(Plot number and site name)

AN AGREEMENT made the (Date)day of February Two Thousand and Eleven BETWEEN THE COUNCIL OF NORTH TYNESIDE (hereinafter called "the Council") by Paul Gowans, Head of Cultural and Customer Services of the one part and (Name and address) in the said Borough (hereinafter called “the Tenant”) of the other part.

WHEREBY:-

1.The Council lets and the Tenant takes (for the (Date)Day of February Two Thousand and Eleven to the thirtieth day of September Two Thousand and Eleven) and thereafter on a yearly tenancy from the first day of October Two Thousand and Eleven.

ALL THAT plot of ground in the said Borough being the Allotment Gardens numbered (Plot number) on the Group of Allotment Gardens known as (Site name) on the Council's Register of Allotment Gardens (which said plot of ground is hereinafter referred to as "the Allotment") SUBJECT to the exceptions and reservations contained or referred to in the Deed Lease of Tenancy Agreement (if any) under which the Council holds the land of which the Allotment forms part and EXCEPT AND RESERVED unto the Council the full right of passage and running of water and soil through all drains, channels and sewers in or under the Allotment YIELDING AND PAYING THEREFORE during tenancy yearly and proportionately for any fraction of a year the rents set out hereunder (the rent being deemed to accrue from day to day).

(a)For the first year of the tenancy up to the review date the yearly rent of £(Amount)

(b)For each successive year of the tenancy the open market rental value of the Allotment at the review date and the said rents shall be paid in full.

PROVIDED THAT for the purposes of sub clauses (a) and (b) it is hereby agreed that the following definitions and provisions shall apply namely

(i)The expression "open market rental value" shall mean such a rent as a tenant may reasonably be expected to pay for the Allotment if let for such use on the terms (other than rent) on which it is in fact let.

(ii)The expression "review date" means the first day of October in each year.

(iii)The open market rental value shall be determined by the Council and shall be specified in writing and sent to the Tenant at least twenty-eight days prior to any review date.

2.The Tenant agrees:-

(a)To pay the said rents at the time and in the manner aforesaid clear of all deductions.

(b)To use the Allotment as an Allotment wholly or mainly cultivated by the tenant for the production of vegetables or fruit crops for consumption by himself or his family and for no other purposes whatsoever and not to carry on any trade or business whatsoever therein.

(c)To ensure the Allotment is cultivated to a high standard and is kept clean and free from weeds at all times.

(d)Not to cause or permit any nuisance or annoyance to the occupier of any other Allotment Garden or obstruct or permit or suffer to be obstructed any path set out by the Council for the use of occupiers of Allotment Gardens.

(e)Not without the written consent of the Council first given to cut or prune any timber or trees or take, sell or carry away any mineral, gravel, sand or clay from the Allotment or permit any other person to do so.

(f)Not to use barbed wire for the whole or any part of any fence on the Allotment which adjoins any path set out by the Council for the use of occupiers of Allotments.

(g)At all times keep any ditches on the Allotment properly cleaned any hedges properly cut and trimmed and not to damage, injure or break down any hedges, fences or gates forming part of or adjoining the Allotment Gardens.

(h)Either on or adjacent to the Allotment to display the Allotment Number clearly and precisely.

(i)To keep all paths abutting on the Allotment free from weeds at all times provided always that where a path lies between two Allotment Gardens the Tenant of each shall keep the path from his Allotment Garden up to the middle of the path only free from weeds.

(j)Not to erect or cause to be erected any building on the Allotment without the written consent of the Council first given. In giving any such consent (which may be withheld without any reason being assigned therefore) the Council may specify the type, size, dimensions, colour, materials to be used in the construction of the said buildings and the Tenant shall erect any such building only in accordance with such specifications.

(k) Not to keep animals, poultry or birds of any description on the Allotment or in any building erected there without first obtaining the consent of the Council.

(l)To permit any person duly authorised by the Council to enter on and inspect the Allotment at any time.

(m)Not to assign, underlet or part with the possession of the Allotment or any part thereof.

(n) To have a duty of care to anyone who accesses the plot. The plot must be clear of hazards e.g. broken glass or scrap metal.

(o) To ensure that any garden chemicals (pesticides or herbicides) are legal, within date and securely stored.

(p)To observe and perform any special conditions which the Council may from time to time consider necessary to preserve the Allotment from deterioration and of which notice shall be given to the Tenant in writing.

3.It is hereby mutually agreed as follows:

(i)The tenancy hereby created shall continue until determined in any of the following manners:-

(a)by either party giving to the other twelve calendar months previous notice in writing to quit expiring on or before the sixth day of April or on or after the twenty-ninth day of September in any year.

(b)by re-entry by the Council at any time after one month's notice in writing left at the last known address of the Tenant if the rent shall at any time be in arrears for not less than forty days whether legally demanded or not or if the Tenant shall at any time fail to duly observe, perform and abide by any of the terms and conditions herein contained or referred to or if the Tenant shall become bankrupt or compound with his creditors.

(c)by the termination of the Tenancy or right of occupation of the Council.

PROVIDED ALWAYS that if the Allotment shall form part of any land required for any of the purposes mentioned in paragraphs (b) (c) and (d) of Section 1(1) of the Allotment Act 1922 as amended by the Allotment Act 1950 the Council shall have power to re-enter upon giving notice in writing in accordance with the provisions of the said Acts and the Tenancy shall be determined accordingly.

(ii)Any notice given by the Council pursuant to this Agreement shall be deemed to be sufficiently given if in writing and sent by post to the last known address of the Tenant or by affixing the same in some conspicuous manner on the Allotment comprised herein. Any notice given by the Tenant shall be sent in a pre-paid post letter to the Head of Cultural and Customer Services.

(iii)The consent referred to in paragraph 2 Sections (e) and (j) of this Agreement shall only be granted subject to the proviso that the operation of such consents shall not in any manner be prejudicial to health or a nuisance or affect the operation of any statutory enactment.

IN WITNESS where of the said Paul Gowans, Head of Cultural and Customer Services and on behalf of the Council and the Tenant have hereunto set out their hands the day and year hereinbefore written

SIGNED by the said

Paul Gowans for and)

on behalf of the Council in)

the presence of:-)

......

Head of Cultural and Customer Services

Quadrant West

The Silverlink North

Cobalt Business Park

North Tyneside

NE27 0BY

SIGNED by the said) Signature of

(Name)Allotment

in the presence of:-)Holder ...... ……..

Signature of Witness ......

Witness Address ...... ….

...... …

Witness Occupation ...... …

DATED______(Month) 2011

North Tyneside Council

AND

(Name)

AGREEMENT

for the letting of an Allotment Garden

Numbered(Plot number)

in the(Site name)

Group of Allotments in North Tyneside

Head of Cultural and Customer Services

North Tyneside Council