Thingwall Allotment Society agrees to let and the Tenant agrees to hire, as a yearly Tenant from: insert date. ​

 

Allotment Number: insert number

 

Allotment Site: Thingwall Road East, Wirral, Merseyside

 

1. The Yearly Allotment Rent will be subject to annual review by Thingwall Allotment Society.

  

2. The Tenancy is subject to the following conditions

a)     The rent will be paid in advance on insert date each year, this will include membership of the Thingwall Allotment Society and any group insurances arranged by Thingwall Allotment Society. Contact information held by the Thingwall Allotment Society will be retained by Thingwall Allotment Society.

b)     The allotment will be used as an allotment and for no other purpose without the prior consent, in writing, of Thingwall Allotment Society.

c)     No tenant will have the right to more than one allotment. 

d)    The tenant must reside within the boundary of Wirral Council. If a tenant moves their permanent residential address outside this boundary, Thingwall Allotment Society may give terminate this agreement.

e)     The Tenancy will end on the death of the tenant. The tenant’s surviving family may continue with the tenancy, with the consent of the Thingwall Allotment Society and on the signing of a new allotment agreement.

f)       The tenant must have public liability insurance associated with operating an allotment garden. As a member of the Thingwall Allotment Society public liability insurance associated with operating an allotment garden is provided.

g)     Thingwall Allotment Society shall accept no liability in respect of any claim whatsoever arising from personal injury to the tenant or any third party and the tenant agrees to indemnify Thingwall Allotment Society in respect of any such claim made against it.

h)     Thingwall Allotment Society shall accept no liability to the tenant or their visitors in respect of any injury, damage to the allotment or theft of any item or structure placed on the allotment.

  

3. The Tenancy can be terminated by Thingwall Allotment Society, giving one month’s notice, if:

a)     the rent is in arrears for 40 days or more, whether legally demanded or not.

b)     after 3 months tenancy, the allotment is not clean and in a good state of cultivation as required by the Thingwall Allotment Society Committee.

c)     the tenant has failed to comply, within a reasonable time, with a notice requiring the tenant to remedy any failure to observe the conditions of this agreement or requirements of Thingwall Allotment Society.

4. The Tenancy can also be terminated by:

a)     Thingwall Allotment Society, giving 12 months’ notice in any year.

b)     Thingwall Allotment Society, giving months’ notice in writing, at any time, if the allotment or any part of the allotment, is required for building works, repairs or improvements. This will include any appropriations associated with statutory obligations placed on the Thingwall Allotment Society by other agencies.

c)     Thingwall Allotment Society being terminated as an organisation

d)     the Tenant, giving 3 months’ notice, at any time.

 5. The Tenant will

1)     keep the allotment fertile, strimmed and clean, with a minimum two thirds under cultivation allotment and not extend the area of the plot beyond those boundaries by either his or her acts or omissions.

2)     not cause any nuisance or annoyance to any other tenant or other person and to be a good neighbour .

3)     be responsible for the conduct and behaviour of any of their visitors to the allotment.

4)    not allow children under the age of 16 on to the site unless accompanied and supervised by the plot holder, or other nominated responsible adult.

5)     not obstruct or encroach upon any path set out by Thingwall Allotment Society for the use of other tenants.

6)     not sub-let or assign, to another person, any part of the allotment.

7)     not use the allotment for any trade or business or for the storage of goods, except those used in the daily maintenance of their allotment.

8)     keep the entire plot clean and properly cultivated ensuring that the plot is kept free of weeds and that the plot and the crops thereon are kept free of pests and disease.

9)     not, without the written consent of Thingwall Allotment Society, cut or prune any trees (except permitted fruit trees – see below), or take or sell any mineral, gravel or clay from the allotment site.

10)  keep every hedge that forms part of the allotment properly cut and trimmed.

11)  keep all ditches properly cleansed.

12)  not use any barbed wire or corrugated metal sheeting or any other sharp materials for a fence or adjoining any path set out by Thingwall Allotment Society.

13)  keep all paths clean and free from weeds, with a minimum width of 40cm (16 inches).

14)  when using pegs, stakes or similar items to set them in such places and such ways that they do not overhang or obstruct adjacent plots or path

15)  not erect any building or structure without the prior written approval of the Thingwall Allotment Society. If consent is given, the maximum size for each will be 2.5m by 1.8m (8 feet by 6 feet); Thingwall Allotment Society first approving the design and type of construction material used. No material should be used that poses a risk to health and safety, for example, corrugated iron, barbed wire and glass etc.

16)  not plant any fruit trees without the written approval of Thingwall Allotment Society. If consent is given, the maximum height of the trees should be 3 metres; all tree branches must remain within the boundary of the host allotment and should not obstruct any pathways.

17)  not place on the allotment any refuse or decaying matter (except reasonable quantities of manure and compost – which must be kept within the confines of a tenants allotment).

18)  not place any matter in the hedges, ditches or dykes or on any adjoining land.

19)  ensure that any dog brought into the allotment are under the control of the allotment holder and any fouling is removed from the site. Tenants have a duty of care to each other and to visitors.

20)  not keep any animals or livestock on the allotment. Chickens may be kept on the allotment with the prior written permission of the Committee of Thingwall Allotment Society (Cockerels are not allowed).

21)  not erect any notice or advertisement on the allotment except on the notice boards provided and then only subject to no objections from the Thingwall Allotment Society.

22)  notify Thingwall Allotment Society of any change of address.

23)  observe and perform any other special conditions, which the Thingwall Allotment Society considers necessary to preserve the allotment from deterioration.

24)  will ensure all pesticides are stored in compliance with regulations, secured in locked sheds.

25)  when using sprays, pesticides or fertilisers take all reasonable care not to adversely affect members of the public, wildlife (other than vermin or pests), neighbouring plots and boundaries.

26)  follow all manufactures or hirers instructions when using machinery and tools

27)  not use power tools before 8am and after 8pm each day.

28)  will not store any combustible fuels on their allotment.

29)  will ensure all water receptacles or features are stable, not sunken and have secure covers.

30)  all sheds and structures are maintained in a reasonable and safe condition.

31)  on termination of this agreement, the tenant will make arrangements for the removal of all personal property with immediate effect.

32)  not light a bonfire, other than barbeques to cook food. If barbeques are used they must be supervised throughout, with water available in close proximity in case of emergency, and must be extinguished at least one hour before leaving the site. Please note that any fire damage to another person's property is not covered by the allotment insurance.

33)  not park their vehicle or allow their visitors to park their vehicle(s) in the car park or grounds of the Warrens Medical Centre.

34)  not leave their vehicle in a dangerous position, blocking access or to cause inconvenience to local residents or other road users

 

6.  Any Committee member of Thingwall Allotment Society will be entitled, at any reasonable time, to enter and inspect the allotment.

 

7.  That in any case of dispute between the tenant, and any other occupier of an allotment  garden shall be referred to the Committee of Thingwall Allotment Society whose decision shall be final

  

8.  Any Committee member of Thingwall Allotment Society may sign any notice or agreement required to be given to the Tenant.

9. This agreement replaces all previous allotment agreements, if any exist, between Thingwall Allotment Society and the Tenant, and if not returned signed within 30 days of receipt, serves as 12 months’ notice of termination in accordance with the Allotments Act