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ADAA Tenancy agreement Aug 2010
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Anstruther & District Allotment  Association (A&DAA)

TENANCY AGREEMENT

 

Welcome to Anstruther and District Allotment Association, and for the purposes of this document it will be known as the ‘Association’. We hope you will enjoy your time on the allotments, make new friends and develop your gardening skills as well as producing fine food for your table.

 

The ADAA has an elected committee of representives that are made up of elected members of ADAA. These are elected at the annual general meeting of the Association.

 

This agreement contains the allotment rules, advice on health and safety, and information about various groups with an interest in allotments.

 

Happy gardening!

 

YOU AND YOUR PLOT

Size is measured in metres

A full plot is roughly 15 x 10m and half plot is roughly 7.5m by 10m. Paths between allotments have not been measured.

 

 

 

 

1. REVIEW OF CHARGES, SERVICES AND RULES

 

The ‘Committee’ reserves the right to review this agreement and the charges for allotments and services as required. Before making any changes the Committee  will give you notice of such changes.

 

2. PAYMENT OF RENT AND TERMINATION DUE TO NONPAYMENT

 

The rental charge will be set/agreed annually by the ‘Committee’ and shall be payable in advance by the first day of August (except in year one). The let will be on a year to year basis; the ‘Association’ will be entitled to terminate the lease as at the 31st July in any year by giving written notice to that effect no later that the 14th of May in that year. If the rental remains unpaid for a period of one (1) months, the tenancy will be deemed to be terminated with immediate effect, and the plot will be re-let without further notice.

 

3. ASSIGNMENT AND SUB-LETTING

 

(a)            You are responsible for the allotment and may not sub-let it or pass the tenancy on to anyone else, and you must notify the Allotments Secretary in writing if you intend to give up the allotment  2 months in advance.

 

(b)            Vacant plots will be filled using the official site waiting list for the site on a first come first served basis unless their are exceptional circumstances which will be reviews by Fife Council. This list is kept and maintained by the Allotments Secretary and people waiting are advised to register with Fife Council Allotments Officer and ADAA (via allotments secretary). Details can be obtained from the Allotments Secretary.

 

(c)            Existing plot holders who wish to change plots should place their names on the site waiting list. Any such changes will be at the discretion of the committee and as a plot becomes vacant priority will be given to internal changes before a plot is let to a new tenant.

 

(d)            It is not permitted for plot holders to pass on their tenancy in part or in whole, to any other party by private agreement. In the event of this being established the tenancy will be terminated and the plot let following the agreed procedure. The tenant must advise the Allotments Secretary if they wish to terminate their tenancy and thereafter re-letting will be carried out in accordance with the procedure outlined above.

 

(e)            If any tenant is unable to service their plot through illness, temporary disability or temporary absence then it will be permitted to allow a third party to service the plot for a period of 12 months. All such arrangements must be made through the ‘Committee’. If after 12 months the situation persists then the tenant will be given the opportunity to terminate their tenancy. If this opportunity is not taken, an appraisal will be made to determine how much longer the situation may be allowed to continue. In certain circumstances the arrangement may be extended for a further 12 months after which if the tenant is still unable to service their plot the tenancy will be terminated and the plot re-let in accordance with the letting process.

 

4. USE

You may use the allotment for the cultivation of fruit, vegetables, flowers, and herbs. Plots must not be used for any illegal purposes or  commercial gain. Applications to keep bees and fowl will be at the desecration of the committee.

 

For the avoidance of doubt, sale of surplus produce in small quantity shall not be a breach of this clause. You must receive the approval of the Committee to keep bees, or fowl and provide them with appropriate conditions.. The allotments must not include sheds, lawns, patios or similar. Communal facilities will be provided where possible, subject to funding.

 

5. NON-CULTIVATION

Tenants are expected to maintain their plots to an acceptable standard with regard to good horticultural practice and to maintain an acceptable level of cultivation. Where it is considered that plots are being neglected the plot holder will be duly advised (see appendix 1) and will be expected to improve the quality of maintenance. In the event that a plot remains in a neglected state the termination of the tenancy will be considered by the committee according to appendix 1.

 

6. INFRASTRUCTURE

If you see any damage to the infrastructure of the Site (i.e. water supplies, fences and gates, etc) this should be reported to the Allotments Secretary.

 

7. PATHS

You are responsible for maintaining paths bordering your allotment in good order and free from obstruction.

 

8. COMMUNAL AREAS

You are jointly responsible with all tenants on the site for the general maintenance of Communal facilities, e.g. poly-tunnels, rabbit proof fencing, communal sheds etc.

 

9. GATES

All plot holders should obtain a key for the padlock securing the front gate and communal shed if provided. This is available from the allotment committee on payment of the appropriate deposit. On termination of their tenancy this key will be returned and a proportion of the deposit returned. The main gate shall be secured at all times when the last person exists the site. The unauthorised duplication of keys is strictly forbidden.

 

10. SHEDS, FENCES AND GREENHOUSES

Due to limitations of space and local concerns regarding the appearance of the site, no sheds or greenhouses may be placed on individual plots. Communal sheds will be provided and further facilities such as polytunnels may become available subject to funding. Internal fences must not obstruct the use of paths or be so high as to have a detrimental effect on neighbouring plots. All structures must be approved by the ‘Committee’ before construction commences.

 

11. Removal from site You must not take sell or carry away any mineral, sand, earth or clay without the written consent of the Land Owner and ‘Committee’.

 

12. RUBBISH *

No rubbish may be left anywhere on the allotments.

 

13. TREES *

Trees may only be planted by agreement and approval of the ‘Committee’ in conjunction with the Land Owner..

 

14. WATER *

You may not make excessive use of water where it interferes with any other users access or tamper with the supply. You are responsible for reporting water leaks to the Allotments Secretary.

 

ALLOTMENT RULES

15. Fires and Bar-b-q *

Bonfires are not allowed.

Bar-b-q ‘s are allowable but please be aware of the neighbours

 

16. CHEMICALS *

Plot holders should not normally use pesticides or weedkillers. If, exceptionally, a plot-holder sees a strong need for the use of pesticides or weedkillers, the matter must be referred to the ‘Committee’ for consideration.

Chemicals must not be stored onsite.

 

17. NUISANCE *

You must not cause undue nuisance or annoyance to any other tenant or to the occupants of any premises

adjoining the allotment site, either through an action or inaction, or by rude or offensive behaviour, whether

through carelessness, ignorance, or persistent or deliberate action. If any plot-holder has occasion to complain about the behaviour of any other plot-holder, the complaint should be made, in writing, to the Allotment Secretary.

 

18. DOGS *

Any dog under your control must not be allowed onto any allotment but your own, and excrement must be removed

from the site promptly.

 

19. Children

Plot-holders who bring children to the Allotments are responsible for their safety and behaviour.

 

20. BARBED WIRE

You must not use barbed wire, razor wire or similar on the allotment.

 

ALLOTMENT HEALTH & SAFETY - ALLOTMENT RULES (CONTINUED)

An allotment tenant has a legal duty of care to others and themselves, requiring that the plot is maintained and used safely. You could be sued for failing in this duty.

 

1. PATHS

Ensure that paths are not obstructed at any time; do not put stones on paths as these may fly up when the

paths are strimmed; do not use weedkiller or put wood chippings or carpet on grass paths as these will cause

the paths to deteriorate; and keep grass paths trimmed so that the route is obvious. Do not pull a hose taut

across a path - it may cause someone to trip.

 

2. CANES AND POSTS

Canes and narrow posts should be capped to avoid eye injury - an upturned plastic water bottle will do. Short

metal posts should not be used near paths – they may cause a passer-by to trip.

 

3. PONDS

Ponds are not allowed on the site. .

 

4. POWER AND HAND TOOLS

Before using a power tool, ensure you are familiar with the instructions and use the recommended safety wear.

Remember that a strimmer/brushcutter can throw a stone 15 metres, or over 3 plots. Whilst operating equipment, particularly on or adjacent to paths, be aware that others may walk up behind you without realising that you can’t hear their approach. Do not leave tools lying on the path. Ensure that blades are sheathed or stored in a safe place when not in use. Lay rakes on the ground point-side down.

 

5. GARDENING CHEMICALS

Keep all chemicals in their original, labelled containers and follow the instructions carefully. Store the chemicals

in a safe place, preferably out of the reach of children.

 

6. MANURE

Horse manure and other manures should be composted for at least six months to avoid contamination of the soil

by veterinary products.

 

7. PETROL, PARAFFIN AND GAS

If you use a petrol-powered tool, bring sufficient fuel for your requirements and take away any fuel left over. If you

use LPG gas to boil water, do not keep spare cylinders in the same area.

 

8. BROKEN GLASS & SIMILAR HAZARDS

Wrap broken glass in newspaper and dispose of it and other hazards, e.g. scrap metal, safely away from the

allotments.

 

9. ASBESTOS CEMENT

Asbestos cement is not to be used on the Site.

 

10. BONFIRES

Bonfires are not allowed on site

11. GIANT HOGWEED

Giant Hogweed is often found close to rivers and canals. It contains a substance within its sap that makes the skin

sensitive to ultraviolet light. This can result in severe burns, swelling and painful blistering. Contact occurs either by brushing against the bristles on the stem or breaking the stem/leaves. In the event of contact with the sap, the skin should be covered to reduce exposure to sunlight and washed immediately and thoroughly with soap and water.

 

12. FOR VISITORS

Remember that you are responsible for your visitors at all times. Please draw their attention to these points:

Allotment paths are often crooked and uneven so be careful where you walk, and in particular watch out for

obstructions that may be obscured by vegetation. Don’t stray off the paths: soil which appears firm may be recently dug and thus soft;. Never approach someone who is using a power tool, particularly if they are wearing ear defenders: they are unlikely to be aware of your approach and may swing round and catch you with a cutting blade or similar.

COMMITTEE RESPONSIBILITIES & CHANGES IN RULES

 

1. Committee responsibilities/Changes in Rules etc

It is the responsibility of the Committee to revise these Rules and Information points as required, and to ensure that all plot-holders are aware of them. It is the responsibility of the Committee to make all plot-holders aware of the Association's Constitution and to organise Meetings of the Association as required, in particular, the AGM.

The Committee undertakes to keep plot-holders well informed about the Association, in particular by means of an online Blog and emails.

 

 

APPENDIX 1

DISCIPLINARY PROCEDURE

ALLOTMENTS

 

The following procedure should be carried out when any individual plot holder within the allotment site has contravened the rules. The disciplinary procedure can only be actioned by Fife Council or the Association Committee authorised to carry out any such disciplinary action.

 

Verbal warning First breach of the site rules The committee member issuing the verbal warning should be accompanied by at least one other member of the committee. The warning should be entered in the minutes of the next committee meeting. (A written record of this must be kept determining the reason for the action and copied to the individual or group involved)

Written warning

If after 1 month no satisfactory outcome has been achieved a written warning can be issued.

Final written warning If after a further 1 month there is still no satisfactory resolution then a final written warning can be given.

Letter of termination If after a further 1 month there has been no satisfactory solution achieved, then a letter of termination can be served with immediate effect.

When a warning has been given it will remain effective for 1 Year from the date of issue.

 

Within this period, the committee, can move to the next level if a further breach of the rules is committed.

 

If it is considered appropriate, in regard to the gravity of the misconduct, any one or number of the steps can be omitted at the discretion of the committee.

 

 

Tenant _________________________ Print Name

Tenant _________________________ signed

ADAA committee member _________________________ signed

 

 

 

Please inform us of any change of address, as this is used for the Association’s Secretary’s communications.