Allotments

This Agreement made the XX day of MONTH YEAR, between the Parish Council of Deeping St James (hereinafter called the Council) and:

Name

Address

Deeping St James

Postcode

Telephone Number:  Telephone

Email: email 

(hereinafter called the tenant) by which it is agreed that:

1. The Council shall let to the tenant, yearly, the Allotment Garden Numbered *** in the Council’s Allotment Register (hereinafter called the plot) being part of the allotments held by the Council at Hall Meadow Road, Deeping St James, PE6 8SG.

2. Payments due from 1st September 2022, for year 1st October 2022 – 30 September 2023:

Rent: Full Plot £55 Half Plot £35

**Allotment Association membership £5 (paid once for all plots held).

* New Tenancy Admin Fee £30

** From September 2021 all Tenants/plot holders will be required to become a member of the Allotment Association to ensure that appropriate Public Liability insurance cover is in place.

The tenant shall pay the yearly rent by the last day of September each year, to renew the agreement from 1st October. In the event of non-payment, the agreement will be terminated.

All payments to be made to Deeping St James Parish Council.

The Council will give 12 months’ notice of any rent increase for the following year.

Notice of rent increase for year 1st October 2023 - 30 September 2024:

Full Plot £57 Half Plot £36

3. The tenancy may be terminated by the Council by serving twelve month’s written notice to quit, or by the Council taking possession after one months’ notice:

a) If the rent is in arrears for more than 40 days.

b) If the tenant is not duly observing the conditions of the tenancy.

    or by the tenant giving three months’ notice in writing at any time (unless by agreement).

4. The tenancy will end on the death of the tenant. A surviving family member may succeed the tenancy, with the consent of the Council providing they were living in the tenant’s household at the time of the tenant’s death, and on the signing of a new Tenancy Agreement.

5. The tenant shall reside within the Parish of Deeping St James during the continuance of the tenancy (unless by agreement of the Parish Council).

6. The Tenant’s Obligations:

6.1 The tenant shall during the tenancy comply with the conditions set out below.  Failure to adhere to these conditions could result in notice to quit from the Parish Council. 

6.2 The plot shall be kept in good condition, reasonably free from weeds and at least 50% properly cultivated by growing only fruit, vegetables, and flowers for domestic consumption only by the tenant and their family. 

6.3 Tenants are responsible for ensuring that the behaviour of their visitors or themselves will in no way cause or is capable of causing nuisance, distress or annoyance to other plot holders, contractors or representatives of the Council.

6.4 Dogs are only allowed onto the allotment area if kept under proper control at all times. Any fouling shall be removed by the tenant/dog owner prior to leaving the allotment site.

6.5 One small wooden or metal shed and/or two small greenhouses or one small greenhouse and one small polytunnel, (meeting dimensions 6ft w x 8ft d x 7ft h each), may be erected on the plot providing that all structures combined do not take up more than 50% of the plot. The tenant shall not erect any other building or permanent structure without first obtaining the written consent of the Council.

6.6 Fencing, up to 1 metre in height may be erected along the boundary of the plot and must be maintained to a reasonable condition.  Barbed wire fencing is not permitted.  Any pathway or roadway abutting thereon to be kept reasonably free from weeds.

6.7 The tenant shall permit the inspection of the plot at all reasonable times by any officer of the Council.

6.8 Bonfires are permitted two hours before dusk subject to the following conditions:

I. Bonfires must be contained within an appropriate metal container.

II. Fires must always be kept to a manageable size and attended until extinguished. Any fire managed in an unsafe manner or producing excessive smoke will result in an instant notice and may lead to tenancy termination 

III. Only wood, bark and other plant matter produced at the plot may be burnt. The transfer and burning of any other waste is not allowed.

IV. Chemical fire accelerants are prohibited.

V. Have consideration for other plot holders; speak to your neighbours before having a bonfire and ensure any bonfire does not cause a nuisance to other plot holders. 

6.9 The tenant shall allow the neighbouring plot holder who holds the same numbered plot but designated either a or b, access across his plot for the purpose of access to the Allotments water supply where necessary.  The use of hose pipes or standing sprinklers from the mains water supply is not permitted.

6.10 Rubbish and waste shall not be deposited ANYWHERE on the Allotment site.

6.11 The site speed limit of 5 mph must be adhered to by all drivers.

6.12 The plot cannot be shared with another person without the written consent of the Council.  Subletting is not permitted.

6.13 The tenant shall ensure access roads are kept clear at all times, except for loading and unloading.  Plot holders that are wishing to create a parking space within their own plot should first gain the consent of the Council.

6.14 Trees. The planting of fruit and nut trees is permitted providing they are of a dwarf variety, not more than 2.5 metres (8ft) in height and do not encroach or throw shadows on a neighbouring plot.

Invasive trees such as elder and willow and non-fruit trees are prohibited.

6.15 Invasive Plant Species:

The growing of bamboo is prohibited.

Blackberries can be grown but must be kept under control.

Do not let the following species take root on your plot, as they could devastate the whole site. Japanese Knotweed, Himalayan Balsam, Giant Hogweed.  They can be introduced unintentionally by birds, people etc:

6.16 The use of poison for rat extermination on site is prohibited.

7. The Parish Council’s Obligations:

7.1 The Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment site.

7.2 To maintain an accessible water supply to plot holders, maintenance of boundary hedges and trees to the site and security gates.

7.2 If the tenant shall have been in breach of any of the forgoing provisions of this Agreement for a period of one month or longer, the Council may re-enter upon the plot and the tenancy shall thereupon come to an end but without prejudice to any right of the Council to claim damages for any such breach or to recover any rent already due before the time of such re-entry but remaining unpaid.

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

7.4 Any notice required by the Agreement to be given to the Council shall be delivered to or sent by post to the Clerk of the Council. Any notice to be given to the tenant shall be treated as sufficiently served if delivered to, left at or sent by ordinary post to the tenant’s address at the head of this Agreement.

7.5 DATA PROTECTION - Your details will be kept confidentially and held by the Parish Council for the duration of your tenancy.

8. Procedure for non-cultivation or non- compliance of tenancy conditions for the benefit of all plot holders:

8.1 All plots will be inspected in May and regularly throughout the year.

Tenants of plots not meeting the 50% cultivation definition, will receive a warning letter and will have 2 weeks to respond with their intentions and a further 4 weeks to bring the plot into 50% cultivation. If no response is received within the 2 weeks or the plot is not brought back into 50% cultivation and no extenuating circumstances have been reported to the Parish Council a notice to quit will be issued.

8.2 Should any other breach of tenancy occur, a 1st warning letter will be served, a further breach will result in a 2nd warning letter being served.  A further breach of the same or any other tenancy condition will result in a notice to quit being issued.

8.3 Should a tenancy be terminated either by the Tenant or by the Parish Council following the service of a notice to quit, the Parish Council holds the right to invoice the Tenant any reasonable costs incurred by the Council to return a plot to a reasonable standard to enable it to be re-let.  Failure to pay any costs may result in a case being pursued through the small claims court.

Any rents paid to the Council will not be refunded to the tenant should the tenancy be terminated by either party before the end of the annual rental period, for which it was paid.

9. Questions/Queries/Disputes

9.1 Any questions and queries are to be referred to Deeping St James Parish Council for attention as the landlord to your tenancy agreement and plot.

9.2 Any disputes between tenants, should try to be resolved amicably before referring to the parish council where Deeping St James Parish Council’s decision will be final.

Julie Fortnum

Proper Officer and Responsible Financial Officer

Deeping St James Parish Council

Signed by: TENANT……………………………………………….........        Date…………………

PARISH COUNCIL OFFICER ………………………………………….       Date ………………...