Day Of 20
GARDEN ALLOTMENT AGREEMENT
Between
THE COUNCIL OF THE BOROUGH OF MIDDLESBROUGH
and
Concerning a Garden Allotment at site
Plot No:
RICHARD LONG
HEAD OF LEGAL SERVICES
MIDDLESBROUGH BOROUGH COUNCIL
ENVIRONMENT & COMMUNITY SERVICES
AN AGREEMENT made the day of 20 between the THE COUNCIL OF THE BOROUGH OF MIDDLESBROUGH of Municipal Buildings, Middlesbrough, TS1 2QQ (“the Council”) (1) and the person or persons named in the Particulars of this Agreement (“the Tenant”) (2).
1.0THE PARTICULARS
1.1The name and address of the Tenant:
1.2The number and description of the Allotment Garden is:
1.3The commencement Date of the Allotment Garden is:
1.4The amount of Rent (which is subject to variation) at the commencement date is
WHEREBY IT IS AGREED as follows: -
1.0LETTING
1.1The Council lets and the Tenant takes the allotment garden described in the Particulars (“the Allotment Garden”) from the Commencement Date specified in the Particulars to the 31st March next following and thereafter on a yearly tenancy (“the Tenancy”) SUBJECT to the terms and conditions set out later in this Agreement.
2.0RENT
2.1The yearly rent is the amount specified in the Particulars or any variation of that amount specified by the Council in its absolute discretion from time to time during the course of this agreement provided that the Council shall have given to the Tenant not less than two months previous notice of any variation (“the Rent”).
2.2.1The Rent is payable by the Tenant to the Council as follows namely for the period between the Commencement Date specified in the particulars and the 31st March next following the Rent is payable on the signing of this Agreement.
2.2.1.1One half of the Rent for any period more than six months or
2.2.1.2One quarter of the Rent for any period less than six months.
2.2.2Otherwise the Rent is payable in advance by annual payments on the first day of April in each year at the office of the Borough Treasurer or such other place as the Council may specify from time to time (except where the Council is obliged to accept the Rent at lesser intervals than one year).
2.2.3Any Rent that has become payable hereunder shall in the event of the termination of this Agreement howsoever the same shall be determined remain due and payable and if paid prior to the determination shall not be repayable.
2.3The Tenant shall pay by way of additional rent any moneys costs or expenses incurred by the Council at the request of the Tenant in carrying out on the Allotment Garden any cultivation.
3.0TERMS AND CONDITIONS AGREED BY THE TENANT
3.1The Tenant agrees with the Council to observe the terms and conditions set out in the Schedule to this Agreement.
4.0TERMINATION
4.1The tenancy shall determine on the occasion of any of the following events whichever is the earlier.
4.1.1Upon the death of the Tenant.
4.1.2Upon the day upon which the right of occupation of the Allotment Garden by the Tenant determines for whatever reason.
4.1.3by either party giving to the other twelve months’ previous notice in writing expiring on or before the sixth day of April or on or after the twenty ninth day of September in any year.
4.1.4by re-entry by the Council at any time after giving three months previous notice in writing to the Tenant on account of the Allotment Garden being required: -
4.1.4.1for any purpose not being the use of the Allotment Garden for agriculture for which it has been appropriated under any statutory provision or
4.1.4.2for building, mining or any other industrial purposes or for roads or sewers necessary in connection with any of those purposes.
4.1.5by re-entry by the Council at any time after giving one month’s previous notice in writing to the Tenant: -
4.1.5.1if the Rent or any part of it including any additional rent or any part of it is in arrears more than forty days whether legally demanded or not or
4.1.5.2if it appears to the Council there has been a breach of the conditions and agreement by the Tenant contained in this Agreement and provided that if the breach is of the conditions or rules affecting the cultivation of the Allotment Garden at least three months have elapsed since the commencement of the Tenancy or
4.1.5.3if the Tenant shall have become bankrupt or compounded the creditors of the Tenant.
5.0NOTICES
5.1Any notice required to be given by the Council to the Tenant may be signed on behalf of the Council by an authorised officer and may be served on the Tenant either personally or by leaving it at the Tenant’s last known place or residence or by letter sent by the Recorded Delivery Service addressed to that address or by fixing the notice in some conspicuous manner on the Allotment Garden.
5.2Any notice required to be given by the Tenant to the Council shall be sufficiently given if signed by the Tenant and either delivered personally to the Council at the office of the Borough Secretary or the Chief Leisure Services Officer for the time being or sent in prepaid post letter to the Council at the office of the Borough Secretary by the Recorded Delivery Service.
6.0HEADINGS TO CLAUSES
6.1It is agreed that the headings to the Clauses of this Agreement shall be deemed not to form part of the Agreement and shall be ignored in the interpretation of the provisions.
AS WITNESS the hands of the parties hereto the day and year first before written
SCHEDULE
Terms and Conditions to be observed by the Tenant
1.0RENT
1.1To pay the Rent without deduction at the time and place specified in Clause 2 of this Agreement.
2.0USE
2.1To use the Allotment Garden for the production of vegetables or fruit crops for consumption by the Tenant and the Tenant’s family.
2.2Not to use the Allotment Garden for the purposes of or in connection with any trade or business whatsoever whether carried on by the Tenant or a member of the Tenant’s family or by any other person.
3.0MAINTENANCE
3.1To keep the Allotment Garden clean free from weeds and well manured and otherwise maintain it in a good state of cultivation and fertility and good condition and keep any path or other case of any path or other access adjacent to the Allotment Garden and any other allotment garden or allotment gardens the half width adjacent to the Allotment Garden).
4.0NUISANCE
4.1Not to cause or permit any nuisance or annoyance to the occupier of any other allotment garden or obstruct or encroach on any part of other access set out by the Council for the use of the occupiers of allotment gardens.
5.0NOT TO UNDERLET ETC
5.1Not to underlet, assign or part with possession of the Allotment Garden or any part of it.
5.2Not without the prior consent in writing of the Council to cut or prune any timber of trees in or near the Allotment Garden or to take, sell or carry away any mineral, gravel, sand, earth or clay from the Allotment Garden.
5.3To keep every hedge that forms part of the Allotment Garden properly cut and trimmed, all ditches properly cleansed and maintain and keep in repair any fences and any gates on the Allotment Garden and to use his best endeavours to protect any other hedges and fences or gates situated in the allotment field of which the Allotment Garden forms part of any adjoining land and to protect any notice-board which has been or may at any time during the Tenancy be erected by the Council upon the Allotment Garden or the allotment field.
5.4Not to use barbed wire for a fence or other barrier adjoining any path or other access used by other person
5.5Not without the prior written consent of the Council to plant in the Allotment Garden any trees or fruit bushes or any crops which require more than twelve months to mature.
5.6Not to deposit on the Allotment Garden any refuse or any decaying matter except manure and compost in such quantities as may be reasonably required for the use in cultivation or place any matter in the hedges, ditches, dykes situated in the allotment field of which the Allotment Garden form part of the adjoining land.
6.0DOGS
6.1Not to bring or cause to be brought into the allotment field of which the Allotment Garden forms part any dog unless the dog is held on a leash.
7.0NOTICES
7.1Not to erect any notice or advertisement on the Allotment Garden.
7.2To permit the Council to refuse admittance to any person other than the Tenant or a member of the tenant’s family to the Allotment Garden unless accompanied by the Tenant or a member of the Tenant’s family.
8.0DISPUTES
8.1To refer any case of dispute between the Tenant and any other occupier of an allotment garden in the allotment field to the Council whereupon the decision of the Council shall be final.
9.0CHANGE OF ADDRESS
9.1To inform the Council forthwith of any change of the Tenant’s address.
10.0TO YIELD UP
10.1To yield up the Allotment Garden to the Council at the determination of the Tenancy in such conditions as shall comply with all respects with the terms and conditions of this agreement.
10.2To display the plot number of the Allotment Garden in a prominent position on a gate or fence to the satisfaction of the Council.
11.0INSPECTION
11.1To permit any officer or agent of the Council to enter and inspect the Allotment Garden at any time.
12.0SPECIAL AND GENERAL CONDITIONS
12.1To observe and perform any other special condition which the Council considers necessary to preserve the Allotment Garden from deterioration or to ensure good conduct of the Allotment Garden or to protect allotment garden holders generally and of which notice shall be given to the Tenant.
12.2To observe and perform the general conditions if any attaching to any of the Council’s allotment gardens or to any particular allotment garden within an allotment field published from time to time by the Council which shall be construed as terms of the Tenancy and in the event of any conflict between the general conditions and the terms of the Tenancy the general conditions will prevail.
13.0FENCES
13.1Not to erect fences or permit fences on the Allotment Garden in excess of the following heights.
13.1.1Within the area of the Allotment Garden on which buildings are permitted by the Council up to 5ft for solid fencing or 7ft for wire mesh.
13.1.2Elsewhere on the Allotment Garden up to 3ft 3 inches unless the Tenant has obtained prior consent in writing of the Council to the erection of fencing in excess of 3ft 3 inches.
14.0ANIMALS AND POULTRY
14.1Save as provided in Clause 14.2 hereof the Tenant shall not keep, permit or cause to be kept any animal or poultry on the Allotment Garden.
14.2The Tenant shall not keep cockerels nor shall any hens, geese, ducks, pigeons, rabbits, guinea pigs or bees or any of them be kept unless
14.2.1The Tenant has first obtained the consent of the Council to the keeping of any such animal or poultry and
14.2.2The Allotment Garden is designated as a unit for the keeping of such animals or poultry as notified to the Tenant by the Council and for the avoidance of doubt it is hereby declared that the Council may at its discretion designate any Allotment Garden for the keeping of any one or more of the animals or poultry referred to in Clause 14.2 hereof
14.3The Tenant may not keep any animals or poultry on the Allotment Garden for the purpose of or in connection with any business whatsoever involving the Tenant or a member of the Tenant’s family by any other person
15.0BUILDINGS
15.1Not without the prior written consent of the Council to erect any building on the Allotment Garden provided that the consent of the Council shall not unreasonably withheld for a building which is reasonably necessary for the purpose of keeping hens (but not cockerels) or rabbits for a building which is a shed or greenhouse provided that the Tenant complies with the following conditions.
15.1.1any application for the Council’s consent shall be made by the Tenant in writing stating
15.1.1.1the proposed purpose for which the Tenant requires the building
15.1.1.2the proposed position of the building within the Allotment Garden
15.1.1.3the proposed method of construction and proposed materials of the building
15.1.1.4the proposed dimensions of the building which are not to exceed any of the following dimensions
15.1.1.4.1in the case of all buildings the total external area at ground level enclosed by a building or buildings may not exceed one quarter of the total area of the Allotment Garden
15.1.1.4.2in the case of a building reasonably necessary for the keeping of hens (but not cockerels) or rabbits an external area of eight by eight feet and height of six feet to the eaves provided that where a hen run is included within these dimensions, the hen run must be constructed using open wire netting and posts to the Council’s satisfaction.
15.1.1.4.3in the case of a shed an external area of eight feet by eight feet and a height of six feet to the eaves.
15.1.1.4.4in the case of a greenhouse an external area of twelve feet by eight feet and a height of six feet to the eaves.
15.2Not to commence the erection of any building until the written consent of the Council has been received and to comply with all conditions subject to which the consent has been issued.
15.3To remove any building erected without the prior written consent of the Council forthwith upon being required to do so by the Council together with all debris arising from its removal and in the event of the failure of the Tenant to comply with this requirement, the Council may enter upon the Allotment Garden to remove or demolish the building and all debts arising from the removal or demolition all at the cost of the Tenant.
15.4For the avoidance of doubt the Tenant hereby admits that the Council is not obliged by this Agreement to consider any application for the construction of any building other than those buildings specified in this Clause.
15.5Not to sell any building upon quitting the Allotment Garden for any reason to a subsequent tenant without the prior consent in writing of the Council.
15.6Where prior consent in writing has not been obtained from the Council and a sale takes place the Council may require the Tenant or the purchaser to remove the building forthwith together with all debris arising from its removal and in the event of the failure of the Tenant or the purchaser to comply with the requirement, the Council may enter upon the Allotment Garden to remove or demolish the building and remove all debris arising from the removal or demolition all at the cost of the Tenant.
THE SCHEDULE
In the event of any provision contained in the Schedule hereunder shall conflict with any part of the foregoing Agreement then the provision in this The Schedule shall prevail.
AS WITNESS the hands of the parties hereto the day and year first before written.
SIGNED by the TENANT:______
in the presence of:______
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