Allotment Tenancy Agreement
An agreement has been made between Appleby Magna Allotment Society and allotment tenants that from October 2011 all tenancies shall be held subject to the following rules.
Joining and start up process.
Appendix A has been produced as a result of minor misunderstandings regarding what happens when a new member of the Society enrols as an allotment holder.
1. Application:
Applications are encouraged through the web site (www.applebymagnaallotments.co.uk but because internet access is not universal you may also apply in person, through an existing member, letter or telephone. You will receive an application form and a “Growing in our Community” booklet explaining how we manage the Society on behalf of the Appleby Magna Parish Council.
2. Allocation:
Plots may be allocated if they are in short supply. If they are freely available then an element of choice may be available. Any offer of choice will be determined by the committee. Once a plot has been selected the selection will be recorded by the Secretary and the selection may not be varied without consultation with and the written agreement of the committee.
3. Recording:
The following information shall be recorded prior to starting:
• Application form.
• Plot number.
• Position on the site map.
• Signed tenancy agreement with special note taken of the cultivation requirements.
• Receipt of payment for the year.
4. Start of cultivation as a new member.
Cultivation may begin when the new member receives written approval from the Committee and fees have been received by the Treasurer.
5. Amended cultivation requirements for new members.
For existing members there is a requirement for the plot to be under substantive cultivation by 1st April. Since new members may be allocated plots either close to that date or possibly even after that date. The requirement in this situation is for the plot to be under cultivation within 4 months of start up.
Appendix B
General Notification regarding plot maintenance.
One of the objectives of the Appleby Magna Allotment Society is to encourage new members to join and increase the number of plots available. Progress has been made by securing additional land to develop as new allotment plots as well as improving the condition and tidiness of the overall allotment area.
One of the conditions that new members are required to accept is that their plots are under substantive cultivation by 1st April each year, the same conditions that apply to existing members
This Appendix explains to all members what that requirement means so that there are no misunderstandings. Secondly it describes how the committee plans to deal with complaints about members, who perhaps for very good reasons are unable to maintain their plots in a reasonable condition.
Definitions:
1. Cultivation - This is a subjective area and AMAS follows the guidelines suggested in NAS Policy Document 108. Cultivation Standards, Paragraph 2 (reproduced for clarity below
2. As a minimum requirement, the Society believes that allotment gardens should be cultivated
a )in a way that does not interfere in a material way with the enjoyment of neighbouring tenants,
b) or that is likely to impede the ability of the allotment provider to re-let the plot at a later date.
Relevant observations:
Right of tenure – No member has a right to tenure. All members renew their membership annually subject to the conditions of the Tenancy Agreement. This applies to everyone and there are no exceptions. (Tenancy Agreement can be found on the website)
Right to be heard – If you have any concerns, all members are encouraged to attend the AMAS meetings (see website for dates) or to contact committee members with their views (Committee members listed on the website/ Notice board
Personal circumstances – If for whatever reasons your circumstances to change and the time you have available to spend tending your allotment is reduced please inform the Committee in writing. If the circumstances are relatively temporary then the Society would accept that a plot may have a level of deterioration for a short period.
The Society would wish to be informed of the issue, though, rather than discover the issue through a third party complaint.
If you have time or health issues, please discuss how The Society can help you, whether it is through part time assistance or helping you move to a smaller plot we are here to help our members enjoy their allotments and to make sure that they do not become a burden and a source of complaints.
Enforcing the Tenancy Agreement.
When a complaint is received:
1. On receipt of an observation or complaint, the plot in question will be inspected to verify the complaint and the member will be contacted to discuss the situation. If a workable solution is agreed, additional 30-days will be allowed to put the plot into an acceptable condition.
2. If a member fails to meet the conditions of this agreement regarding cultivation and general condition a letter or email will be sent which will invite the member to attend a meeting to discuss the matter and ways forward in person.
3. A date will be nominated by the committee with alternatives offered if not suitable. Should the invitation not be accepted then the committee shall assume the individual no longer wishes to remain as a member and a letter of termination will be issued.
4. A further 30-day period will be granted to remove any personal items of value from the plot (sheds, green houses and tools etc.)
5. Membership fees run from January to December and on termination of the Tenancy Agreement will not be refunded. Any remaining period will be passed on to the next holder of the plot.
- That all tenancies shall be annual, dating from January 1st in any one year and to terminate on December 31st. New tenants will be subject to the joining and start up process. Please see Appendix A.
- The tenant shall keep the allotment clean and in good state of cultivation and fertility. Rubbish should be composted if possible, or burned on the tenant's own allotment. Rubbish, including garden refuse must not be deposited at any time in any other place in the allotment grounds. Rubbish not appertaining to the allotment must not be stored.
- The tenant shall not cause any nuisance or annoyance to the occupier of any other allotment, or obstruct any path set out by the Council for use of the allotment holders.
- The tenant shall not let or assign, sub-let or lend possession of any part of his/her plot(s) without the prior consent, in writing, of the Society.
- The tenant shall not, without the written consent of the Committee, cut or prune any timber on communal areas, or take, sell or carry away, any soil, mineral, sand or clay.
- The tenant shall not use any barbed wire for a fence adjoining any path set out by the Council for the use of the occupiers of the allotments.
- The tenant shall not erect any building on the allotment or without the written consent of the Society. In the event that you wish to plant fruit trees or any shrub variety that grows to over 10’ you will have to request permission through the Committee from the Parish Council as the land owner.
- Any member of the Council, or officer of the Council, shall at any time when directed by the Council, enter and inspect the allotment site.
- The tenancy will be terminated if: -
a) The rent is in arrears for more than 30 days.
b) The tenant is not observing the conditions of the tenancy.
c) Cultivation and substantive plot maintenance has not commenced by the 1st April (no refunds will be given) Please see Appendix B. - The Society may also terminate the tenancy after the death of the tenant, and it may then be offered to any member of the family who was residing with the tenant immediately prior to his/her death. The tenancy shall then terminate as in rule 1.
- In the allocation of tenancies preference shall be given to persons resident in Appleby Magna, Appleby Parva and Measham (DE12 Postal code)
- Dogs must be kept on a leash while in the allotment area, including any part of the allotment grounds.
- Car parking space is provided within the allotment area, and all tenants are asked to co-operate by using the same and keep all roadways clear.
- It is requested butts be used wherever possible to collect rainwater from greenhouses and sheds.
- Mains fed Sprinklers and trickle hoses buried or not, should not be used to water allotments unless in exceptional circumstances.
- The tenant is permitted to erect rabbit fencing, no higher than 1m high.
- The Appleby Magna Parish Council does not allow any livestock to be kept on the Rectory Lane site. Plots are for growing vegetables and fruit and any annual or perennial flowers
- The Society is charged for removing items deemed hazardous by waste management companies - these currently include but are not limited to, asbestos, used vehicle tyres, carpet/floor coverings. Use of these items on AMAS plots is therefore forbidden.
Joining and start up process.
Appendix A has been produced as a result of minor misunderstandings regarding what happens when a new member of the Society enrols as an allotment holder.
1. Application:
Applications are encouraged through the web site (www.applebymagnaallotments.co.uk but because internet access is not universal you may also apply in person, through an existing member, letter or telephone. You will receive an application form and a “Growing in our Community” booklet explaining how we manage the Society on behalf of the Appleby Magna Parish Council.
2. Allocation:
Plots may be allocated if they are in short supply. If they are freely available then an element of choice may be available. Any offer of choice will be determined by the committee. Once a plot has been selected the selection will be recorded by the Secretary and the selection may not be varied without consultation with and the written agreement of the committee.
3. Recording:
The following information shall be recorded prior to starting:
• Application form.
• Plot number.
• Position on the site map.
• Signed tenancy agreement with special note taken of the cultivation requirements.
• Receipt of payment for the year.
4. Start of cultivation as a new member.
Cultivation may begin when the new member receives written approval from the Committee and fees have been received by the Treasurer.
5. Amended cultivation requirements for new members.
For existing members there is a requirement for the plot to be under substantive cultivation by 1st April. Since new members may be allocated plots either close to that date or possibly even after that date. The requirement in this situation is for the plot to be under cultivation within 4 months of start up.
Appendix B
General Notification regarding plot maintenance.
One of the objectives of the Appleby Magna Allotment Society is to encourage new members to join and increase the number of plots available. Progress has been made by securing additional land to develop as new allotment plots as well as improving the condition and tidiness of the overall allotment area.
One of the conditions that new members are required to accept is that their plots are under substantive cultivation by 1st April each year, the same conditions that apply to existing members
This Appendix explains to all members what that requirement means so that there are no misunderstandings. Secondly it describes how the committee plans to deal with complaints about members, who perhaps for very good reasons are unable to maintain their plots in a reasonable condition.
Definitions:
1. Cultivation - This is a subjective area and AMAS follows the guidelines suggested in NAS Policy Document 108. Cultivation Standards, Paragraph 2 (reproduced for clarity below
2. As a minimum requirement, the Society believes that allotment gardens should be cultivated
a )in a way that does not interfere in a material way with the enjoyment of neighbouring tenants,
b) or that is likely to impede the ability of the allotment provider to re-let the plot at a later date.
Relevant observations:
Right of tenure – No member has a right to tenure. All members renew their membership annually subject to the conditions of the Tenancy Agreement. This applies to everyone and there are no exceptions. (Tenancy Agreement can be found on the website)
Right to be heard – If you have any concerns, all members are encouraged to attend the AMAS meetings (see website for dates) or to contact committee members with their views (Committee members listed on the website/ Notice board
Personal circumstances – If for whatever reasons your circumstances to change and the time you have available to spend tending your allotment is reduced please inform the Committee in writing. If the circumstances are relatively temporary then the Society would accept that a plot may have a level of deterioration for a short period.
The Society would wish to be informed of the issue, though, rather than discover the issue through a third party complaint.
If you have time or health issues, please discuss how The Society can help you, whether it is through part time assistance or helping you move to a smaller plot we are here to help our members enjoy their allotments and to make sure that they do not become a burden and a source of complaints.
Enforcing the Tenancy Agreement.
When a complaint is received:
1. On receipt of an observation or complaint, the plot in question will be inspected to verify the complaint and the member will be contacted to discuss the situation. If a workable solution is agreed, additional 30-days will be allowed to put the plot into an acceptable condition.
2. If a member fails to meet the conditions of this agreement regarding cultivation and general condition a letter or email will be sent which will invite the member to attend a meeting to discuss the matter and ways forward in person.
3. A date will be nominated by the committee with alternatives offered if not suitable. Should the invitation not be accepted then the committee shall assume the individual no longer wishes to remain as a member and a letter of termination will be issued.
4. A further 30-day period will be granted to remove any personal items of value from the plot (sheds, green houses and tools etc.)
5. Membership fees run from January to December and on termination of the Tenancy Agreement will not be refunded. Any remaining period will be passed on to the next holder of the plot.
