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Tenancy Agreement - London Borough of Redbridge

LONDON BOROUGH OF REDBRIDGE

Agreement for Letting of Allotment Garden

AN AGREEMENT made the       day of     Two thousand and

BETWEEN THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF REDBRIDGE
(hereinafter called the 'Corporation') acting by MR P BUTTRESS their Parks and Countryside Manager of LEISURE SERVICES at Lynton House at 255-259 High Road Ilford Essex IG1 1NY and duly authorised signatory of the one part and      
of
(hereinafter called the 'Tenant') acting by the hand of     their duly authorised agent of the other part.

WHEREBY IT IS AGREED AS FOLLOWS:-

1     The Corporation agree to let to the Tenant for use as an allotment garden subject to the provisions of the Allotment Acts 1908 to 1950 and to the conditions hereinafter referred to a plot of land Numbered      in the register of allotment gardens provided by the Corporation situate at       in the London Borough of Redbridge containing       rods or thereabout (which said plot of land is hereinafter referred to as 'the allotment garden') at the per annum rent of £       †, including Water rate per annum or such yearly rental, including Water rate, as may be determined by the Corporation from time to time and notified to the Tenant in writing, payable yearly in advance on the first day of April each year, and proportionally for any part of a year.

[† As special conditions, I) annual rent is subject to a 50% concessions discount upon receipt of proof of status in respect of the applicable criteria identified in the declaration overleaf ]

2. The tenancy shall take effect from

3. This Agreement shall be terminable by the Corporation either:

(1) by twelve months or longer notice to quit, expiring on or before the Sixth day of April, or on or after the Twenty-ninth day of September in any year; or

(2) by re-entry by the Corporation after three months' previous notice in writing to the Tenant, if the land is required by the Corporation or their landlord or landlords for building, mining, or any other industrial purpose; or for roads or sewers in connection with any of those purposes; or

(3) by re-entry by the Corporation on account of the land being required for any purpose (not being the use of the land for agriculture) for which it was acquired or held by the Corporation or has been appropriated under any statutory provision but so that except in a case of emergency three months notice in writing of the intended re-entry shall be given to the Tenant; or

(4) by re-entry by the Corporation under the provisions of this Agreement.

4. IN the event of any breach of the conditions of this Agreement or of any sum payable under this Agreement being in arrears for a period exceeding 40 days after the date on which the sum is payable (whether legally demanded or not) the Corporation may after giving seven days' previous notice in writing re-enter upon the said allotment garden or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine without prejudice to any right of action by the Corporation in respect of any breach of the conditions of this Agreement or any such non-payment.

5.'THE Tenant may by notice in writing determine this Agreement upon giving to the Corporation at least twelve months’ notice expiring on either of the days mentioned in Clause 3(1) hereof.

6. THE Tenant shall pay the rent hereby reserved, and any other sums payable by him, to the Director of Finance for the time being of the Corporation during normal office hours.

7. THE Tenant shall observe, comply with and abide by the Conditions laid down by the Corporation governing the control and use of Allotment Gardens (a copy of which Conditions the Tenant hereby acknowledges) and the Tenant further agrees that failure by him any such time to ob-serve or to comply with or abide by any of such Conditions shall be regarded and treated as a breach by him of the conditions of this Agreement.

AS WITNESS the hands of the Parties the day and year first before written

Signed by the said
PARKS AND COUNTRYSIDE MANAGER
AND DULY AUTHORISED SIGNATORY


In the presence of Witness:

CULTURE SPORT AND COMMUNITY SERVICES ALLOTMENTS MANAGER


Signed by the Tenant


In the presence of Witness:

Name

Signature

Address

Occupation


DECLARATION FOR THE PURPOSE OF YEARLY RENTAL DISCOUNT [Not applicable to Schools]

I, BEING THE ABOVE-NAMED TENANT, DECLARE AS FOLLOWS:-

* I AM A SENIOR CITIZEN OF AT LEAST 60 YEARS OF AGE, AND I ATTACH A COPY OF MY __________________________ WHICH INDICATES MY DATE OF.BIRTH AS _____/____/_____

* I AM A REGISTERED DISABLED PERSON (CERTIFICATE No._________) I ENCLOSE A PHOTOCOPY OF MY CERTIFICATE / DOCTORS LETTER

* I AM UNEMPLOYED, AND ENCLOSE A PHOTOCOPY OF MY ES40 / LATEST GIRO CHQ

I UNDERSTAND THAT THE COUNCIL SHALL RESERVE THE RIGHT TO IMMEDIATELY DETERMINE THIS RENTAL DISCOUNT IF MY DECLARATION IS FOUND TO BE FALSE

MY TELEPHONE NUMBER IS _______________________.

Signed ______________.Dated ________________

* (Please delete as appropriate)



London Borough of Redbridge

CONDITIONS GOVERNING THE CONTROL AND USE OF ALLOTMENT GARDENS

Use of Allotment Garden

1.The allotment garden shall not be let or treated as a market garden, allotment or as any other cultivable land for the purpose of financial gain.

2.The cultivator shall forthwith proceed with the cultivation of the allotment to produce vegetables for consumption by himself or his family.

3.Crops, other than vegetables, may not be planted on an allotment garden except as permitted under this Clause and subject to the following conditions:

i.That the said crops including flowers shall occupy an area not exceeding one quarter of the plot.

ii.That all fruit bushes shall be pruned annually to the satisfaction of the Corporation.

iii.That as soon as practicable after receipt of notice given by or on behalf of the Corporation that any of the said fruit bushes is or are diseased beyond recovery the said Cultivator shall grub up and burn such bush or bushes.

iv.Fruit bushes and other bulky crops must be planted in such a manner that when fully grown they do not obstruct the free use of roads and pathways.

4.No part of the allotment garden shall be used for the keeping or breeding of livestock or bees.

5.The Cultivator shall not without the written consent of the Corporation cut or prune any timber or other trees or take, sell or carry away any mineral, gravel, turf, sand or clay.

Maintenance of Allotment Garden

6.The Cultivator shall keep the allotment garden clean and free from weeds in a good state of cultivation and fertility and in good condition.

7.The Cultivator shall maintain in good repair and in their proper position the number of pegs and boundary pegs of his allotment garden and in default thereof the Corporation shall have the right to carry out such maintenance and recover from the Cultivator all costs and expenses incurred by them in carrying out such maintenance. Maintenance shall include replacement.

Nuisances etc.

8.The Cultivator shall not cause any nuisance or annoyance to the occupiers of any other allotment gardens or adjoining houses or land nor trespass thereon by himself or members of his family or any person authorised by him to enter upon the allotment garden and shall ensure that all gates used by him and such other persons are not left open.

9.Any damage caused to any land, buildings or other property on the allotment garden site by the Cultivator or any person accompanying or assisting the Cultivator shall be assessed by the Corporation, and the Cultivator shall pay such sum to the person who has suffered the damage or to the Corporation as the Corporation may determine.

10.The Cultivator shall not cause or permit the presence of dogs off leash upon an allotment garden within the curtilage of the site upon which the allotment garden is situate.

11.The Cultivator shall not obstruct or encroach upon any path or roadway set out by the Council for the use of occupiers of allotment gardens.

Pathways

12.Paths between plots shall be maintained at the minimum width of 18 inches. The Cultivators at each side of the path shall be jointly responsible for maintaining this minimum width.

13.The Cultivator shall keep adjacent footpaths clean. All weeds shall be destroyed and nothing shall be done or omitted to the damage or prejudice of adjacent allotment gardens.

14.The Cultivator shall remove any manure or refuse placed by him or on his behalf on the paths or roads bordering any allotment garden within seven days of deposit.

Fences

15.The Cultivator shall not use barbed wire or other dangerous material for a fence adjoining any path set out by the Corporation for the use of occupiers of the allotment gardens.

Sheds and Structures

16.No building of any description whatsoever is to be erected on the allotment garden without the written consent of the Chief Leisure Officer for the time being of the Corporation.

Health & Safety Guidelines

17.The Cultivator shall abide by the Corporation’s Health & Safety guidelines displayed at allotment sites: Particular attention must be paid to COSHH (Control Of Substances Hazardous To Health) regulations, namely: i) chemicals, including specially approved pesticides and fungicides etc should be used with strict adherence to special precautions on warning labels on usage and storage; and ii) chemicals stored on site must not exceed the permitted quantities – e.g. petrol: one gallon; fertiliser: 50kilograms – and must be in securely lockable containers located at least 4 metres away from compost, manure and other combustible material.

Power of Inspection

18.Any authorised member or officer of the Corporation shall be entitled at any time to enter and inspect the allotment garden.

Right to Refuse Admittance

19.The Corporation shall have the right to refuse admittance to any person other than the Cultivator or a member of his family to any allotment garden or gardens.

Water Supply

20.Where water has been provided by the Corporation the Cultivator shall pay the annual charge as laid down by the Council or a proportionate part in respect of any lesser period, or such other sum as may be fixed by the Corporation from time to time on giving to the Cultivator not less than seven days clear notice of such other sum.

Under-letting etc.

21.The Cultivator shall not underlet, assign, or part with the possession of the allotment garden or any part of it without the written consent of the Corporation.

Disputes

22.Any case of dispute between the Cultivator and any other occupant shall be referred to the Borough Allotments Manager, Leisure Services, Lynton House, 225-229 High Road, Ilford, IG1 1NY.

Change of Address

23.The Cultivator shall notify immediately any change of address to the Borough Allotments Manager, Lynton House, 255-259 High Road, Ilford, IG1 1NY

Service of Notices

24.Service upon the Cultivator of any notice required in connection with any of these Conditions may be affected either by delivering it to him personally or by forwarding it to him by letter post addressed to him or by leaving it at his usual or last known address in the United Kingdom, and any notice sent by post shall be deemed to be delivered at the address to which it is sent in due course of post. Service of notice by the Cultivator shall be effected by notice in writing delivered or sent by post to Borough Allotments Officer, Leisure Services, Lynton House, 255-259 High Road, Ilford, IG1 1NY.

Further

25.The Cultivator shall observe and perform any other special condition or conditions which the Corporation from time to time consider necessary to preserve the allotment garden from deterioration and of which notice is given by the Corporation to the Cultivator.

26.The Cultivator shall, at all times, display the number by which the allotment plot is addressed in a visible position on the plot.

Parks and Countryside Manager,
Culture, Sport & Community Learning Services
Lynton House
225-229 High Road
Ilford IG1 1NY