shall not engage in or permit trading of any kind from or near the allotment site.

x.   Carpets and Tyres are not permitted on any plots.

10.   If the tenant shall have been in breach of any of the foregoing provisions of this agreement for a period of one (1) month or longer the committee will adopt its Enforcement Procedure, see below.

a.   The committee may re-enter upon the allotment garden and the tenancy shall thereupon come to an end but without prejudice to any right of the committee to claim damages for such breach or to recover any rent already due before the time of such re-entry but remaining unpaid.

b.   In the event of a temporary illness, it is with the committee`s discretion to either reduce the size of the plot, place them at the top of a waiting list for the future and/or to compensate them for loss of crops.

c.   If a plot holder does not maintain their plot as set out in 9 above, they are not entitled to compensation for crops or sheds etc and can be asked for compensation by the allotment committee to bring the plot up to standard. Deposits will be kept bringing the plot up to standard.

d.   The plot holder will be liable for any costs incurred by the parish council to clear the plot of any weeds, rubbish, or belongings when they vacate the plot.

11.   On termination of this tenancy the tenant shall be entitled to receive such compensation as is provided for by the Allotment Acts 1908 to 1950, or any subsequent Acts pertaining to such compensation, but if the tenant shall have been paid or promised any compensation by any incoming tenant of the allotment garden the tenant shall before claiming any compensation from the committee give to it notice in writing of the matters in respect of which any such compensation has been paid or promised.

12.   Any notice required by this agreement to be given to the committee shall be delivered to or sent by post to the secretary of the committee and any notice to be given to the tenant shall be treated as sufficiently served if left at or delivered by post at the address at the head of their tenancy agreement.

13.    These Definitions, Terms and Conditions may be altered at any time by a majority vote of the Allotment Committee, such alterations being notified to tenants by delivery to their registered address or e-mailed to their respective e-mail address during the term of the tenancy. These amendments will come into force within one month of being issued.

14.   The secretary of the allotment committee may sign any notice or agreement required to be given to the tenant on behalf of the Allotment Committee.

15.   The Parish Council are not responsible for insuring the contents of the Allotment Plots.

16.   Any Accidents/incidents are to be reported to the Allotment Liaison Officer (K Gandey), to be recorded in the accident book.

Reviewed