Allotment Tenancy Agreement (2024)

This agreement is made between Lymm Parish Council (hereinafter called the Council) of the one part and the Tenant of the other part.

Whereby the Council agrees to let and the Tenant agrees to take on a yearly tenancy from 5^th January 2024 the Allotment Garden (as numbered below in your submission) in the Register of Allotment Gardens provided by the Council (subject to the exceptions and reservations contained in the lease under which the Council hold the land) at the applicable annual rental.

The tenancy is subject to the Allotments Acts, 1908 to 1950 and to the regulations endorsed on this Agreement and also to the following conditions:

RENTAL FEES

• The rent shall be paid annually within 40 days of the invoice date. If payment has not been made within 40 days, notice to quit will be issued and the tenancy agreement terminated after a further 30 days.
• The Council will review the rental fees on an annual basis and revise the method on which rental fees are calculated.

CULTIVATION AND USE

• The Tenant shall not use chemical fertilisers, weed killers, fungicides and pesticides on the Allotment Garden.
• The Tenant shall not, without the written consent of the Council, cut or prune any timber or other trees, or take, sell, or carry away any mineral, gravel, sand or clay.
• The Tenant shall not plant any trees or shrubs so as to overhang or interfere with any other Allotment Garden, path or roadway.
• The Tenant shall not bring or keep on the Allotment Garden any pigs, poultry or other animals or creatures without the written consent of the Council. All dogs shall be kept on a lead and under control at all times.
• The Tenant shall not erect any building larger than 50ft square on the Allotment Garden without the written consent of the Council.

UPKEEP AND MAINTENANCE

• The Tenant shall keep the Allotment Garden clean, free from weeds and in a good state of cultivation and fertility to a reasonable expectation.
• The Tenant shall keep every hedge that forms part of the Allotment Garden properly cut and trimmed, keep all ditches properly cleansed and maintain and keep in repair any other fences and gates on the Allotment Garden.
• The Tenant shall not dispose of weeds or vegetation in the boundary hedgerows.
• The Tenant shall not use barbed wire for a fence adjoining any path set out by the Council for the use of the occupiers of the Allotment Gardens.
• The Tenant shall not accumulate rubbish (including carpet and scrap metals) on the Allotment Garden.

CONDUCT

• The Tenant shall not cause any nuisance or annoyance to the occupier of any other allotment garden or obstruct any path set out by the Council for the use of the occupiers of the allotment gardens.
• The Tenant shall not light a fire on any part of the Allotment Garden such as to cause nuisance to any person or so as to do injury to any Allotment Garden or property.
• The Tenant will observe and perform every other special condition which the Council consider necessary to preserve the Allotment Garden from deterioration.

LIABILITY

• The Council shall not be liable for damage caused to allotment gardens and belongings by flood waters, electrical storms, wind, drought, other events termed acts of God and rodents or pests.

LEASE TERMS

• The Tenant shall, as regards the Allotment Garden, observe and perform all conditions and covenants contained in the lease (if any) under which the Council holds the land.
• The Tenant shall not underlet, assign or part with the possession of the Allotment Garden or any part thereof, without the written consent of the Council.
• Any member or officer of the Council shall be entitled at any time, when directed by the Council, to enter and inspect the Allotment Garden.
• In the first instance the Allotment Garden is let to the Tenant for a 6 month probationary period during which time they will need to demonstrate to the Council that they are able to keep the plot to the required standard.
• The Tenant agrees that their personal details and records may be held by the Council.

TERMINATION OF TENANCY

• The tenancy may be terminated by the Council after twenty-eight days notice of re-entry being given in writing to the Tenant at their last known address if, in the opinion of the Council, the Tenant has not observed the rules affecting the Allotment Gardens.
• The tenancy of the Allotment Garden shall terminate whenever the tenancy or right of occupation of the Council terminates.
• The tenancy may also be terminated by the Council or Tenant by twelve months notice in writing provided given outside the growing season (6th April-29th September).
• Should the Tenant die or become totally incapacitated, the tenancy will terminate on 5^th January following death or incapacitation or earlier by agreement with the Council. All tenancies revert to the Council on voluntary termination by the Tenant or upon their death or disablement.