Allotment Tenancy Agreement
In this agreement, allotment means the sum of all areas of allotment land rented to you (including half of each adjoining path) and members of your family residing with you; tenant means you; and Council means Ealing Council.
1. Review of Charges, Services and Rules
The Council reserves the right to review this agreement and the charges for allotments and services as required. Before making any changes the Council will give you notice of such changes.
2. Tenancy, Payment of Rent and Termination of Tenancy due to Non-Payment
Allotments are leased annually from October 1st and payment is due in full within 40 days of receiving a rent application on or after October 1st. If you fail to pay, your tenancy may be terminated and the allotment re-let.
3. Assignment and Subletting
As tenant, you are responsible for the allotment and may not sub-let it or pass the tenancy on to anyone else, and you must notify the Site Manager or Allotments Manager if you intend to give up the allotment.
You may use the allotment for the cultivation of fruit, vegetables, flowers, herbs, bees, fowl and rabbits for non-commercial use and not for any other purposes. For the avoidance of doubt, sale of surplus produce in small quantities shall not be a breach of this clause.
You must keep the allotment in cultivation, keep weeds under control and maintain the soil in a healthy and fertile state at all times. If. after three months of the tenancy have expired since the start or renewal, the allotment is in a poor state of cultivation, the Allotments Manager may issue a notice in writing to you, giving four weeks for improvements to be made. If after this time, there is no evidence of increased cultivation, the Allotments Manager may, at his discretion, offer you a new tenancy on a smaller allotment. If you continue to fail to cultivate, your tenancy may be terminated.
Unless otherwise agreed, the Council is responsible for the upkeep of the roadways, hard standing, water supplies, fences and gates. It is your responsibility to report damage and vandalism to the Site Manager or Allotments Manager.
7. Paths and Ditches Surrounding Your Allotment
You are responsible for maintaining paths bordering your allotment in good order, healthy growth and free from obstruction. Herbicides may not be used on paths or path edges and a clear passage at least 1m wide must be maintained at all times. Where present, drainage ditches on your allotment must be kept in good order and clear of obstruction at all times.
8. Communal Hedges, Ditches and Other Features
You are jointly responsible with all other tenants for the general maintenance of the hedges, ditches, main pathways and other communal features of the allotment site. If maintenance is not properly carried out, the Council reserves the right to carry out such maintenance works and levy a charge to recover the costs incurred.
For your safety and the safety of others, you must ensure that gates are locked shut after you use them.
10. Sheds, Fences, Greenhouses, etc.
Sheds, greenhouses and other structures must be in keeping with the location and the purpose of allotments and must be sited considerately. All structures must be approved by the Allotments Manager before construction commences. Failure to obtain approval may result in the structure being removed at your expense.
No rubbish may be left anywhere on the allotments. The council may issue a fixed penalty notice (a fine) to anyone identified for littering or dumping rubbish.
Trees must be managed so as not to adversely affect the production of crops on neighbouring plots.
You may not make excessive use of water, tamper with the water supply or use a hose pipe unattended. You are responsible for reporting water leaks to the Site Manager or Allotments Manager. Where water is provided, the supply is normally available from April to October.
You may not light a bonfire when smoke may be carried into neighbouring properties or cause a nuisance to others, and you must extinguish the bonfire should these conditions arise. Do not leave a bonfire unattended whilst it is still burning. No material (including painted surfaces, plastic, rubber and bitumen) shall be burned that may give off noxious gases or pollute the soil.
Chemicals must be applied only in accordance with the manufacturer’s guidelines and must not be allowed to stray onto paths, communal areas or other allotments. Dip tanks and other communal water tanks may not be used to rinse containers used to hold chemicals. Do not spray on windy days. Ensure that all chemicals are stored in their original labelled containers.
You must not cause any undue nuisance or annoyance to any other tenant or to the occupants of any premises adjoining the allotment site, either through an action or through inaction, or through rude or offensive behaviour, whether through carelessness, ignorance, or persistent or deliberate action.
Any dog under your control must be kept on a leash at all times, must not be allowed onto any allotment but your own, and excrement must be removed from the site promptly.
You must not cut or prune any timber from the trees that belong to the Council or take sell or carry away mineral sand earth or clay without the written consent of the Council.
19. Barbed Wire
You must not use barbed wire anywhere on the allotment.
Any dispute between tenants must be referred to the Allotments Manager whose decision will be final.
Any member, officer or representative of the Council is entitled to inspect the allotment.
22. Special Conditions
You must observe and perform any special condition the Council considers necessary to preserve the Allotment from deterioration of which notice is given to you.
23. Legal Obligations
You must at all times during the tenancy observe and comply fully with all Acts, statutory instruments, local, parochial or other bye laws, orders or regulations affecting the allotment.
The Allotments Manager has the right to refuse admittance to the allotment to any person other than the tenant or members of the tenant’s family.
The Council may terminate your tenancy of the allotment at any time, giving 30 days’ notice in writing, if you fail to comply with any of the conditions in this agreement, except if the breach is of the condition or rule affecting the cultivation of the allotment, when at least 3 months must have lapsed since the commencement of the tenancy. In case of dispute, you should write to the Allotments Manager. The Council may terminate this tenancy agreement by giving you 12 months previous notice in writing expiring on or before 6 April or on or after September in any year. You may terminate the tenancy in writing giving 30 days’ notice to the Site Manager.
Any notice from the Council may be served on you either personally or by leaving it at your last known address or letter sent by recorded delivery or normal post or by fixing the same in some conspicuous place on the allotment. You must inform the Site Manager immediately of any change of address.
Any notice required to be given by you to the Council shall be sufficiently given if signed by you and sent in a post paid letter to the Allotments Manager, Parks & Countryside Service, Ealing Council, Perceval House, 14-16 Uxbridge Road, Ealing W5 2HL