One thousand nine hundred and day of An Agreement made the BETWEEN THE HAVANT BOROUGH COUNCIL (hereinafter called the Council) of the one part and (tenants name) of (address)
(hereinafter called “the Tenant”) of the other part WHEREBY the Council agree to let and the Tenant agrees to hire from the date hereof until the (date) next and thereafter as a yearly tenant of the Allotment Garden plot numbered ------ in the list of Allotment Gardens provided by the Council at (site----) containing -------sq.m and hereinafter called “the Allotment Garden” SUBJECT to the exceptions and reservations contained in the Lease or Agreement under which the Council held the land at the present yearly rent of -------- payable yearly in advance and at a proportionate rent for any part of a year over which the tenancy may extend. The tenancy is subject to the provisions of the Allotments Act 1908 to 1950 and any enactment amending or replacing the same and in particular the following terms and conditions. The rent shall be paid in advance on the First day of January in each year. The (1) Council reserves the right to review the rent annually and to give the tenant 12 months notice of any proposed change therein. Subject to Condition (3) below, where the tenancy commences otherwise than on the (2) First day of January the amount of rent payable in respect of the period from such commencement to the next following First day of January shall be such fraction of the annual rent as the Council in their discretion determine and notif) to the Tenant and shall be payable on the signing hereof. Where the rent exceeds s1.25 per annum the Tenant may nevertheless pay the same (3) by four equal quarterly instalments if he/she so wishes on the First day of January, April, July and October, The Tenant shall use the Allotment Garden wholly or mainly for the production of (4) vegetables and fruit crops for consrmption by the Temwt or his or her family. (5) The Tenant shall not use the Allotment Garden as a Market Garden.
The Tenant shall keep the Allotment Garden free from weeds, well maintained and in 6) a proper state of cultivation. .. The Tenant shall not cause any nuisance or annoyance to the occupier of any other (7) Allotment Garden or of premises in the vicinity of the Allotment Garden site or obstruct any path set out by the Council for the use of the occupiers of any other Allotment Garden. No garden refuse or other rubbish shall be deposited on any part of the Allotment Garden site the Tenant. The Tenant shall not underlet, assign or part with the possession of the Allotment Garden or any part of it.
(8)
The tenant shall not, without the written consent of the Council, cut or prune any timbers or trees, or take, sell or carry away any mineral, gravel, sand or clay, orpermit arzy other person to do so.
(9)
(10) The Tenant shall NOT, without the written consent of the Council, erect any building or erection whatever on the Allotment Garden. (11) The Tenant shall keep every pathway and hedge that forms part of the Allotment Garden properly cut and trimmed and keep all ditches properly cleansed and maintained (12) The Tenant shall not use barbed wire or afly other material for a fence adjoining any path set out by the Council for the use of occupiers of any of the Allotment Gardens. (13) The Tenant shall keep any Allotment Garden shed creosoted and in good repair and coiiditioii to the satisfactiorl of the Council. (I-/) The Tenant shall not use atv Allotment Cardell shedfor the storage of any goods or materials other than those used directly in the culti\~ation and maintetmamze of the AIlotmeJit Garde)] arid in particular the Tenant shall not store any motor vehicle thereon or therein. (15) The Tenant shall not burn ally material except Allotment Garden rubbish 017 their Allotmerlt Garden arid shall first take precautions to avoid nuisance to other Allotment Garden terrarlts and the householders of properties adjoining the site; without prejudice to the generality of this clause the Tenant shall note the witid direction in considering annoyance likely to be caused to these persotis by the smoke of their bonfire. (Note: any complaints received shall be initially referred to the Corrrrcil’s Allotments Officer (or such other OfJicer as may from time to time be designated) alrthorised by the Comlcil to deal with such complaints and the Council intends to take flrrther actiotl as Jrecessary). (16)
(I 7)
i’Ike Tenant-shall display the appropriate Allotment Garden plot number at all times.
i%e Tenant shall not abuse the water system by interferirig with or maniplrlatiltg any part of the system irt order to run a hose pipe or sprinkler system to his or her Allotment Garden. (18) 7he Tenartt shall indemr@ the Cozuicil agairist all costs, claims and liabilities which may arise in connectiorl with his or her tenancy of the Allotment Garde11 and shed. (19) i’3e Tenant shall, not later then the determiriation of his or her tenancy, remove or -. cause to be removed at the request and direction of the Comlcil’s Allotments Officer (or such other Officer as may from time to time be designated) any btrildirigsJ/sheds/or other structure erected on the allotment garden by the Tenant. If the Council requests in writing and the Tenant refztlses or fails to remove a shed, building or structure situate upon the Allotment Garden the Coumzil may remove the same and the cost thereof shall be chargeable to the outgoing Tenant andpayable by such person within one month of demand. (20) Any person authorised by the Council shall be entitled at any time to enter and inspect the Allotment Garden.
(2 1) The Council reserves the right to re-enter after three months’ notice expiring at any time in the event of the Allotment Gardens being required by building or any of the Council’s other statutory functions. (22) The tenancy may be determined by the Council or Tenant by twelve months’ notice in writing expired on or before the First dq of Jamary or on or after the thirty First a$ of Jil& (23 j That the Tenant paying the said rent and observing the conditions herein contained shall quietly hold and enjoy the premises during the said term without lawful interruption by the Council or any person claiming under or in trust for them. (24) If the said rent or any part thereof shall at any time be in arrears for twenty-one days after the same become due (whether legally demanded or not), or there shall be a breach by the Tenant of any of the foregoing conditions or if the Tenant shall commit any act of bankruptcy or compound with creditors then the Council may without prejudice to any right in respect of any antecedent breach of conditions by the Tenant re-enter upon the premises and determine the tenancy.
Signed Head of Leisure and Community Services Dated
Signed Allotment Garden Tenant Dated
NE3 It would be helpful if Tenants who cease to cultivate their Allotment Garden and intend to give up their tenancies would notify the Council by letter as soon as possible so that the Allotment Garden can be re-let and not become derelict. Where prompt notification is made the Council will generally waive the period of notice mentioned in Condition (22) Please Note that the Council is entitled to seek contpemation of up to L200 on the grounds of ilon-crrltivation of the AIIotmellt Garden. that failure to cultivate the Allotment Garden within three months of the Allotment Garden being let, steps will be taken to recover the Allotment Garden from the Tenant except ifi cases of ill health supported by a doctor’s cert$cate. that a deposit of L5.00 will be requiredfor an Allotment Garderr site gate key. that a fee of PT. 00 wiN be chargedfor replacing a lost key.