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Tenancy Agreement - London Borough of Bexley

BEXLEY COUNCIL

ALLOTMENT TENANCY AGREEMENT

Tenants Name

Tenants Address

Date of Commencement of Agreement

Allotment Site

Plot Number

Size of Plot

Rent Per Annum

Rent Due

I hereby accept and agree to abide by the Conditions of Tenancy laid down by the Council as set out overleaf.

Signed by Tenant.      Date

The Council hereby accepts the above signatory as tenant upon the conditions set out overleaf.

Signed on behalf of the Council    Date

Council Conditions of Tenancy

1 The tenant shall: -
(a)(i) pay the rent referred to in the Agreement, or such other rent as the Council may from time to time determine, in advance on the first day of January each year:

(b)(i) maintain and cultivate the allotment garden in a clean, weed free and tidy condition.

(ii) cultivate the allotment garden to a minimum level of 25% at the end of three months tenancy and to a minimum level of 75% at the end of twelve months and failure without good reason to attain these levels within the stipulated times shall be deemed to be a breach of this condition;

(c) not grow on any part of the allotment garden, uncultivated blackberries;

(d) keep all paths adjoining the allotment garden free from weeds and rubbish;

(e) protect to the best of his ability all fences and walls belonging to the Council from damage;

(f)observe and comply with all terms, covenants and conditions contained in the Conveyance, Lease or Agreement (if any) under which the Council hold the land on which the allotment garden is situated, as well as any other special condition which the Council consider necessary to preserve the allotment garden from deterioration and of which notice in writing shall be given by the Council to the tenant;

(g)permit the Council, their officers and other persons authorised by the Council to enter and inspect the allotment garden at any time;

(h)quietly yield up the allotment garden to the Council upon the determination of the tenancy;

(i)not cause any nuisance or annoyance to the Council or occupier of any other allotment garden nor obstruct any path, road or access way on the land which the allotment garden is situated;

(j)not place or use barbed wire for a fence adjoining any road or path on the site;

(k) not interfere with or remove any hedges, fences, walls or boundary marks forming part of the allotment site;

(l)not without the previous consent in writing of the Council; -

(i) cut or prune any timber or other trees nor take, sell or carry away any mineral, gravel, sand or clay; and

(ii) erect on any allotment garden any building other than a shed or greenhouse not exceeding 2.45m (8ft) in height, 1.85m (6ft) in width and 2.45m (8ft) in length, constructed of suitable materials so as not to present an unsightly appearance.

(m) not assign, underlet or part with the possession of the allotment garden or any part thereof;

(n) take all reasonable precautions to prevent the entry of any animal into the allotment garden.

(o) take all reasonable precautions to prevent the entry of children under 16 years of age, unless accompanied by the tenant or a responsible adult acting on his behalf.

(p)not invite, and take all reasonable precautions to prevent, entry on to the allotment site by any member of the public who is not a current tenant on the allotment site or an immediate member of the tenants family living at the registered tenants home address or as authorised by the Council in writing to enter onto the allotment site;

(q) not bring on, and take all reasonable precautions to prevent others from bringing on, to the allotment site any rubbish or material inappropriate to the proper cultivation of the allotment garden, unless having obtained prior written consent from the Council;

(r)to maintain allotment site security by closing and locking the gate after entry or exit from the allotment site

2 The Council shall: -

(a) pay all the rates, taxes and other outgoings in respect of the allotment garden; and

(b) keep all boundary fences and walls belonging to the Council in a reasonable state of repair.

3 The tenancy hereby created shall continue hereafter on an annual basis until determined by: -

(a) the Council serving a Notice to Quit or Re-entry in accordance with the provisions of the Allotments Acts 1908 to 1950 and;

(b) the tenant giving the Council not less than one weeks notice in writing at any time.

The agreement will also be determined six months after the death of the tenant.

4 If the rent or any part thereof (whether legally demanded or not) is in arrear forty days or more after it has become due or if there is any breach of non-observance by the tenant of any of these conditions or if the tenant shall become bankrupt or compound with or make an assignment for the benefit of his creditors then notwithstanding anything to the contrary set out in these conditions, the Council may at any time thereafter re-enter upon the allotment garden and thereupon the tenancy shall cease.

5 Any notice to be given by the Council to the tenant may be served by being left at or sent to the last known place of abode of the tenant or by being left in some conspicuous place on the allotment garden.

01/06