Tenancy agreement — Kenilworth Allotment Tenants' Association

Kenilworth Allotment Tenants Association

Annual Tenancy Agreement

PREFACE

Kenilworth Allotment Tenants Association has three sites situated at Odibourne, Spring Lane and Beehive Hill, which are leased directly from Kenilworth Town Council. The management of the Allotments was devolved from Kenilworth Town Council to Kenilworth Allotments Tenants Association in March 1983.

Kenilworth Town Council place a specific duty upon Kenilworth Allotment Tenants Association and its Tenants to manage and maintain the sites in good order. The effect is that the Association is responsible for the upkeep of the sites, their boundaries and the resolution of difficulties between the members.

AN AGREEMENT made this……………day of…..…………………………….Two Thousand and…………….BETWEEN

Kenilworth Allotment Tenants Association hereinafter called ‘K.A.T.A.’ of the one part and

……………………………………………………………………………. Hereinafter called (‘the Tenant’) of the other part.

WHEREBY K.A.T.A. agree to let and the Tenant agrees to take on a yearly tenancy from the day

Of…………………………………………………..Two Thousand and………….the Allotment Garden Number……………….

At…………………………………………………..site for the yearly rental of £…………………payable yearly, and at a

Proportionate rent for any part of the year over which the tenancy may extend.

THE TENANCY is subject to the Allotment Acts 1908 to 1950 and to the regulations endorsed on this Agreement and Appendices, also to the following conditions:

Any person who at the time of the application for an allotment is resident within Kenilworth shall be eligible to become the tenant of an allotment.

Every application for an allotment shall be accompanied by a completed application form which shall be sent or delivered to the Secretary of K.A.T.A. In letting an Allotment for which there are two or more applicants, preference will be given to an applicant who does not hold an allotment. Otherwise the applicant who first applied will be given preference.

The rent shall be paid on or before the 29th day of September each year and by doing so it shall be deemed that the tenant agrees to abide by this annual tenancy agreement and any amendments and additions which may apply in the future.

The Tenant shall use their allocated plot as an Allotment Garden only (that is to say wholly or mainly for the production of vegetables or fruit crops for consumption by the tenant and his/her family) and for no other purpose and to keep it clean and reasonably free from weeds and in a good state of cultivation and fertility and in good condition.

The tenant shall not cause any nuisance or annoyance to the occupier of any other Allotment Garden, or obstruct any path set out by the K.A.T.A. Committee of the use of the occupiers of the Allotment Gardens.

The Tenant shall not underlet, assign or part with the possession of the Allotment Garden or any part thereof without the written consent of the K.A.T.A. Committee.

The Tenant shall not without the written consent of the K.A.T.A. Committee, cut or prune any timber or other trees, or take, sell or carry away any mineral, sand or clay.

Keeping of livestock on a plot, other than that permitted pursuant to the provisions of section 12 Allotments Act 1950 (domestic chickens and/or rabbits). Tenants wishing to keep chickens or rabbits should consult the Association before doing so.

The tenant shall keep any hedge or path that forms part of the Allotment properly cut and trimmed, keep all ditches properly cleared, maintained and keep in repair any other fences and any gate on the Allotment. The K.A.T.A. Committee shall however undertake the maintenance of such external boundaries as are common

to the Allotments and other such works as it shall from time to time determine.

The Tenant shall not use any barbed or razor wire for a fence. PTO

Any new fruit tree planted shall be planted in accordance with the following directions:-

(a) No standard fruit tree shall be planted within 9 feet of the boundary of any other Allotment, and no other orchard fruit tree shall be planted within six feet of the boundary of any Allotment

(b) No soft fruit bush shall be planted within three feet of the boundary of any Allotment

Any fruit trees or bushes planted shall be kept pruned using good horticultural practice.

The tenant shall not without the written consent of the K.A.T.A. Committee erect any building or greenhouse on the Allotment, and shall be responsible of the removal, or disposal (by safe or otherwise) of any buildings on or before the expiry of the tenancy. Any building or greenhouse not removed at the end of the tenancy will revert to the Association.

The Tenant shall, as regards the Allotment Gardens, observe and perform all conditions and covenants contained in the lease under which K.A.T.A. hold the land. A copy of which is available on request.

Any member or officer of the K.A.T.A. Committee shall be entitled at any time to enter and inspect an Allotment. Right of access is also available at any time to enter and inspect an Allotment. Right of access is also available at any time to, Kenilworth Town Council, Warwick District and County Councils, The Environment Agency, and all utility companies and the emergency services.

14. The Tenancy of the Allotment Garden shall terminate on the yearly Rent Day after the death of the Tenant. The Tenant’s surviving family may continue with the Tenancy, with the consent of K.A.T.A. and on the signing of a new Allotment Tenancy Agreement. The Tenancy shall also terminate whenever the Tenancy or right of occupation of K.A.T.A. terminates. It may also be terminated by K.A.T.A. by re-entry after one month’s notice:

(a) If the rent is in arrears for not less than 40 days OR

(b) If the tenant is not duly observing the conditions of the tenancy OR

(d) If the Tenant becomes bankrupt or compounds with their creditors.

The Tenancy may also be terminated by K.A.T.A. or the tenant by twelve months previous notice in writing expiring on or before 6th day of April or on or after 29th day of September in any year.

The Tenant shall comply with K.A.T.A. membership rules, a copy of which are attached to this Annual Tenancy Agreement.

17. The Committee shall be empowered to resolve any disputes as to the interpretation or effect of these rules as they in their absolute discretion think fit. Such discretion to be exercised at a duly convened Committee meeting held for the purpose at which a quorum of not less than 6 members shall be present and in the event of the voting members being tied in their decision the duly elected Chairman of the meeting shall be entitled to a casting vote.

Signed……………………………………………………………………………………………………………………Date…………………………………

(Tenant or Tenants)

Signed…………………………………………………………………Date………………………………..

(Secretary/Chairman/Treasurer, K.A.T.A.

Issue 2 April 2009