CONDITIONS OF TENANCY
The Society is an Industrial & Provident Society
the Act of 1965. The Society is regulated by the
Financial Conduct Authority (FCA) and subject to the Co-operative
and Community Benefit Societies Act 2014
. "The Rules" mean the rules of the Society registered with
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 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 -
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
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
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
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
9. Right of
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
more than 10% of each plot shall be used for flowers or ornamental
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.
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
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
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.
member shall not cause any nuisance or annoyance to the occupants
(the tenant or visitors) of any other allotment, or to the
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
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.
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:
does not keep their allotment cultivated to the satisfaction of the
b. On the
breach of these Conditions or of the tenants agreements with 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
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
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.