Colwall Allotment Association

 

Tenancy Agreement

 

1 February 2017 to 31 January 2018

 

1. Eligibility:

 

1.1 Tenants must be a minimum of 18 years of age.

 

1.2 Tenants must be members of the Colwall Allotment Association (CAA). Membership fees will be set at £7.25 for the period which will include membership of the National Society of Allotment and Leisure Gardens (NSALG). The CAA will be insured through the NSALG; the names of members will be disclosed to the NSALG to ensure that all members are covered by the insurance policy*

 

1.3 Tenants must be resident within the parish of Colwall. Plots may be allocated to residents of other parishes at the discretion of the CAA committee but such allocations will be normally limited to no more than 10% of the allotment site.

 

2. Plot rental:

 

2.1 The rental period will run from 01 February 2017 to 31 January 2018.

 

2.2 The rent for a full plot (approx 250sq metres) will be £96.00 per annum

The rent for two thirds of a plot (approx 165sq m) will be £64.00 pa

The rent for a half plot (approx 120 sq m) will be £48.00 pa

The rent for a third of a plot (approx 80sq m) will be £32.00 pa

The rent for a quarter plot (approx 60sq m) will be £24.00 pa

The rent for any other plot sizes will be pro rata.

 

2.3 Plots rented after 1st September will pay half of the annual charge. Membership fee remains payable in full. No pro rata refunds will be given.

 

2.4 Plot rents will be reviewed periodically by the CAA committee in consultation with the Colwall Village Garden (CVG) Estates Committee. It is the intention of the committee/s to consider reducing plot rents as soon as the financial status of the CAA will allow.

 

2.5 Concessionary discounting of the plot rent of up to 50% will be considered for CAA members who apply to the CAA committee with evidence of financial hardship.

 

3. Disabled tenants:

 

3.1 Every reasonable effort will be made by the CAA and CVG Estates Committee to ensure that accessible plots are made available that can be suitably adapted to the individual needs of disabled tenants.

 

4. Waiting lists:

 

4.1 A waiting list will be administered by the CAA for new applicants once all plots have been allocated.

 

4.2 If an applicant on the waiting list is offered a plot but does not respond to this offer within 28 days the plot will be offered to the next applicant on the list.

 

4.3 If an applicant is offered a plot but cannot take up that offer because of exceptional circumstances s/he may request a deferment and remain at the top of the list. The plot will then be offered to the next applicant on the list.

 

4.4 A waiting list will be administered by the CAA for those existing tenants wishing to move to an alternative plot.

 

5. Joint tenancy:

 

5.1 Those members wishing to share a plot will be viewed as joint tenants.

 

5.2 Joint tenancy will be limited to 2 sharers per plot.

 

5.3 Sharers will be jointly responsible for the annual rent and must both sign the tenancy agreement.

 

5.4 In the event of one sharer giving up his share the remaining sharer will be responsible for payment of rent and tending of the plot in accordance with the tenancy agreement.

 

6. Community Plots:

 

6.1 Larger community plots will be made available, if there is sufficient demand from members, for groups of a maximum of 6 members to tend the plot together.

 

6.2 Members of the group/s will be jointly responsible for the annual rent and all members of the group must sign the tenancy agreement.

 

6.3 In the event of members leaving the group the remaining members of the group will be responsible for payment of rent and tending of the plot in accordance with the tenancy agreement.

 

7. Dispute resolution:

 

7.1 All reasonable efforts will be made by the CAA committee to resolve disputes fairly and quickly. The resolution proposed by the CAA committee will be final.

 

7.2 Complaints should be made in writing to the chairperson of the CAA committee.

 

7.3 The CAA committee will request a written answer to the complaint from the tenant subject to the complaint.

 

7.4 In the event of a complaint being upheld and that the tenant subject to the complaint has been found to have failed to comply with the terms and conditions of the tenancy agreement then the CAA committee will issue a verbal warning. In the event of continued non-compliance a written warning will then be issued followed in due course by a notice to quit.

 

8. Notice to quit:

 

8.1 A tenant will be given written notice to quit if rent arrears exceed 28 days from the due payment date.

 

8.2 Following the procedure detailed in part 7 above, a written notice to quit will be issued if a tenant has not complied with the terms and conditions of the tenancy agreement.

 

8.3 Notice will be not less than 28 days.

 

8.4 Immediate notice to quit will be given in the event of gross misconduct.

 

9. General conditions:

 

9.1 Tenancy will be limited to the equivalent of one full plot per household.

 

9.2 Tenants may not sub-let plots.

 

9.3 In the event of the death of a tenant the tenancy will be deemed to have ended after 2 calendar months have elapsed.

9.4 Tenants must advise the CAA of any change in their residential address and contact details. The CAA may use email, telephone and/or letters to communicate with tenants.

 

9.5 Tenants will be expected to behave reasonably and courteously when on the allotment site. Complaints regarding behaviour will be resolved in accordance with the CAA disputes procedure as stated in 7. above.

 

9.6 Tenants may not keep livestock of any kind on the allotment. There will be provision in the Village Garden for bee hives.

 

9.7 Tenants may not park vehicles in Old Church Road when present on the allotment site. Very limited parking facilities may be made available on the allotment site at some future date but tenants are strongly advised not to drive to the site.

 

9.8 Tenants may not build a shed, fence, hedge, pond or any other structure on the plot.

 

9.9 Tenant wishing to construct raised beds should seek the permission of the CAA committee prior to doing so – there may be limitations on the height and area allowed. Permission will not be unreasonably be withheld.

 

9.10 The use of barbed/razor wire is forbidden.

 

9.11 Dogs are allowed within the allotment area, but are to be kept on a lead and to be kept off other peoples plots.

 

9.12 Tenants must respect and maintain paths and boundaries which will have fixed markers. The CAA committee will arrange periodical inspections to ensure that the markers accurately represent plot boundaries.

 

9.13 Tenants may use netting, horticultural fleece, proprietary weed suppressing membrane and cloches not exceeding 1 metre in height. However, large polytunnels or carpet may not be used on the allotment site. Those tenants wishing to use fruit cages should seek permission from the CAA committee as there may be limitations on the height and area allowed. Permission will not be unreasonably withheld.

 

9.14 Tenants will be expected to use organic methods of cultivation following the Soil Association guidelines. The CAA will circulate a list of approved herbicides and pesticides from time to time.

 

9.15 Tenants should not allow rubbish, cuttings, prunings, etc. to accumulate on or near the plot. Individual compost bins are permitted.

 

9.16 Individual bonfires will not be allowed at any time. A communal bonfire will be arranged by the CAA as and when necessary.

 

9.17 Tenants should not allow weeds or grass to encroach on, or become a nuisance to, neighbouring plots.

 

9.18 Tenants must not allow the plot to become neglected. If an area of more than 50% of the total plot area is left untended then, following adherence to the appropriate CAA dispute procedure as detailed above at 7.4, a formal notice to quit will be issued.

 

9.19 Tenants may not grow prohibited plants or trees on the plot. A list of prohibited plants and trees will be circulated to tenants by the CAA from time to time.

 

9.20 Tenants are required to use all possible methods of water conservation when cultivating plots.

 

9.21 Tenants will have access to the tool store and must not disclose any information (for example, a combination lock code) to another person where that disclosure might compromise the security of the tool store. The store should be left locked at all times. Failure to comply with this condition will be treated as a serious breach of this Tenancy Agreement.

 

9.22 Tenants must return all tools and equipment to the store and leave them tidily in a clean and serviceable condition. Any damage to tools should be reported without delay to any member of the CAA committee.

 

9.23 Tenants must ensure that flammable materials are stored in the Flamvault. Failure to comply with this condition will be treated as a serious breach of this Tenancy Agreement.

 

9.24 The CAA committee reserves the right to amend or change the terms and conditions of the tenancy agreement following an extraordinary general meeting or an annual general meeting held in accordance with the Articles of Association of the Colwall Allotment Association.

 

* Data Protection Act 1998: We will not disclose any of the information you give us beyond the Colwall Allotment Association, the Colwall Orchard Trust and the NSALG. We do not sell or supply any of the information you give us to anyone. We will treat the information you give us with respect, as well as in accordance with the law. We will only use the information that you give us to administer the efficient organisation of the Association and the Trust and to comply with the membership conditions of the NSALG.

 

V1.3 2015