ALLOTMENT TENANCY TERMS AND CONDITIONS
Section 1a Tenants’ obligations and responsibilities to Charlton Kings Parish Council (“the Council”).
1) Residency qualification
*By law, you must be over 18 to hold an allotment but there are no other restrictions on who can be a tenant. Joint tenancies are allowed. Should there be more applicants than available allotments, preference will be given to Charlton Kings residents.
2) Payment of rent
* Invoices are sent out on 1st April and cover the financial year 1st April to 31st March. Rent is due on demand and the council makes an automatic ‘Late Payment’ surcharge to all invoices that are not paid by the due date, i.e. within 40 days as required by law. Payments are not refundable should a tenancy be ended. Reduced charges are levied for plots taken on part way through the year.
3) No sub-letting of a tenancy
*This is a legal requirement. Your Tenancy Agreement is personal to you. If you find that you are no longer able to cultivate your plot to the standard required by your Tenancy Agreement, you must not come to an arrangement with a third party for them to take over part, or all, of your plot. You should talk to the Parish Clerk and by agreement, give up part, or all, of your plot, or see if it would be possible to ‘swap’ plots with someone else. We generally have a waiting list for allotments, and it is only fair that those who have put their names forward for an allotment should receive priority when allotment land becomes vacant. The Parish Clerk will have discretion to vary this condition in special circumstances.
4) Fabric of the allotment
The clause that prohibits the removal of the fabric of the allotment, essentially the soil itself, is one of the more obvious requirements in a Tenancy Agreement. You can, and should, add to the soil by composting but please don’t take it away. Similarly, allotment trees are protected, and the Council’s prior permission is required before an allotment tree can be felled.
5) Notices and advertisements
One of the values that people place on allotments is the intrinsic beauty of higgledypiggledy sheds and crops within a formal matrix of grass paths and well-tended beds. This overall appearance can be easily damaged by unsightly notices and posters. Although no-one would take action against a small, temporary notice on a shed door, better still, use the site notice boards.
6) Allotment produce for personal use of tenants
* Another legal provision is that there is a prohibition on trade or business associated with an allotment. The Allotments Act (1922) defines an allotment garden as “an allotment not exceeding forty poles (1012m²) in extent which is wholly or
mainly cultivated by the occupier for the production of vegetables or fruit crops for consumption by himself or his family” . Allotment gardening in Charlton Kings is for the production off fruit, vegetables, herbs and flowers (and hens or rabbits) only, and these should be for your own or your family’s or friends’ use.
7) Prohibition of tree planting
Planting of standard trees and other shade-casting plants is not allowed because it restricts the options for cultivation by you and, importantly, your neighbours. There may be situations on a plot where this may be less of a problem, but the Parish Council must be consulted and agree. Modern varieties of dwarf fruit trees may be planted but should be kept away from paths and neighbouring plots.
8) Keeping of animals
*The keeping of ‘livestock’ is potentially a serious issue on all allotment sites. The Parish Council has established these straightforward rules which must be adhered to and has also published husbandry standards linked to these rules (see the reference section of these guidelines).
• Only hens (not cockerels) and rabbits may be kept on an allotment, but you must first obtain the written agreement of the Council.
• Where livestock are permitted, the usual rule requiring 80% of an allotment to be given over to the production of fruit, vegetables and flowers may be varied at the discretion of the Council, in order to ensure appropriate space standards are met.
• The size, design and location of animal housing must be agreed, in writing, with the Council before it is built or placed on an allotment.
• Where livestock are kept, their welfare is paramount.
9) Prior consent for the erection of structures
Allotment gardening is an increasingly popular family activity and we encourage the active participation of all the family. Elsewhere, simple allotment sheds have become more elaborate structures that sometimes incorporate ‘patios’ or play areas but, with the pressure to make full use of all our allotment sites, this is not a trend that we can support in the light of current availability of allotment land.
The Council wishes to maintain the traditional appearance of its allotment sites and will not allow a proliferation of sheds, greenhouses, or other temporary structures (permanent structures and solid concrete bases for temporary structures are prohibited). All structures, sheds, and greenhouses must fit within 20% of the area of the allotment.
With the prior, written, consent of the Council, a tenant may erect one shed and a traditional, wood or aluminium-framed greenhouse, glazed with safety glass or polycarbonate panes. ‘Polytunnels’ or fabric-covered frames are not allowed, but traditional cloches, fruit cages and netting frames are welcome.
The maximum permitted size of a shed will normally be 2.5m x 2.0m (8ft x 6ft) and of a greenhouse 3.0m x2.0m (10ft x 6ft). The maximum height permitted for all structures is 2m (6ft).
The keeping of hens and rabbits is allowed (Section 1a (8)) but the size, design and location of animal housing must be agreed with the Council before it is built or placed on the allotment.
New structures must be sited as directed by the Council and where possible, this will be towards the fenced end of a plot, although a gap of at least 0.6m (2ft) should be left between any structure and the boundary fence of any private garden adjoining the allotment site.
If you provide any structure, you must take it with you when you give up your allotment, sell it to another tenant if they are interested or, if it is in reasonable condition, you could donate it to the Council who will make it available to future tenants.
10) Good management of all structures
No charge is made for an existing shed, which is let as part of the plot, but it is a tenant’s responsibility to maintain their shed in a sound and weatherproof condition. A coat of wood preservative, not paint, should be applied at intervals appropriate to the quality of the product used. There are no specifications for the preservative, but it should be of a ‘neutral’ colour so as not to detract from the overall appearance of the allotment site (see Clause 1d 1) Greenhouses must be maintained in a safe condition and any broken glass removed from the site immediately.
If the Council is not satisfied with the state of repair of a structure, it may require the tenant to remove it from the site.
11) Ponds
Often there is not enough room on an allotment for a pond and they can be a serious hazard to small mammals and particularly to young children. Small, shallow ponds may be permitted but prior approval must be sought from the Parish Office. Any ponds that are permitted must be made safe with a suitable barrier or mesh grill over the top.
12) Keeping allotment sites tidy
As far as possible, compost everything organic (Clause 1d 5)), or use the Borough Council’s Green Waste composting scheme.
You are not allowed to bring or store rubbish on an allotment site or dispose of your allotment rubbish elsewhere on the site (and particularly not on adjoining land). Take non-recyclable landfill material away and to a licensed site.
Do not bring in loose stones or bricks to create pathways or to edge plots, as these become a nuisance to future tenants and reduce the area that can be cultivated.
We want our allotments to be attractive, highly regarded parts of the parish and getting rid of rubbish and litter will help to make this happen.
13) Allotment site security
Whilst it is not possible to guarantee the security of allotments or structures, cooperative effort by all tenants together can reduce the likelihood of vandalism and damage. Ensure that you shut gates behind you when entering and leaving the site and see that where they are present, locks are secured. The police are anxious to receive reports from anyone connected with an allotment of any suspicious activity but remember that for a ‘crime’ to be recorded, damage to or loss of personal property must be reported to the police by the owner in person using the police non-emergency number 101
14) Change of Tenant’s contact details
We need to know how to contact you. You must tell the Parish Clerk if you change your address or telephone number. As communications are increasingly made by email, for reasons both of cost and speed, keeping up to date with your email address will also be helpful. We will remove your contact information from our records once you cease to be an allotment tenant.
15) Maintaining and returning your allotment in good condition
Your obligations to maintain your allotment in good condition are clearly set out in Section 1d. Each clause is important. The Parish Council will carry out a formal inspection of the condition of every allotment up to four times a year in order to maintain appropriate standards of cultivation. You must ensure that the post showing your plot number is not damaged or moved and that the plot number is readily readable.
In every case where the condition of a plot has fallen below an acceptable level, a conversation will be held with the tenant. A schedule of standards for plot condition inspections is available and published on the website.
In exceptional cases, Section 3 2) specifically refers to the case when a tenant is considered to be in breach of this clause on termination of a tenancy. The Council reserves the right to levy a financial penalty in order to pay for the plot to be returned to proper condition for a new tenant, so that the cost is not borne unfairly by all tenants collectively.
Section 1b Tenant’s responsibilities for Health and Safety
1) Statement of responsibility
The Council will ensure that it operates its allotments according to the letter and spirit of Health and Safety legislation. We will make sure that a plot is clear of any remediable hazards before leasing to a new tenant and we will tell them of any ongoing health and safety risks or hazards on the allotment site.
However, the Council is not responsible for looking after the safety of yourself, your visitors and any other visitors to your allotment; you are.
This responsibility is not onerous if you use some basic rules of good practice:
✓ Safeguard your personal safety. You may spend long hours on your allotment and there are times when there will be few others or nobody else around. It’s a good idea to carry a mobile phone and let someone know where you are and what time you will return home. You are not allowed to stay on your plot overnight.
✓ Don’t leave tools, hoses or other equipment lying about where they could cause harm or be used by vandals.
✓ Don’t store pesticides (including weedkillers and fungicides), rodenticides, or any other dangerous chemicals on your allotment. Use them carefully and take the containers home to lock safely away or dispose of at a licensed Council facility. There is always a risk of vandalism on allotments and even garden chemicals pose a very real risk if they are thrown around the site.
✓ There is a ‘common duty of care’ on anyone involved in allotment management, so if you have any concerns about safety on your allotment site, you should bring them to our attention.
2) Children and young people
Children and young people are very welcome on allotment sites, but we make a special point about the need to supervise them because they are more likely to be harmed and to accidentally harm others. We support school or other party visits to our allotment sites, but we must know of them in advance to ensure that they will be properly supervised. If you have an idea for a party visit, talk to us first.
3) Prohibition on barbed wire
* It is a legal requirement not to use barbed or razor wire against any paths or roads set out by the Council for the benefit of all plotholders; but on Charlton Kings allotments, the use of all such materials is entirely prohibited.
Section 1c Tenants’ obligations to neighbours
1) Avoidance of nuisance or damage to neighbours’ interests
* Allotments are places of retreat where like-minded people come together to indulge their passion for growing. There are matters of social politeness that we sometimes need to remind ourselves about: when you light a bonfire, if you play a radio, how children and your visitors behave, and the sanctity of other people’s plots and produce, are all things which can detract from or add to the enjoyment an allotment brings. You must keep your activities within the boundaries of your own plot and neither you nor your visitors are allowed to go onto, or take anything from, anyone else’s plot unless you have their permission. Show courtesy too, in not obstructing or damaging grass paths between plots or Council roadways.
A similar level of courtesy and consideration should be shown to nearby neighbours in their houses and gardens.
2) Bonfires
* Bonfires continue to cause serious problems with our neighbours and are the subject of more complaints than any other issue, which is why we have, after repeated complaints, introduced this change to allotment rules.
As long as you avoid causing a ‘nuisance’ to neighbouring properties, and smoke getting onto a road (check wind direction first), bonfires are legal on our allotments during the winter months when there is a reduced risk of causing a nuisance. Unless you have the written permission of the Parish Council that would apply only in exceptional circumstances, you may only light a bonfire in the period 1st October to 31st March. It is best practice to burn only dry, combustible material on a cool, dull day, when others are less likely to be inconvenienced. If you are asked to put out a smoking bonfire because it is causing a nuisance, please do so. Neighbours and other tenants are however asked to note that the Parish Council considers it to be reasonable for allotment tenants to light a bonfire in these conditions.
If you light a fire, you must be there while it is burning and ensure that it is out before you go home. Do not burn green waste, plastics, or any other waste materials; and do not bring anything onto your plot to burn.
Bonfires contribute to poor air quality and to climate change emissions, so wherever possible, allotment waste should be composted or taken to the Swindon Road recycling centre.
3) Dogs
A dog can be a good companion when you are working your plot, but if you do take a dog onto your allotment, you must keep it on a lead and ensure that it can only walk on your plot.
4) Resolution of disputes
It is inevitable that from time to time, there will be unresolvable differences between tenants. Most disagreements are minor and capable of being resolved without the intervention of anyone else. However, in the case of a serious, unresolvable dispute, it should be referred to the Parish Clerk for consideration by the Allotments Committee whose decision will be final and binding.
Section 1 d Tenant’s obligations to maintain the allotment in good condition
1) The purpose of an allotment
This section sets out the basic responsibilities associated with being a Council allotment tenant. There are always new people who want to take on an allotment but who have to wait until one becomes available, so it is fair and proper that tenants make the best use of the land that they have been allotted. The other clauses in this section set out what is expected.
2) New tenancies – showing commitment
Although the Council’s intention is that, wherever possible, allotments will be offered to new tenants in a good condition and without major weed cover, this does not always prove to be possible when existing tenants are given reasonable opportunities to keep their plots.
A new tenant must show that they are actively managing their plot and they have a twomonth period within which to show that they are starting to bring their plot into cultivation. New tenants are treated more leniently than existing tenants during plot condition inspections, and will, normally, be given a year in which to bring a plot into ‘good condition’.
3) Cutting grass and preventing seeding
Although plots are required to be kept “reasonably free of weeds”, there may be times when some weed cover is inevitable, but it should not be allowed to grow up, set seed and spread. The same is true on grass paths between plots: it is each tenant’s responsibility to mow to the mid-point of any path around their plot, but who does what can be agreed in detail between neighbours. Do not use weedkiller on paths. The Council will cut the grass on main thoroughfares through allotment sites to give every plot access over a cut path to a water standpipe
4) Maintaining allotment boundaries
The Council retains responsibility for all fences, hedges and other boundary features and will ensure that any necessary work is programmed and completed. Tenants must ensure that a 2ft (0.6m) minimum width of grass path is retained between their allotments (where the upkeep is the tenant’s responsibility).
5) Composting
Composting of vegetable waste derived from the allotment is an essential part of allotment gardening. Each plot should have an area set aside for composting, preferably using well made wooden or bought plastic compost bins. Advice on composting is readily available and useful references are given in the reference section of these guidelines.
6) Watering plants
In recent years, both the unit-cost and total metered volume of water have increased very significantly £1 now buys just 150 gallons (650 litres) of water, so using a 50ft (15m) hose for just 30 minutes costs £1. We have 250 tenants so, particularly in a dry season, the bills soon mount up.
The fairest way to charge for water is to relate it directly to the area of the plot, so in order to cover the combined water bills for the four allotment sites, a separate annual charge per m² is set at a level that reflects historical use over the previous year. This allows for variations in use to be directly reflected in the water charge and is also intended to draw attention both to the cost of water and the need to minimise use consistent with good gardening practice (references to sound advice are given at the end of this booklet). If you have a shed, you can add to water availability by collecting water from the roof into a water butt.
All tenants must reduce their own water use to the lowest possible level consistent with good gardening practice and three basic rules apply:
• Sprinklers and any form of irrigation system connected to the mains water supply are prohibited.
• Watering of plants, when necessary, is allowed; but only by using watering cans filled from water butts or a standpipe, or by a hand-held hosepipe.
• Use best practice to know when and how plants need to be watered and you will have stronger plants more resistant to dry conditions.
7) Ground-blanketing materials
The use of any type of carpet, or polythene sheeting as ground blanketing material for weed control is prohibited. All carpets are treated with chemicals which can leach into the soil and become a long-term problem, and polythene is rapidly broken down by UV light and becomes brittle and fragmented.
Specialist ground cover suppressants like strawberry matting are allowed. Proprietary woven membranes or tarpaulins may be used for weed-control or as a temporary, shortterm measure to warm up/dry out soil in spring, but should not be left in place in the growing season.
8) Use of pesticides
The term “pesticide” includes not just chemicals to kill invertebrate pests such as insects (insecticides), snails and slugs (molluscicides) and others, and vertebrate pests such as rats and mice (rodenticides), but also all herbicides (weedkillers) and fungicides. Your tenancy agreement allows the use of pesticides but only with the greatest care. Three important rules apply:
• Keep pesticides securely at home. Do not keep them in an allotment shed or greenhouse where they may be taken and handled irresponsibly by vandals, causing damage to your own and your neighbours’ crops. Use them, take
containers home, and dispose of empty containers or unwanted chemicals at a licensed Council site (details at the back of these guidelines).
• When using pesticides, take the greatest care to read and follow the manufacturer’s instructions.
• Do not allow your pesticide sprays to drift onto your neighbours’ plots. Spray on a windless, overcast day and use a physical barrier such as a board to allow you to spray up to edges or against other plants.
9) Using your land effectively
With continuing demand for allotments, it is only fair that best use is made of available land. The purpose of this clause is principally to ensure that allotment tenants have the size of plot that they can fully cultivate. Taking on an allotment is quite a big commitment, particularly in the summer when there are many other demands on people’s time. The Council has 250 allotment plots on 4 allotment sites and there is a wide range of plot sizes available. If you are struggling to keep all your plot cultivated, talk to us to see if you can do a ‘swap’ or give up part of your plot to another tenant. You are not allowed to simply ask someone else to take on the responsibility for part of your plot.
10) Other uses for your land
80% of your allotment must be cultivated for the production of vegetables, fruit, herbs and flowers. A shed and or greenhouse, and compost bins should take up no more than 20% of your plot. Where livestock are kept, they must be allowed appropriate amounts of space (see Section 1a) 8.
Section 2 The Tenant’s right to hold the allotment
1) Yearly renewable Tenancy Agreement
A tenancy created between the Council and the tenant is a legally enforceable contract. It is a yearly tenancy that will automatically be renewed each year subject to the following conditions:
a) Tenants will be invoiced from 1st April and non-payments will be pursued unless the Council receives notice before 31st January in any payment year that the tenant has voluntarily terminated their tenancy.
b) The tenant has kept to the terms and conditions set out in their Tenancy Application, Terms and Conditions, and Agreement document.
From time to time, a major review of the Tenancy Agreement and its associated rules and conditions may be required, at which time tenants will be required to sign a new Tenancy Agreement. Individual rule changes will be brought to tenants’ attention annually with their invoice.
Section 3 *Determining (ending) the tenancy
1) How a tenancy can be ended.
There are many ways in which a tenancy comes to an end, but the death of the tenant is one of them as the tenancy is personal to the individual named on the application and whose signature is on the agreement. The tenancy agreement will be terminated at the end of the month in which the tenant has died. Executors may apply for a rent rebate for the remaining part of the year (to 31st March) or, by agreement with the Parish Clerk, retain occupation of the allotment until all produce then growing is harvested. The plot will be re-let as soon as possible, in order to maintain the good state of cultivation. A tenancy agreement in joint names is allowed. A close family member will be offered the opportunity to take a tenancy on the land in their own name.
Other conditions that will end a tenancy are:
a) The tenant deciding to give up their tenancy
A tenant may give up their tenancy at any time, by writing to the Parish Clerk but no pro rata rebates will be given PLEASE tell us as soon as you have decided to stop using your plot. DON’T just move away or leave it until the next invoice lands on your mat. If we know, we can re-let it to someone else sooner and stop it deteriorating really badly before they can take it over. It’s only fair.
b) Allotment land required for other purposes
There may be occasions where allotment land is needed for other purposes that would take priority; either temporarily or permanently. Two specific cases are Identified:
i. Land may be compulsorily purchased by a government department or agency for any purpose (other than agriculture); for example, new roads, a cemetery, housing, etc.
ii. Industrial development may also take land by compulsory purchase.
c) The Council deciding to end a tenancy
There are two situations where the Council may take land back from a tenancy agreement:
i. If a tenant is in rent arrears
*A tenant is legally bound by their agreement to pay the total rent due for the current year within 40 days of it being demanded. After that time, the Council may end the tenancy by giving one month’s notice and reclaim the land with no further reminder or communication. In practice, the Parish Clerk will always seek to have the rent paid so that the tenancy can continue, but the Council does not intend to use the Clerk’s time to regularly chase up overdue rents and will make an automatic surcharge to any account that is not settled by the due date.
ii If a tenant breaches their terms and conditions
If the Council, after discussion with the tenant, considers that the tenant has breached the terms of their tenancy and that this is not able to be remedied, it may terminate the tenancy agreement, with one month’s notice
d) Compensation at end of a tenancy
*Allotments Acts provide for the payment of compensation by the Council in a variety of circumstances where a tenancy has been brought to an end. Provisions are complex and can relate to refund of rent and loss of crops.
2) Penalty to restore an allotment to good condition
*This clause covers the situation where, despite our best efforts to work with the tenant, the condition of the allotment is held to have deteriorated to the point that it is not in “good condition”. In such cases, when the tenant is evicted, the Council reserves the right to levy a financial penalty on the tenant to an amount that will pay for the restoration of the allotment to “good condition”, using a contractor appointed by the Council.
Section 4 Serving of Notices
1) Parish Council’s address
The address of the Parish Council is given on the Allotment Tenancy Application Form. It is:-
The Clerk to Charlton Kings Parish Council 26 Church Street, Church Piece, Charlton Kings, Cheltenham, GL53 8AR
2) Tenant’s address
The address that an applicant for a tenancy agreement gives on their application form will be the one to which any notice required to be served on the tenant by the Council will be sent. For the avoidance of doubt, the Council will use the Royal Mail’s Recorded Signed For delivery service.
ALLOTMENT TENANCY AGREEMENT
The Allotment Tenancy Agreement itself is a short and straightforward document, running to just one side of A4. It relies on the information given on the Allotment Tenancy Application Form and is subject to the Allotment Tenancy Terms and Conditions which should be read in conjunction with these Allotment Tenancy Rules and Conditions
Laws relating to allotments change from time to time and so does best practice in allotment use. Your allotment tenancy sets out straightforward conditions that you must meet, and the Rules and Conditions set out in this document are intended to give more detail (and be updatable) than is practicable in a short tenancy document that is signed only at the start of a tenancy agreement. Rent for the land is calculated on a £/m² basis, and there is a separate annual charge/m² paid by all tenants for the supply of water from standpipes. Both are reviewed annually. The land rent adjusts by the September RPI % inflation rate and the water charge is set to cover the cost of supplying water, based on the previous year’s usage.
An Allotment Tenancy Agreement is a legal contract and should not be entered into lightly. The Council will work to ensure that tenants get the best value from their investments of money and time but will enforce the terms and conditions in all allotment tenancies
