Tenancy Agreement

Tenancy of the Allotments is governed by our Tenancy document. All tenants are expected to adhere to the conditions of tenancy at all times.

 TENANCY AGREEMENT 

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AN AGREEMENT dated —– made BETWEEN (1) Pathways (hereinafter called ‘the Charity’) of 65 Tawny, London W13 9LX and (2) The Tenant hereinafter called (‘the Tenant’)

WHEREBY IT IS AGREED as follows:-

  1. The Charity agrees to let and the Tenant agrees to take a tenancy of allotment plot number HXXX at Haslemere from —Date— to —Date— and thereafter on a yearly tenancy from the first Monday in April.

The yearly rental of £xxx is payable in advance and at a proportionate rent for any part of a year over which the tenancy may extend.

2. THE TENANT AGREES with the Charity

  • To inform the Charity immediately of any change of his/her address.
  • That any Trustee, officer or agent of the Charity shall at all times have the right to enter and inspect the Allotment.
  • Not to use the allotment for residential purposes.
  • Bonfires are permitted on the allotment site from 5pm and 7am GMT (Northfield) and from 11am and 9pm (Haslemere) but must be tended at all times and extinguished immediately if a complaint is received. No plastic or synthetic material may be burnt on site.
  • Not to allow children aged 12 or under onto the allotments unless accompanied and supervised by the plot holder and not to allow them, or any other visitor, to trespass on other plots.
  • Not to keep any livestock on the site. However, a Tenant wishing to keep bees must first obtain the permission from the Trustees by applying in writing to the Trust Office.
  • Not to sublet, assign or part with possession of the allotment or any part thereof without the written consent of the Charity. (Note: A person sharing an allotment plot with the Tenant, with or without the agreement of the Charity, has no right to the allotment plot when the tenancy expires)
  • Not to bring onto the plot nor use any illegal chemical agents or any products prohibited by the Trustees. The Tenant agrees to use quantities of herbicide or insecticide deemed reasonable for the size of the plot and season of the year and to use these in accordance with the manufacturers’ recommendations. They are to be kept in a safe condition at all times.
  • To maintain the security of the allotment garden by relocking the gates after use even whilst in the allotment. The Tenant must not however, change, substitute or tamper with any Charity authorised lock or to add an unauthorised lock or fastening device on the site gates.
  • Not to permit or allow domestic animals to run freely on the Allotment. Any dog shall be held on a leash at all times.
  • Not without written consent of the Charity to erect any building, tool shed or greenhouse on the plot.
  • To indemnify the Charity against any costs or expenses incurred by the Charity in respect of repairs, or for loss or damage caused, to any part of the Allotment or to any structure or item thereon, caused by his/her act, neglect or default.
  • To indemnify the Charity from all claims whatsoever arising from his/ her occupation of the Allotment.
  • To comply at all times during the tenancy to all enactments, statutory instruments, local, parochial or other byelaws, orders or regulations regarding the allotment.
  • Not to connect any hosepipe to stand pipes. Water is available every year from 01 May to 30 September
  • To protect external fencing and keep every hedge which forms part of the allotment properly cut and trimmed and to use his/ her best endeavours to protect any other land and property forming part of the allotment garden.
  • Not to use barbed wire for a fence adjoining any path set out by the Charity for use by other plot holders.
  • To behave in an appropriate manner at all times. Not to act in an abusive or aggressive manner towards other occupiers of the allotment site, officers, agents and trustees of the Charity.
  • Not to cause or permit any nuisance or annoyance, or obstruct or encroach on any pathway or roadway set out by the Charity for the use of the occupiers of the allotment gardens. Footpaths between plots should be 45 centimetres in width and the central paths along the site 1 metre wide at Northfield and 2 metres at Haslemere for driveway access.
  • Not to bring onto the site any refuse or decaying matter other than manure or compost in such quantities as may be reasonably required for cultivation.
  • To keep the Allotment Garden clean and free from weeds and well- manured and otherwise maintained in a proper state of cultivation and fertility and in good condition, and any pathway included thereon shall be kept reasonably free from weeds and long grass.
  • To cultivate the plot only for the production of fruits, vegetables and flowers for domestic consumption and for no other purposes. The plot may not be cultivated solely as an orchard or arboretum.
  • To pay the rent reserved in advance and without deduction otherwise than allowed by the Charity

3. THE TENANCY MAY BE TERMINATED in any of the following ways: –

  • By either party giving to the other 12 months previous written notice expiring on or before the first Monday in April or after 30th September in any year.
  • On the rent day next after the death of the Tenant
  • The tenant giving notice at any time
  • By re-entry by the Charity at any time after giving one month’s notice in writing to the Tenant:
  • If the rent or any part thereof is in arrears for not less than twenty- eight days whether legally demanded or not, or
  • If it appears to the Charity that there has been a breach of the conditions on the part of the Tenant contained in this agreement.
  • On completion of a notice period, all keys must be returned to the Charity and on termination of the tenancy, the Tenant will relinquish title to any tools, structures, shed and its contents, produce or perennial plants or trees left on the plot. The Tenant must return the plot in such condition as shall be in compliance with the conditions contained herein this Agreement.

4. NOTICES

  • Any notice required to be given by the Charity to the Tenant will be deemed to have been served if signed by an authorised officer of the Charity and either handed to him/her in person or sent to the last known place of abode
  • Any notice required to be given by the Tenant to the Charity shall be sufficiently given if signed by the Tenant and sent to the Chief Executive, 65 Tawny Close, London W13 9LX.

 5. DISPUTES

  • In the case of dispute between the Tenant and any other occupier of the Allotment, the decision of the Chief Executive of the Charity will be final and binding on both parties.
  • In the case of dispute between the Tenant and the Charity, the decision of the Board of Trustees will be final.

6. THE CHARITY’S AGREEMENT

  •  The Charity hereby reserves the right at any time during the continuance of this Agreement to vary the written terms of it and upon such variation shall give notice to the Tenant in writing within twenty eight days of the variation.
  • The Charity hereby reserves the right to increase the rent on giving the Tenant at least twenty eight days prior notice in writing.

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