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Tenancy Agreement - London Borough of Croydon

LONDON BOROUGH OF CROYDON

Allotment Acts 1908 to 1950

ALLOTMENT AGREEMENT

An Agreement made this between the MAYOR and BURGESSES OF THE LONDON BOROUGH OF CROYDON (hereinafter called the Corporation) of the one part, and         (hereinafter called the tenant) of the other part. The Corporation agrees to let as from        to be used by the tenant as an allotment garden, and the tenant agrees to hire the Allotment Number .. provided for/by the London Borough of Croydon, and containing    square metres (or thereabout), situated at        Allotments code number (..) (hereinafter called the Allotment), at the yearly rent of *£3.70 per 25m2 AND a proportional rent for any period less than one year over which the tenancy may extend subject to the following conditions

THE TENANT SHALL:

  1. Keep the allotment garden clean, in good condition and in a good state of cultivation and fertility. Suitable cultivation is considered as:
    1. At least ¼ cultivated within the first 3 months of commencing the tenancy
    2. More than ¾ cultivated within the first 12 months;
  2. At all times keep free from obstruction a margin of at least 23 centimetres (9 inches) wide on all sides of the plot, and is responsible for maintaining this, so as to allow the provision of an inter-plot footpath of at least 43 centimetres (18 inches) wide between the Allotment and other allotments adjacent thereto;
  3. Not cause any nuisance or annoyance to the occupier of any other allotment, or obstruct any path set out by the Corporation for the use of the occupiers of the Allotments, nor plant any trees, shrubs or plants likely in the opinion of the Corporation to be injurious to the Allotment or other Allotments;
  4. Not use any hosepipe for the purpose of obtaining water from the Corporation's supply (other than in accordance with such rules as the Corporation may establish from time to time), and shall pay the Corporation for the use of water supplied to the allotment the sum of 20p per 25m2 per annum (already included as part of rental);
  5. Not underlet, assign, or part with the possession of the allotment, or any part of it, without the written consent of the Corporation;
  6. Not, without the written consent of the Corporation, cut or prune any timber of trees, or take, sell, or carry away any mineral, gravel, sand or clay;
  7. Keep every hedge that forms part of the allotment garden properly cut and trimmed, and maintain and keep in repair any fences and gates on the allotment garden;
  8. Not erect any buildings in excess of 6 foot in height, 4 foot in width, and 6 foot in length without the written consent of the Corporation. Any buildings will be the tenant's responsibility and must be maintained at all times in a safe, secure, neat and tidy condition. The Council may at any time withdraw permission on due notice being given and the structure shall be removed at the tenants expense upon this notice, or termination of the agreement. No material of a permanent nature must be used in the construction of the foundation;
  9. Not use barbed or razor wire for a fence adjoining any path set out by the Corporation for the use of the occupiers of the allotment gardens;
  10. Not dispose of any rubbish on any part of the allotment site. Rubbish must be disposed of correctly. Vegetation or organic matter should be composted where possible; other rubbish is to be disposed of in the skips provided. Under no circumstances must rubbish be deposited on any other part of the allotment site;
  11. Not light bonfires on the allotment site;
  12. Take proper precautions when using sprays or fertilisers to minimise any adverse effects on the environment and comply at all times with current regulations;
  13. Not conduct any trade or business on the allotment garden or any part thereof;
  14. Observe and perform, so far as they concern the allotment garden, all covenants and conditions of the lease (if any) under which the Corporation hold the land;
  15. Observe and perform any other special condition which the Corporation may consider necessary in order to preserve the allotment garden from deterioration, and of which notice is given to tenants from time to time;
  16. DETERMINATION OF THE TENANCY:

    (Your right to compensation in the event of the Council needing to close a site)

  17. In the event of the Tenancy being determined by the Corporation by reason of the determination of the Corporation's tenancy of the Allotment, or in the event of the tenancy being terminated by the Corporation in accordance with paragraph (a) or (b) of condition 20 hereof, the Tenant shall be entitled to recover from the Corporation compensation for crops growing upon the allotment and for manure applied to the land, any sum due to the Corporation from the Tenant in respect of rent or compensation for deterioration of the Allotment shall be taken into account in the reduction of the compensation payable to the Tenant. Save as aforesaid no compensation shall be payable to the Tenant by the Corporation;
  18. In the event of the Tenancy being determined by the Corporation by reason of the determination of the Corporation's tenancy of, or right to occupy the allotment, or in the event of the tenancy being determined by the Corporation in accordance with paragraph (b) of condition (20) hereof, the Tenant shall be entitled to recover from the Corporation compensation for disturbance of an amount equal to one years rent of the Allotment at the rate at which rent should be payable immediately before the termination of the Tenancy, or a proportionate part thereof when the Tenancy is determined as to only a part of the allotment.
    The Tenant may before the determination of the Tenancy remove any fruit trees or bushes provided, planted or acquired by him, levelling the surface of the land and restoring the same to a proper state and condition and making good injury caused by such a removal.
  19. A full year's rent shall be paid annually by the Tenant in advance on the first day of October each year, for the year commencing on the first day of October ending the thirtieth day of September; provided that in the event of the Tenancy being determined by the Corporation on any day other than the thirtieth day of September the Corporation shall repay to the Tenant a proportionate part of the amount overpaid by him in respect of the residue of the current year;
  20. Any member or Officer of the Corporation shall be entitled at any time when directed by the Corporation to enter and inspect the Allotment;
  21. The Tenancy shall determine:
    1. On the expiration of twelve months notice in writing to be given by the Corporation or by the Tenant;
    2. By re-entry after twelve months previous in writing given by the Corporation to the Tenant on account of the Allotment or any part thereof being required for building, mining or any other industrial purpose, or for roads or sewers necessary in connection with any of these purposes, or any purposes (not being the use of the Allotment for agricultural purposes) for which it was acquired or appropriated;
    3. By the re-entry if the rent shall be in arrears for more than forty days, or if the Tenant shall become bankrupt or shall compound with his creditors;
    4. By re-entry if it shall appear to the Corporation that the Tenant not less than three months after the commencement of the Tenancy shall not have duly observed these conditions or the Rules for the time being affecting the Allotment.
  22. Any notice given by the Corporation shall be sufficient if signed by the Chief Executive OR other authorised Officers and left at or sent by recorded delivery to the Tenant's place of abode as appearing in the said register of allotments and any notice to be given by the Tenant shall be sufficient if signed by the tenant and left at or sent by recorded delivery to the Allotment Officer, Environmental, Cultural & Sport Services, 1st Floor, Davis House, Robert Street Croydon, CR0 9QQ.
  23. I hereby agree to comply with the above rules and regulations

    SIGNED______________________________________ DATE____________________

    WITNESS (should not be a family member or someone residing at the same address as the tenant)

    NAME__________________________________ ADDRESS_______________________

    _______________________________________ SIGNED_________________________

    NOTE : The above conditions may be varied from time to time by Rules made by the Corporation under the Smallholding and Allotments Act, 1908 and confirmed with the Department for the Environment, Food and Rural Affairs (DEFRA)

    *Or such other yearly rent as the Corporation shall determine giving the Tenant at least twelve months notice in writing thereof.