Allotments Tenancy Agreement Oct 2024 - Sept 2025
This Agreement made the 01st day of October 2024 between the Parish Council of Deeping St James (hereinafter called the Council) and:
Name
Address
Deeping St James
POSTCODE
Telephone Number: TEL
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 2024, for year 1st October 2024 – 30 September 2025:
Rent: Half Plot £37 Full Plot £59
**Allotment Association membership £5 (paid annually, inclusive of all plots held).
* Tenancy Admin Fee £50
** 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 2025 - 30 September 2026:
Half Plot £38 Full Plot £61
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).
If a new tenant finds the work on their allotment is not what they anticipated, the tenant or Parish Council can activate an 8-week break clause from the Tenancy Agreement where the tenant can relinquish the plot for a 50% refund of the plot rent only.
4. The tenancy will end on the death of the tenant. A surviving family member may succeed the tenancy, at the discretion of the Council.
5. The Tenant’s Obligations:
5.1 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.
5.2 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.
5.3 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. Any violent or abusive behaviour or any illegal actions, including the cultivation of illegal substances, will result in an immediate termination of the Tenancy Agreement.
5.4 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.
5.5 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.
5.6 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.
5.7 The tenant shall permit the inspection of the plot at all reasonable times by any representative of the Council.
5.8 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.
5.9 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.
5.10 Rubbish and waste shall not be deposited ANYWHERE on the Allotment site. Tenants are expected to take their waste home or to the local LCC tip.
5.11 The site speed limit of 5 mph must be adhered to by all drivers.
5.12 The plot cannot be shared with another person without the written consent of the Council. Subletting is not permitted.
5.13 All cars should be parked in the car park, except for loading and unloading; or a parking space has been created within the boundary of the plot, with the Councils consent.
5.14 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.
5.15 Invasive Plant Species:
The growing of bamboo is prohibited.
Blackberries can be grown but must be kept under control.
Tenants should be vigilant to any invasive plants listed on the GOV.UK website and if any of these plants are found, follow GOV.UK advice
5.16 The use of poison for rat extermination on site is prohibited.
5.17 Tenants wishing to keep chickens on their plot, need to obtain prior consent and meet relevant criteria set by the Parish Council.
6. The Parish Council’s Obligations:
6.1 The Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment site.
6.2 To maintain an accessible water supply to plot holders, maintenance of boundary hedges and trees to the site and security gates.
6.3 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.
6.4 Any notice required by the Agreement to be given to the Council shall be delivered to or sent by post, email or telephone 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.
6.5 DATA PROTECTION - Your details will be kept confidentially and held by the Parish Council for the duration of your tenancy.
7. Procedure for non-cultivation or non- compliance of tenancy conditions for the benefit of all plot holders:
7.1 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 2 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.
7.2 A record will be held of all breaches of conditions for two years. Breaches will be managed via the procedure listed below:
1st breach = First warning letter, if not advised of any acceptable reason by the tenant or actioned in the required time scale, a Notice to Quit letter will be raised.
2nd breach within the two-year period = A request for an immediate resolution letter with deadline will be issued, if not followed a Notice to Quit will be issued.
3rd breach within the two-year period = a Notice to Quit will be served.
7.3 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.
8. Questions/Queries/Disputes
8.1 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.
8.2 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 …………...