Tenancy Agreement

Tenancy Agreement

All of our tenants are expected to sign and return a tenancy agreement. Please see below the details of the tenancy agreement for 2022. Please note that the tenancy agreement may be updated over time.

AGREEMENT FOR LETTING OF ALLOTMENT PLOT

THIS AGREEMENT is made  on the _______________ day of ___________________ BETWEEN RECREATION ROAD ALLOTMENTS  of Recreation Road, Selby, North Yorkshire, YO8 5AL acting by its Head of Legal and Democratic Services (“the Committee”) and _________________________________________ (“the Tenant”) of _________________________________________________________________ (address).

NOW IT IS AGREED as follows:-

1. Agreement to let

THE Committee agrees to let and the Tenant agrees to take the allotment gardens numbered  _____________________________on the Recreation Road Allotments site in the register of allotment gardens kept by the Recreation Road Allotments / Olympia Park Allotments and containing in the whole approximately ______________ sq. metres (“the Allotment”) on a yearly tenancy from  10^th of April, _____________ at the yearly rent of ____________payable annually in advance each year on the 10^th day of April providing, however, that where the tenancy commences on the 29^th day of September in any year the first six months rental shall be payable in advance and thereafter the rent shall be paid in advance on the 10^th day of April annually.

2. Tenant’s Agreements

The Tenant agrees with Recreation Road Allotments to observe and perform the conditions and obligations set out below:

• Rent

The Tenant must pay the rent reserved, in advance and without deduction otherwise than allowed by statute, on 10^th of April in each year. Rental prices & guidelines may increase from time to time. The rates of such increases (if any) will be made public on or before the 15^th of March each year and apply only to the upcoming tenancy agreement beginning the 10^th of April each year.

• Use

The Tenant must use the Allotment for growing vegetables, fruits and/or flowers and shall not permit the Allotment to be used for the purpose of any overnight accommodation, trade, business or any activity incompatible with allotment gardening.

• Cultivation

The Tenant must keep the Allotment clean, free from weeds and well manured and otherwise maintain it in a good state of cultivation and fertility and good condition, and must keep any pathway or cart-track included in or abutting on the Allotment (or, in the case of any pathway or cart-track abutting on the Allotment and any other allotment garden or allotment gardens, the half width of it) reasonably free from weeds. The tenant must have begun cultivation of the land not less than 2 months from the time they take up their tenancy and must have at least 70% of the property cultivated or otherwise in productive use within 12 months of taking up their tenancy.

• Nuisance

The Tenant must not cause or permit any nuisance or annoyance to the occupier of any other allotment garden, or obstruct or encroach on any path or roadway set out by Recreation Road Allotments for the use of the occupiers of the allotment gardens.

• Legal obligations

The Tenant must at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local, parochial or other bylaws, orders or regulations affecting the Allotment.

• Alienation

The Tenant must not sublet, assign or part with possession of the Allotment or any part of it without the written consent of the Recreation Road Allotments Committee.

• Waste

The Tenant must not cut or prune any timber or other trees, or take, sell or carry away any mineral, gravel, sand, earth or clay without the written consent the Recreation Road Allotments Committee.

• Boundaries

The Tenant must mark out the allotment if necessary so as to distinguish it from the adjoining land and keep every hedge that forms part of the Allotment property cut and trimmed and all ditches property cleaned, maintained and keep in repair any fences (such fences being restricted to a reasonable height so as to cause no nuisance or obstruction to adjoining land) and any gates on the Allotment, and use his/her best endeavours to protect any other hedges, fences or gates in the allotment field of which the Allotment forms part or in adjoining land and any notice board which has been or may at any time during the tenancy be erected by the Recreation Road Allotments Committee on the Allotment or the allotment field. The tenant is responsible for maintenance and care of all pathways surrounding their plot on all 4 sides irrespective of whether this pathway is shared with a neighbor. The tenant should not abandon or move any currently existing pathways without first seeking permission from the committee.

• Buildings

The Tenant must not erect any permanent structure on the Allotment. Permanent structures are those permanently affixed to the ground or those which require that they be built primarily onsite (as opposed to those which come largely pre-built and only require assembly). Shipping containers and caravans are classed as permanent structures for the purpose of this agreement.

All temporary (non-permanent) structures should adhere to the following guidelines:

1. The building complies with all local laws, statutes and planning permissions regarding sheds and agricultural buildings. This includes size, design, building materials, etc.
2. The structure is safely built including an inspection for any potential hazards to the users of the building, their neighbours or guests on the property. The structure should remain well maintained and free from broken glass, broken plastics or other potential health and safety hazards.
3. The structure does not pose an undue nuisance or burden on the neighbouring allotments or houses.
4. The structure is secured and guarded from theft or vandalism. For example, employing locks, chains, bars, wire, etc to deter or prevent theft.
5. The structure is secured appropriately to prevent falling over or blowing away. This includes polytunnels or plastic greenhouses which should be buried at least 1 foot into the soil or affixed securely to a frame which is staked or buried into the soil.
6. The structure does not house animals or livestock.
7. The structure is not intended to be treated as housing or a temporary dwelling for living.
8. The structure is not intended for commercial use including the storage of building materials or the storage, sale or distribution of alcohol.

In order for a building to be classed as a temporary structure it must be able to be easily disassembled by no more than 3 people and removed entirely from the property within a short period of time (12 hours or less) with the use of only a standard homeowner’s tools. Where the tenant is unsure if their structure will meet these guidelines, they should get permission from the committee prior to erecting their structure. Should the structure need to be removed for breach of any or all of these guidelines, this will be done at the tenant’s expense and the committee shall not be held liable for the costs associated with the purchase, assembly or removal.

The combined area of all structures on a plot should not take up more than 1/3 of an tenant’s plot without obtaining prior written approval from the committee.

Legacy buildings

Buildings currently in place as of the 10^th of April, 2022 may remain in place (with the exception of those which pose a safety risk which should be brought up to standard and those which violate parts f-h). However, should they be removed, new structures must comply with all the guidelines listed above.

The committee may request at any time that a building be removed even if it has previously been given permission if the local committee requests that it be removed unless the tenant can provide proof of appropriate planning permission.

• Barbed wire

The Tenant must not use barbed wire for a fence adjoining any path set out by the Recreation Road Allotments committee for the use of occupiers of the allotment gardens.

• Trees

The Tenant must not plant any trees that do not bear fruit which are non-native or any tree which is invasive without prior committee approval. Tenants are not permitted to plant more than 1 fruit tree per pole without first gaining the committee’s prior approval. All trees must be planted on dwarf root stock. Should trees or their roots become a nuisance to other tenants (as determined by the committee), a notice will be given for the tree to be removed within 6 month period (allowing for any currently growing fruit to be harvested). Pruning and proper maintenance of fruit trees should be observed at all times with particular attention to areas where branches cross over property lines. Fruit which falls onto adjoining plots may be used by the tenant of that property without the need to obtain permission from the tree-owner. Where fruit has fallen onto adjoining plots, it is the owner of the plot which contains the tree’s responsibility to collect up all fallen fruit so as to not encourage pests. Any tree determined by the committee to be diseased must be felled at the tenant’s expense within 30 days of notice to that effect.  No tree should be felled at any time without the permission of the Recreation Road Allotments Committee.

• Refuse

The Tenant must not deposit, or allow other persons to deposit, on the Allotment any refuse or any decaying matter, except manure and compost in such quantities as may be reasonably required for use in cultivation, or place any matter in the hedges, or ditches in the allotment field of which the Allotment forms part or in adjoining land. Weeds should not be suppressed by the use of clear plastics or carpet. Any tyres brought onto the property must be appropriately repurposed for growing or composting within 30 days of being brought onto the site. Any rock or slate brought onto the site for use in paths should only be laid on appropriate rock blanket and removed upon determination.

• Dogs

The Tenant must not bring any dog into the allotment field of which the Allotment forms part, or cause one to be brought in, unless the dog is held on a leash or firmly secured within a contained fence. Should a dog be determined by the committee to be a nuisance, the committee reserves the right to restrict the animal from the property.

• Right to Be Heard

Tenants have a right to express their needs, desires and concerns regarding the effective running and decision making of the committee. The proper forum for this is the AGM. Should a tenant want to discuss and/or bring referendum to any terms, concerns or issues which arise throughout the year, they may submit their concern in writing in order to be added to the agenda for the AGM. The secretary and chairperson reserve the right to limit the amount of time the tenant is given the floor at the meeting but this should not usually be less than 5 minutes. Whilst the committee will give due consideration and answer fully any reasonable request to be heard, there is no guarantee that any particular issue will be subject to a new decision, change in rules or referendum.

• Sprays

When using any sprays or fertilisers, the Tenant must:

1. take all reasonable care to ensure that adjoining hedges, trees and crops are not adversely affected, and must make good or re-plant as necessary should any damage occur, and
2. so far as possible select and use chemicals, whether for spraying, seed dressing or for any other purpose whatsoever, that will cause the least harm to members of the public, game birds and other wildlife, other than vermin or pests, and

• comply at all times with current regulations.

1. Avoid spraying on windy days.

• Advertisements

The Tenant must not erect any notice or advertisement on the Allotment except those advising of CCTV without permission of the committee.

• Admittance

The Tenant agrees that the Committee shall have the right to refuse admittance to the Allotment to any person, other than the Tenant or a member of his/her family, unless accompanied by the Tenant or a member of his/her family.

• Disputes

The Tenant agrees that any case of dispute between himself/herself/themselves and any other occupier of an allotment garden in the allotment field shall be referred to the Committee, whose decision shall be final.

• Change of Address

The Tenant agrees to inform the Committee immediately of any change of his/her address.

• Inspection

The Tenant agrees that any officer or agent of the Committee may enter and inspect the Allotment at any time when so directed by the Committee.

• Access

The tenant shall enter the allotment by using the proper roads, paths and gates and shall not cause any damage to any roads, paths, gates or fences.

• Conservation of Water

The tenant shall assist in the conservation of water by exercising economy by;

• Using a watering can when watering whenever possible.
• Using hand-held hoses which must not be left on unattended (including propped up or by use of a sprinkler attachment intended to be used away from the person).
• Employing the use of water collection methods including rain spouts and water butts or IBCs wherever practical.
• Making use of the water collection barrels for the purposes of filling watering cans whenever possible.
• Reporting to the committee any leaks or equipment malfunctions as soon as possible.
• Obeying any water restriction notices given in the future.
• Hosepipes should only be used to fill water buts or other water containers and not used to water the soil directly.
• Whenever practical, watering should take place early in the morning or in the evening as this is the most water efficient.

The Tenant will at all times exercise every care to prevent waste leakage or misuse of water and forthwith to make good and repair any injury or damage done to any water pipes or taps within the allotment field unless such injury or damage is due to some cause other than the Tenant’s own negligence or default and in any event immediately to report by notice in accordance with clause 4 to the Committee any such waste leakage or misuse.

Where water taps or barrels are on an allotment, they must be made available to all tenants. They must not be restricted or enclosed within a shed or fencing. It is the tenant’s responsibility to ensure that any tap or barrel on their property is kept clear of weeds and bramble.

• Rules and Regulations

The Tenant must observe all rules and regulations relating to allotment gardens which have been or may at any time in the future be made by the Committee and of which the Tenant is notified.

• Special Conditions

The Tenant must observe and perform any special condition the Committee considers necessary to preserve the Allotment from deterioration of which notice is given to the Tenant in accordance with clause 4 below.

• Yielding up

The Tenant must yield up the Allotment garden and any provided shed, greenhouse, polytunnel or storage box at the determination of the tenancy created by this agreement in such condition as shall be in compliance with the agreements contained within this agreement.

2.26           Inspections

The tenant acknowledges that the committee and any member officer or Agent of Recreation Road Allotments reserves the right to enter and inspect the allotment at any time.

2.27           Photographs

The tenant acknowledges that the committee or its representative may, from time to time, take photographs of the allotments for the purposes of maintaining good records or for use on their social media channels or within their website or other forms of communication.

2.28           Play equipment

Tenants may install a limited amount of play equipment intended for the use and enjoyment of children when attending the property. Examples of such equipment are: mud kitchens, small swing sets, wendy houses, etc. Tenants must not bring on large play equipment such as trampolines, large swing sets, large monkey bars or treehouses without the consent of the committee. Should the tenant be in question about children’s play equipment, they should seek the approval of the committee before installing it. The committee may request that any children’s play equipment be removed at any time with 7 days notice for any reason determined fit by the committee. Children’s play equipment should not take up more than ¼ of any allotment plot.

2.30           Bonfires

Tenants shall only burn items suitable (no plastics, etc.) and safe for burning and which will not emit noxious gasses. At no time should smoke from a bonfire trespass on roads or the adjoining railway lines. Bonfires should, whenever possible, be limited to those days when the air is still.

2.31           Livestock

Tenants shall not bring any livestock onto the property without prior permission of the committee. The committee shall make determinations regarding the keeping of livestock (including Bees, Rabbits, Pigeons, Goats, Pigs, Sheep, Cattle, Chickens, Hens, etc.) only once per year during the AGM. Where tenants have been given permission to keep livestock, they must enter into a separate “livestock agreement” with the committee and pay an appropriate bond as determined by the committee.

2.32           Nuisance Bond

If a tenant is found to be in breach or default of this agreement, particularly with regard to the good upkeep and/or cultivation of his/her/their land, they may (at the committee’s discretion) be offered a nuisance bond. This bond will be payable immediately and refunded after 12 months provided that the property be brought up to the correct standard and/or the property has become sufficiently cultivated.

2.33           Bramble

A tenant may, at their discretion, chose to keep a bramble comprised of not more than 10% of their plot. Bramble must be kept in good condition including measures taken to keep it from spreading to unwanted areas. Bramble should not be allowed to obstruct paths at any time. Should a bramble be determined to be a nuisance, the committee may ask for it to be removed.

2.34           Parking

Cars may be parked for the duration of time a tenant is on the property. As parking is limited, parking spaces are for the sole and exclusive use of tenants. Cars should not be parked on the property overnight. Cars should only be parked in designated parking spaces.

2.35           Roads

The speed limit on all roads within the allotment fields is 5mph. During the winter or during very wet weather use of cars on the allotments should be restricted by necessity. No vehicle intended for more than 6 total occupants or vehicles intended to transport heavy goods should be used on the roads without prior permission of the committee.

2.36           Interference With Rail Lines

Tenants should understand the importance of our relationship with the neighbouring community, including the rail lines which run to the side of the property. At all times, tenants should take all reasonable precautions to avoid interference with the trains, the railway boundary fence, the railway property and the regular running of the trains. This includes avoiding burning any materials on days when the winds are blowing in the direction of the rail lines. Tenants should never allow any of their property or person to trespass upon the railway’s property or fence line. Should a tenant be found to cause a nuisance to the railway, their tenancy agreement may, at the committee’s discretion, be immediately determined with no further warning. Should a tenant’s behaviour result in a fine or other punitive measures from the railway or local authorities, the tenant understands that they will be responsible for bearing the full costs or burdens of such actions.

3. Determination of the Tenancy

• Determination on death

This tenancy shall determine on the 25th March or the 29th September next after the death of the Tenant.

• Determination on termination of the Committee’s interest

This tenancy shall determine on the day on which the right of occupation of the Committee determines.

• Determination by Notice

This tenancy may be determined by either party giving to the other 12 months’ previous notice in writing expiring on or before 6th April or on or after 29th September in any year.

• Determination where allotment appropriated

This tenancy may be determined by re-entry by the Committee at any time after giving 3 months’ previous notice in writing to the Tenant on account of the allotment garden is required:

1. for any purpose, other than use for agriculture, for which it has been appropriated under any statutory provision or;
2. for building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes.

• Determination by re-entry on default

This tenancy may be determined by re-entry by the Committee at any time after giving one months’ previous notice in writing to the Tenant:

1. if the rent or any part of it is in arrears for not less than 30 days whether legally demanded or not;
2. if it appears to the Committee that there has been a breach of the conditions and agreements on the part of the Tenant contained in this agreement and provided that, if such breach is of the conditions or rules affecting the cultivation of the Allotment, at least 2 months have elapsed since the commencement of the tenancy; or

• if the Tenant becomes bankrupt or compounds with his/her/their creditors.

1. In the event of the Allotment not being sufficiently Cultivated, but no earlier than 2 months following the date of this Agreement, the committee shall issue a non-cultivation notice giving 1 month for the Tenant to comply and cultivate. If the Tenant does not comply by the end of this notice period, the Committee will serve a 1 month Termination Notice.

• Determination by the Tenant

This tenancy may be determined by the Tenant giving to the Committee 6 months’ notice in writing expiring at any time.  This tenancy may also be determined by the Tenant without giving 6 months’ notice, and the Committee will accept such notice only if the Tenant agrees with the Committee to forfeit the right for reimbursement of any rent which would be due to the Tenant on the date of such notice being received by the Committee.

• Tenant’s Compensation on Determination

The Tenant shall on determination of this tenancy by the Committee be entitled to compensation only to the extent prescribed by Section 2 of the Allotments Act 1922 and Section 3 of the Allotments Act 1950 but not further or otherwise.

• Committee’s Compensation on Determination

The Committee on determination of this Tenancy shall be entitled to recover compensation from the tenant by virtue of Section 4 of the Allotments Act 1950 in respect of any deterioration of the Allotment caused by the failure of the Tenant to maintain the Allotment in a good state of cultivation and fertility.

3.9 Return of Deposits/bonds upon Determination

Where a deposit/bond has been paid by the tenant, upon determination of the agreement, the property must be returned in a condition equal to or improved from the condition in which it was received. It is the tenant’s responsibility to make a record of the condition of the plot at the time they take possession. This can take the form of photographs, videos or a written record of the property sent to the committee via e-mail within 7 days of taking possession of the property. The committee strongly recommends that tenants do this as soon as possible so as to not forget. Should the tenant fail to provide an accounting of the condition of the property within 7 days of possession, the property will be assumed to be in good condition at the beginning of the tenancy agreement. If the property is left in a condition which the committee determines to be in poor repair or worse than was received at the beginning of this tenancy, they may (at their discretion) withhold all or part of the deposit/bond to reimburse for the all or part of expenses incurred in bringing the allotment back to a rentable condition.  Deposits will be returned within 14 days of the determination of this contract.

3.10 Items left on allotments at the time of determination

All items (including but not limited to tools, plants, greenhouses, polytunnels, sheds, manure, etc.) left of the property at the time of the determination of this agreement will be designated as forfeit and possession will be transferred to Recreation Road Allotments. Tenants are encouraged to remove their possessions as soon as is practicable to avoid unplanned forfeiture of possessions.

4. Notices

Any notice required to be given by the Committee to the Tenant may be signed on behalf of the Committee by the Committee’s solicitor and may be served on the Tenant either personally or by leaving it at his last known place of abode or by registered letter or letter sent by the recorded delivery service addressed to him there or by fixing same in some conspicuous manner on the Allotment.

Any notice required to be given by the Tenant to the Committee shall be sufficiently given if signed by the Tenant and sent in a prepaid post letter to the secretary or the Committee or the solicitor of the Committee.

General notifications may be given to the Tenants of the Allotment Field by the Committee (including changes and updates to rules & regulations) by posting them to the notice board, sending them via text, posting them to the property’s website and/or posting them to property’s social media accounts. At their discretion, the committee may also communicate by e-mail and the tenant should take all reasonable precautions to ensure that they are receiving the committee’s e-mail communications. This includes adding the committee’s e-mail (admin@recreactionroadallotments.co.uk) to their address book or safe e-mail list.

5. Liability

The tenant acknowledges that Recreation Road Allotments (including any future formation to Recreation Road Allotments CIC), their committee, volunteers or board members will accept no liability in respect of any damage to the allotment and/or theft of any item or structure placed on the allotments or left in or around any vehicle on the allotment or in its carparks.

6. Code of Conduct

The tenant shall;

• Treat others with respect and understand all views are important even if they are not the same as their own.
• Treat members of the allotment committee, board of directors and any other volunteer representative with respect and courtesy.
• Respect individuals rights to manage their plot and grow the produce they wish as long as it is within the rules or established tenancy.
• Not use any form of violence on the site whether physical and/or verbal.
• Not cause or permit any nuisance or annoyance to the occupier of any other allotment on the site or the residents of any premises in the vicinity either by action, inaction, or by rude or offensive behaviour whether through carelessness, ignorance or persistent or deliberate action.
• Not commit any acts of discrimination against any person or body on grounds of their race, religion, gender, sexuality, gender expression, age or disability and understand that all forms of discrimination, including bullying and harassment are unacceptable.
• Not trespass or cause damage to other Tenants’ allotment, tools or crops or take other tenants crops or tools without that tenants’ prior permission.
• at all times during the tenancy observe and comply with all enactments, statutory instruments, local, parochial or other byelaws, orders, statutes or regulations affecting the Allotment
• agree that in any case of dispute between the Tenant and any other occupier of an Allotment on the Site which cannot be resolved shall be referred to the committee, whose decision shall be final and binding on all parties involved in the dispute.
• agree that where nuisance behaviour could be considered a Criminal Offence, to report it both to the committee and the Police. The committee and/or Police would have the final say in any disagreements.

AS WITNESS the hands of the parties the day and year first before written.