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Tenancy Agreement - London Borough of Wandsworth
Agreement For Letting Of Allotment Plots
Rents for allotment plots are reviewed annually, in November. The revised rent, whether increased or decreased, becomes due on the first day of April following each review.
The Site Manager as referred to below is defined as the person appointed by the Council as being the representative for the allotment site and the contact person for the Council and the plot holder.
In consideration of the Mayor and Burgesses of Wandsworth Borough Council granting the use of the plot, plot holders undertake:
- To pay the rent due on the first day of April each year and to pay all outgoings that arise as a result of use of the plot or any part thereof.
- To observe all rules and regulations relating to allotment gardens or plots that have been, or may at any time hereinafter be, made by the Council and of which the plot holders shall have been notified.
- To permit any member, officer or agent of the Council at any time to enter upon and inspect the plot.
- Not to assign, underlet or part with possession of the plot or any part thereof, and to ensure that the plot is cultivated only by the plot holder or any other person for whom the Council's prior permission has been sought and granted.
- To inform the site manager of periods when the plot is being cultivated temporarily by another person owing to the plot holder's absence on holiday or short term sickness and in cases of long term absence from the plot due to extended holidays or illness, to notify the Parks Office of the Council's Department of Leisure and Amenity Services on 020 8871 6347.
- To maintain the plot at all times within its prescribed boundaries and not to extend the area of the plot beyond those boundaries by either his or her acts or omissions.
- To keep the entire plot clean and properly cultivated ensuring that the plot is kept free of weeds and that the plot and the crops thereon are kept free of pests and disease.
- To keep the edges to the plot where they abut other plots and common pathways in good condition and properly edged and to ensure that the soil levels on the plot adjacent to the common pathways are kept to within 75mm (3 inches) of the adjacent path's surface, to reduce the risk of falling or slipping leading to injury.
- To keep the common pathways (excluding access roads) adjacent to
the plot in good condition, free of holes and other hazards and to
ensure that the standard path width of not less than 450mm (18 inches)
and not more than 750mm (30 inches) is maintained.
9a On sites with main (vehicle) access "roads" plot holders with plots adjacent to the "road" shall ensure that the "road" is kept free of obstructions and hazards at all times. In each case the width of the "road" is established. No plot holder shall reduce this width either by the encroachment of the plot into the "road" width or the depositing of soil or any other debris onto the "road" surface.
- Not to plant any fruit trees or fruit bushes or any crops that require more than 12 months to mature without the previous, written consent of the Council.
- Not to plant any plant nor allow any plant to develop such that it overhangs, or obstructs the adjacent plots and adjacent common pathways.
- When using pegs, stakes or similar items to set them in such places and in such ways that they do not overhang or obstruct adjacent plots and adjacent common pathways.
- To ensure that tools and other equipment are not left unattended on common pathways or other areas nor left in any way that might cause accident or injury and also to ensure that tools and other equipment are used carefully and with due regard to the safety of others.
- To ensure that tools and other personal equipment are kept safe and secure when not in use, and the plot holder acknowledges that the Council accepts no responsibility for the loss of or damage to such items however caused, nor does the Council accept any responsibility for any injury caused by such items howsoever caused.
- Not to erect any building or structure on the plot without the previous written consent of the Council.
- For information the maximum size of structure allowable (subject to the Council's written consent) is 1.8m x 1.2m x 1.95m (height).
- Consent to place up to two temporary structures such as small tool boxes, compost frames, cold frames or similar may be sought from, and granted by, the Site Manager.
- Not to damage, by his or her acts or omissions, nor allow others so to damage any fences, gates, signs, water tanks, taps or other fixtures and equipment set on and around the site being the property of the Council and in the case of fences and gates also those which are the property of neighbours to the site.
- Not to deposit nor allow others to deposit upon the plot nor any part of the site any earth, road sweepings, refuse or other materials, excepting only manure in quantities such as may reasonably be required for immediate use in cultivation.
- Not to allow children onto the site unless accompanied and supervised by the plot holder or other responsible adult.
- Not to allow dogs onto the site unless supervised and controlled by the plot holder, and to clear away from the site all dog faeces that may arise.
- To clear away from the plot, and the site all rubbish and other waste generated by the plot holder and not to leave such waste matter on the plot or any part of the site.
- Not to light any bonfire nor cause, nor allow to be caused, any smoke nuisance as defined by the Environmental Protection Act 1990 (Section 80). The plot holder shall note that he/she may be personally liable to enforcement action under the terms of this Act if they disregard this rule.
- Not to use sprinkler attachments (or similar) for watering plots. Wherever possible to use watering cans (or similar) when watering. Not to leave hoses unattended when in use nor to leave hoses attached to water taps when not in use.
- The right of the Site Manager to ensure that the rules set out in this Agreement are observed and to report to the Council's Chief Parks Officer any breaches of the rules by any plot holder.
- That economy in the use of water is essential, as is the proper use and care of water delivery and storage equipment (pipes, taps, tanks, etc). See Condition 22 that prohibits the use of sprinklers or other similar devices.
- That when the use of hosepipes is permitted he or she is obliged to observe the "Hosepipe Connection - Conditions of Use" as published by the Thames Water Authority and further that disregard of these Conditions may lead to the revocation by the Thames Water Authority of their permission to use hose pipes.
- The tenancy hereby created shall continue until determined in any one of the following manners:
- By either party giving to the other 12 calendar months previous notice in writing expiring on or before the sixth day of April or on or after the 29th day of September in any year.
- By re-entry by the Council at any time after giving three calendar months previous notice in writing to the Plot holder on account of the plot being required:
- for any purpose (not being the use of the same for agriculture) for which it has been appropriated under any statutory provision, or
- for building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of these purposes.
- By re-entry by the Council at any time:
if rent, or any part thereof, is in arrears for not less than 40 days whether legally demanded or not, or
- if it appears to the Council that there has been any breach of the Conditions and Agreements on the part of the Plot holder herein contained and provided that if such breach of the Conditions or rules affecting the cultivation of the plot at least three months have elapsed since the commencement of the tenancy, or
- if the plot holder shall become bankrupt or compound with his creditors.
The plot holder acknowledges:
Any notice given by the Council pursuant to condition 26 hereof may
be signed by the Chief Parks Officer, on behalf of the Director of
Leisure and Amenity Services, for the time being and shall be
sufficiently served if sent to the plot holder by post at the before
mentioned address or to any other address that the plot holder may have
subsequently advised the Council, in writing, as being his or her
correct postal address.
The plot holder shall on termination of the tenancy be entitled to compensation only in the event and to the extent prescribed by section 2, sub-sections 2 and 3, of the Allotments Act 1922, as amended by the Allotments Act 1950 but not further or otherwise.
The Council shall on termination of the tenancy be entitled to recover compensation from the plot holder by virtue of section 4 of the Allotments Act 1950 in respect of any deterioration of the land caused by the failure of the plot holder to maintain the land clean and in good state of cultivation and fertility.