Howden Allotments Association | Tenancy & Lease Agreement

Tenancy Agreement

The following rules in this agreement may only be altered by the Management Committee.
The Management Committee shall deal with any application for an Allotment Holder membership from a person living in the Township of Howden in strict date order of application.
The rental membership fees shall be fixed at the first meeting and subsequent Annual Meetings and will be due on 1^st. January for each year and paid within 21days, after which the plot will be re let.
When accepted and the rental membership fee paid that person shall be entitled to manage one allotment area and shall not sublet to any other person.
An allotment shall consist of an area of land of such size and shape as the Management Committee think fit.
No person shall have more than one allotment area if there is a waiting list for an allotment.
Rule 6 above shall only apply to persons joining after the date of formation of the Association.
Prior to the start of a tenancy the Association will ensure that the allotment plot is free from rubbish and litter and that the soil has been cleared of weed and has been cultivated to a reasonable state.
The Management Committee will ensure that there is a supply of water to the site from the public water supply for all tenants and pay the bill for useage.
The Management Committee will pay Drainage Rates as required under the Land Drainage Act 1991.
If an allotment holder dies then that person’s allotment shall not be re-allocated to any person within 2 months of the death. Any next of kin may make application to be the allotment holder of the deceased’s allotment irrespective of the waiting list. No additional rental membership fee shall be payable until the next due date. The Management Committee shall have the power to deal with any application under this rule.
The Management Committee shall have the power to inspect any allotment area and have the power to require the allotment holder to carry out work to put the allotment in question, in a condition acceptable to the Management Committee.
Any work required by rule 12 shall be put in writing to the allotment holder having responsibility for the allotment in question.
The allotment holder referred to in rule 12 shall have 2 months from the date of the notice to comply with the written notice.
The Management Committee shall have the power to extend the time referred to in rule 14 upon written application.
Any non- compliance with the rule 14 notice shall give the Management Committee the power to revoke the tenure of the member concerned and to carry out any work as required in the rule 12 notice.
A tenancy may be terminated if the tenant is declared bankrupt or entered into a deed of arrangement with, or compound with, creditors, or is in custody for a period exceeding 28days.
An Allotment Holder may not put any building, shed, greenhouse or the like on an allotment without having first obtained permission from the Management Committee. The application must be in writing to the chairman detailing purpose, construction materials and proposed siting of said structure. The applicant may also attend and speak at the Management Committee meeting considering the application.
The Management Committee shall also display a copy of rule 18 applications on the association notice board for at least 2 weeks prior to consideration.
Any allotment holder wishing to object to any rule 18 applications must give notice in writing to the Management Committee and to the applicant at least 7 days prior to consideration. Any objector may also attend and speak at the Management Committee meeting considering the application.
The Management Committee shall give 14 days notice of the date, time and place of any meeting at which the application is to be dealt with, to the parties in question.
If any allotment holder retires from the Association i.e. gives up his plot, they shall retain ownership of any item referred to in rule 18 and may remove it.
An allotment holder shall not keep any livestock, fowl, pigeons, cats, dogs or bees on the allotment. Any dog accompanying an allotment holder or visitor onto the allotment site shall be kept on a lead at all times.
An allotment holder shall not use barbed wire for fencing.
An allotment holder shall not take any 4 wheeled mechanically propelled vehicle, except for vehicles for the disabled, onto the site save for loading or unloading.
An allotment holder shall keep every hedge, that forms part of the boundary of the allotment garden, properly cut and trimmed, keep in repair all fences, gates and sheds, maintain all shared paths in any allotment area and will not obstruct any path set out by the Management Committee for the use of any other tenants.
An allotment holder shall not construct any pond or put any sunken bath on the allotment.
No allotment holder may hold November 5^th. celebrations, barbeques or like parties on site, other than those organised by the full Management Committee eg the Annual Open Day.
Tenants must not cause any nuisance or annoyance to the occupier of any other allotment plot or to occupiers of neighbouring properties eg smoke from fires.
No trees other than fruit trees are to be planted, which must be kept pruned to a reasonable height.
Plot holders must not cut or prune any timber or other trees to sell or carry away any mineral, sand or clay without the permission of the Management Committee.
Synthetic carpet must not be used as weed suppressants.
Materials for burning must not be brought onto the site nor must any plastic or synthetic materials be burnt on the allotments.
No access gates between plots must be locked without the written permission of the Management Committee to which a copy of the key will be provided.
Water is to be collected in water butts from roofs of garden structures where possible and the water supply may be used to top up water butts. No direct hosepipe watering is permitted.
The tenant may terminate their tenancy by giving one month’s written notice to the Management Committee. No refund on tenancy fees paid will be made.
Produce from the allotment is wholly for the consumption of the tenant and their families.

Howden Town Council

Agreement between Howden Town Council and Howden Allotments Association for the letting of land to be sublet fur use as allotment gardens

AN AGREEMENT made the 18th December 2012

BETWEEN

(1) Howden Town Council (‘the Council’) and

(2) Howden Allotments Association (‘the Tenant’)

WHEREBY

1. The Council agrees to let and the Tenant agrees to take for a term of 7 years from
1 January 2013 all parcel of land shown on the attached plan and shown coloured round with red at Hailgate in Howden and known as the Hailgate Allotments (‘the Allotments’) at a yearly rental (TBA) payable yearly in advance on 1st January in each year and without deduction otherwise than allowed by statute.

2. A bond of £400 (four hundred pounds) will be payable by the Tenant to the Council upon signing of this Agreement to be held by the Council. The bond (without interest) will be returned to the Tenant upon the expiry of the term or the earlier termination of the Agreement provided the terms of the Agreement have been followed. In the event of damage to fixed assets on the site – water supply, gates, boundaries, trackway – after the termination of the tenancy the cost of reparation will be deducted from the bond.

3. The Tenant agrees with the Council as follows:
3.1 The Tenant will be responsible for taking on and paying all water charges, drainage rates and other charges associated with the Allotments.
3.2 The Allotments shall be used solely for the purpose of allotment gardens and the distribution of seeds, fertilisers, tools and other items for gardening by the Association to its members. The Allotments shall not be used for the purpose of any trade, business or car parking, the keeping or rearing of chickens or other livestock; no building, shed or greenhouse shall be erected without the prior written consent of the Council (subject to such buildings being removed before the expiry of the term or earlier termination of the Agreement).
3.3 The Allotments shall be kept free from weeds and well manured and otherwise maintained in a proper state of cultivation and fertility and in good condition, and any pathway or trackway included therein or abutting thereon shall be kept in a reasonable condition.
3.4 No nuisance or annoyance shall be caused or permitted to the occupier of any other land and no obstruction or encroachment shall be caused or permitted on any path or trackway set out by the Council for the use of the occupiers of the Allotments.
3.5 No mineral gravel sand earth or clay shall be taken or carried away from the Allotments without the prior written consent of the Council.
3.6 The Tenant shall be responsible for the complete day-to-day running of the Allotments and shall let the individual allotment areas only to members of the Tenant Association who are residents of the parish of Howden, but shall maintain a list of potential allotment holders compiled in order of application and shall let any vacant plot in list order only. Any whole plot (as presently defined on the attached plan) which becomes vacant shall be split into two equal units and let accordingly, with the plot number and suffix A or B, and new members will be restricted to one half-plot only, for as long as there are names on the waiting list of potential allotment holders.
3.7 The Tenant will maintain all pathways and trackways serving the allotment gardens, and will maintain all the internal boundaries and gates to the site. The maintenance and trimming as necessary of any existing trees on site will be the responsibility of the Tenant.
3.8 The Tenant shall have authority and responsibility for the giving of notice to allotment holders for non-cultivation and/or non-payment of rent.
3.9 The Tenant shall be responsible for the collection of individual rents from the allotment holders.
3.10 The Tenant shall be responsible for keeping on risk public liability insurance to a minimum level of indemnity of £5,000,000.00 (five million pounds) and shall provide evidence of such insurance cover to the Council on initial signing of this agreement and with the payment of each annual rent.
3.11 The Tenant shall ensure that the Tenancy Agreement for each individual plot shall only be in the form of the Tenancy Agreement annexed hereto and no alteration to the Tenancy Agreement shall be permitted without the prior written consent of the Council.
3.12 The Tenant will keep the Council informed of any changes to the name and contact details being the home address, email address if applicable and telephone number of the Chair and Secretary of the Allotments Association as soon as they occur.

4. Any officer or agent of the Council shall be entitled at any time when so directed by the Council to enter and inspect the Allotments.

5. This Agreement may be determined:
5.1 By either the Council or the Tenant giving to the other 12 months’ notice in writing expiring on or before 6 April or on or after 29 September in any year.
5.2 By re-entry by the Council at any time after giving 3 months’ previous notice in writing to the Tenant on account of the land being required:
5.2.1 for any purpose (not being the use of the same for agriculture) for which they have been appropriated, or
5.2.2 for building mining or any other industrial purpose or for roads or sewers necessary in connection with any of these purposes.
5.3 By re-entry by the Council at any time after giving one months’ previous notice in writing to the Tenant:
5.3.1 if the rent or any part thereof is in arrears for not less than 40 days whether legally demanded or not, or
5.3.2 if it appears to the Council that the Tenant not less than three months after the commencement of this Agreement has not duly observed the conditions contained herein.
5.4 By re-entry without notice for non-payment of rent or breach of any term or condition of this Tenancy or on account of the Allotment Association being subject to liquidation.

6. The Council agrees with the Tenant as follows:
6.1 If the Tenant wishes to take a further Lease of the allotment gardens from the end of the term of this Agreement and gives to the Council not less than six months’ notice of that wish then, provided the Tenant has paid the yearly rental throughout the period of this Agreement and is not in breach of the terms of this Agreement, the Council must grant the Tenant a further Lease of the land for a term of seven years commencing on and including the day following the last day of the term of this Agreement on the same terms and conditions as this Agreement except as to the yearly rental (TBA) and this option for a further Lease.

7. Any notice required to be given by the Council to the Tenant may be given by sending by registered post or by the recorded delivery service a written notice by the Town Clerk of the Council or other authorised officer of the Council for the time being to the Chair, Mr P Moore of 4 Boothgate Close, Howden DN14 7EP, or the Secretary, Mrs P Blee of 111 Hailgate, Howden DN14 7SX, of the Howden Allotments Association, and any notice required to be given by the Tenant to the Council shall be sufficiently given if signed by the Secretary of the Allotments Association and sent by a prepaid letter to the Town Clerk of the Council at the Council office at 17 Bridgegate, Howden DN14 7AE.

IN WITNESS of which two members of Howden Town Council have pursuant to a resolution of the Council passed on 20 November 2012

SIGNED and DELIVERED this deed and the Howden Allotments Association has executed this deed the day and year first above written

SIGNED on behalf of the said Howden Town Council

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SIGNED on behalf of the said Howden Allotments Association

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