CONDITIONS OF TENANCY
The Society is an Industrial & Provident Society under the Act of 1965. "The Rules" mean the rules of the Society registered with the Financial Services Authority. The "Committee" means the Management Committee of the Society elected at the Annual General Meeting or otherwise appointed in accordance with the registered Rules of the Society. When the circumstances so admit, the term 'Allotment' shall be held to refer to any holding or garden rented from the Society. Notice of motion of alteration of the Conditions of Tenancy shall be in writing and shall be in the hands of the Secretary two months prior to the Annual General Meeting, normally held in June.
2. Powers of the Committee
The general management of the allotment site is vested solely in the Committee. Should any matters arise which are not specifically provided for in any agreement for the time being in force between the Society and a tenant, or in the rules of the Society, or these Conditions, the Committee shall have the power to deal with such matters in the best interests of all tenants, and members shall be bound by the decision made.
3. Sub - Committees
The Committee may delegate any powers, which may be properly delegated, to the Secretary, Sub Committees or working parties. The Committee has the right to co-opt, pro tem such persons as may provide specific knowledge or expertise to the Sub Committees or working parties.
4. Change of address
Any member changing his /her address shall notify the Secretary at once in writing. Failure to do so may result in the loss of rights and or privileges until such time as the new information is communicated in writing to the Secretary.
Every member shall take up one share in the Society as required by the rules.
6. Conditions of Head Lease
Every tenant shall observe and perform all conditions and covenants in any lease under which the Society holds the land.
LETTING OF LAND
7. Approved applications
Allotments shall be let only to members of the Society and to those whose applications are approved by the Committee. The Committee has the right to refuse any application without specifying a reason and shall also have the right to make special conditions in regard to any tenancy. The Committee may delegate this power. Applicants under 18 years of age must have their application for a tenancy countersigned by a parent or guardian who will be held responsible for the young applicants’ behaviour and for the good husbandry of the allotment.
8. Sub Letting
No tenant shall sub-let their allotment or any part thereof to any other person.
9. Right of entry
The Society or its accredited representatives, or their workmen acting on their instructions, or accredited representatives of the superior landlord shall be entitled at any time to enter and inspect the allotment site or any part thereof and to carry out any work or repairs required by the Society as represented by the Committee.10. Access to Site
Tenants of plots will receive a key to gain access to the allotment site. Tenants are held responsible for the safe keeping of such keys, for which a returnable deposit shall be paid at the time of issue. Keys should not be duplicated or passed on to any other tenant or member. The deposit will be refunded to the tenant on the surrender of the key to the Society. The main gate must be locked on entry and exit from the site, irrespective of who is on the site at the time of departure.
11. Payment of rent
Before taking possession every tenant shall pay rent in advance to the Treasurer or other person appointed to receive it. Rent is payable in advance and becomes due on the 1st October in any year, unless otherwise determined by the Committee. If unpaid by 12 noon on the last Sunday in October the plot will be considered to have been vacated and will be re-let. Pensioners, unemployed and registered disabled persons shall pay the plot rent at half the standard rate for the first allotment rented by them from the Society. Subsequent allotments must be paid for at the full rate. The administration element of the rent is not subject to this concession and is payable in full. The term “Pensioners” shall be taken to mean persons receiving a pension and not in gainful employment.
12. Removal of crops
No tenant in arrears with the payment of rent shall be allowed to remove from the allotment any crops growing thereon, tools, implements, stock or other property whatsoever until full payment of rent has been made.
Every tenant shall keep his/her allotment free of weeds, well manured and otherwise maintain it in a proper state of cultivation to the satisfaction of the Committee. Plots will be regularly inspected by the Committee. In the case of an untidy or unsatisfactorily kept plot, the tenant will receive 28 days notice in writing to make a noticeable improvement. If this request is not complied with, or a satisfactory explanation given, at least seven days notice will be given to vacate the plot and remove tools etc. No more than 10% of each plot shall be used for flowers or ornamental plants. Each plot must be clearly numbered. The tenant shall not cut down any trees, other than those on their own allotments, or take, or sell, or carry away any mineral, gravel, soil or clay. Composting - every tenant should provide an adequate compost facility suitable to the size of their plot(s).
14. Fruit trees
Fruit trees should not overhang main paths or adjoining allotments or site boundaries with private residences. They should be planted no less than five feet (1.5m) from main paths for apples, plums, pears, gages and other top fruit. Such trees should be on dwarfing rootstocks only (eg type M27).
15. Buildings and Wells
Members shall not erect any buildings upon their allotments without written consent from the Society. Applications to erect a building on any plot shall be made in writing detailing the size and position of the proposed building. The Committee reserves the right to accept or reject any such application. The normal size of a potting shed is 1.8m by 1.2m and 2m high. All buildings and structures must be not less than 0.225m from any path, road, fence or wall. No water holes or wells are permitted on allotments. Any building will be considered an integral part of the plot on which it stands, unless it has been recently erected by a vacating tenant. The shed may then be removed by the tenant, or a contribution towards its cost requested from the incoming tenant. The Site Manager must be informed of either intention at the time of resignation.
16. Paths, Roads, Ditches and Boundaries
All tenants shall keep in repair all paths bordering his or her plot. Paths must be kept clear of obstruction. No manure or refuse shall be deposited on them. Should a delivery of manure cause the blockage of a path the obstruction must be removed within 48 hours of the delivery being made. Obstruction of the main paths shall be allowed for a maximum of three hours Interplot paths should be maintained at a width of at least 45 cm, preferably 60 cm. The grass on interplot paths should be maintained by regular mowing and the edges kept trimmed. The use of weedkiller on interplot paths or on grass roads is NOT permitted. Entry by motor vehicle is permitted only in special circumstances at the discretion of the Committee for the delivery of heavy or awkward loads and only when ground conditions allow. Speed must not exceed walking pace. After unloading the motor vehicle must then be removed and parked appropriately. Vehicles are permitted on the site entirely at the owners’ risk. The owner of the vehicle and the plotholder responsible for the vehicle's presence on the site will be held liable for any damage caused by the vehicle. Members of the Committee or delegated representatives of the Committee have the right to walk upon interplot paths in the course of their duties or to perform any necessary work delegated by the Committee. Where plots are on the border of the site, tenants are responsible for keeping the boundaries tidy and any hedges trimmed.
A member shall not cause any nuisance or annoyance to the occupants (the tenant or visitors) of any other allotment, or to the neighbourhood. No livestock may be kept on the allotment site. Dogs must be kept under control at all times, preferably on a lead. Dog owners must not allow their dogs to foul allotments, grass roads, side paths or any other part of the allotment site. It is the duty of dog owners to promptly remove any fouling which occurs. Tenants are not permitted to burn bonfires on the site. Tenants who infringe this Condition will be liable to forfeit their plot. Compost heaps should be constructed in such a manner as not to attract rats or other vermin. Only raw vegetable matter should be included for composting. Large or woody material unsuitable for individual compost heaps must be stored tidily on the tenant’s plot until a disposal collection is organised. The use of petrol-engined strimmers, mowers, cultivators and other noisy machinery is not permitted before 8am or after 8pm. Radios and other devices for reproducing sound are permitted on allotments so long at the output volume is kept at a reasonable listening level and do not cause a nuisance to other tenants, visitors or neighbours. The washing of crops and tools in the water butts can spread disease and is not permitted. Tenants shall take proper precautions when using sprays or fertilisers to minimise any adverse effects on the environment, comply at all times with current regulations and not cause damage to neighbouring plots.
18. Damage, Trespass and Encroachment.
No tenant shall make any encroachment or trespass upon another's allotment and no damage shall be done by any tenant to the produce or crops on any other allotment. Any damage done either by a member or by a person accompanying a member shall be assessed by the Committee and the offender shall pay such sum as the committee may determine to the member who has suffered the damage or to the Society. The Committee has the right to refuse admission to any person, other than a tenant of the Society, to any allotment unless accompanied by the tenant member. Children must always be under parental control. They are not allowed on site without adult supervision and must not play over other plots or stray on to other allotments. Children must also be supervised when using the toilet. The Society accepts no responsibility for any harm which occurs to any child on site. The Management Committee has the right to terminate the tenancy of any tenant trespassing on another tenant's plot.
Water is provided by standpipes and tanks at convenient points. These tanks with the pipes, etc must on no account be tampered with. Any fault arising must be reported to a Committee member immediately and not taken in hand by the tenant. Hose pipes connected to the Society's water supply are allowed to be used for filling tenant’s storage containers. Storage containers must not be emptied by bailing or otherwise, while they are filling. Sprinklers and leaky hoses must not be used from the Society's water supply. Tenants using watering cans only always take precedence over tenants using hoses to fill containers. Infringement of the rules and Conditions governing the use of water may lead to termination of tenancy. Water is a precious commodity and must not be wasted. Where possible, tenants are recommended to conserve rainwater by the use of guttering, downpipes and butts fitted to their sheds.
TERMINATION OF TENANCY
21. Termination of Tenancies by the Society.
The Society shall have the right to re-enter and take possession and to re-let the allotment of any tenant: a. Who does not keep their allotment cultivated to the satisfaction of the Committee b. On the breach of these Conditions or of the tenants agreements with the Society c. The payment of whose rent is in arrears, whether legally demanded or not under the terms of Paragraph 11. On termination of the tenancy no compensation will be due for crops and no rent refunded
In the case of termination under the terms of paragraph 21a, 28 days written notice will be first be given for the tenant to make a significant improvement in the cultivation of the allotment. Failure to cultivate the allotment to the satisfaction of the Committee within this period will result in written notice of termination and paragraph 23 shall apply. · In the case of termination under the terms of Paragraphs 21b or 21c, Paragraph 23 shall apply immediately.
23. Removal of Property.
Upon the termination of the tenancy of an allotment the tenant shall, if required to do so by the Committee, remove from the allotment all growing crops, fruit bushes, buildings, stock and other property of any kind within seven days of such termination and shall make good any defect to the allotment caused by such removal, and in case default shall be made by the tenant. The Society may remove such crops, trees bushes, buildings, stocks and other property and charge the expense of such removal and defect to the tenant who shall on demand pay to the Society the amount of such damages and expense. In cases of unpaid rent, goods on the allotment may be taken into the care of the Society which at a suitable time and after giving the ex-tenant reasonable warning will sell them and the proceeds go to the Society.
OFFENCES, DISPUTES, GENERAL
In the case of any member charged with an offence such charge must be sent to the Secretary, in writing, who shall at the earliest convenient date call a special meeting of the Committee to deal with it. The Committee shall have the power to take such steps as they consider necessary. An appeal from the decision of the Committee to a General meeting may be granted upon written application signed by at least ten members.
25. Unacceptable behaviour
If in the opinion of the Committee a tenant has used unreasonable behaviour or offers verbal or physical assault to members of the committee or other tenants, the tenancy will be terminated forthwith. In the case of physical assault, the police will be called.
Any dispute between members or between members and the Committee shall be resolved by means of the arbitration process detailed in the Rules of the Society.
Members may sell surplus plants, or produce at the appropriate seasons to other members of the Society, providing that they comply with the conditions laid down by the Committee from time to time.
28. Amendment of Conditions.
Amendment of these Conditions shall be proposed by the Committee and agreed by a majority of members at an Annual General Meeting or a meeting specially convened for the purpose.July 2016