TENANCY AGREEMENT

  1. The association hereby lets, and the Tenant hereby takes, from the first day of April the allotment garden(s) indicated in the enclosed invoice and at the rent indicated payable annually in advance.

  2. Should the Association be desirous of increasing the rent payable under this agreement in respect of any period after the first year then the Tenant will pay to the Association such increased rent as the association may prescribe by giving one month’s notice in writing to the Tenant to that effect.

  3. The tenancy is subject to the following stipulations: -

a). The Tenant shall keep the allotment garden clean & free from weeds & in a good state of cultivation and fertility and shall keep the pathway abutting thereon (or in the case of any pathway abutting on any other allotment garden(s) the half-width thereof) reasonably free from weeds.

b). The Tenant shall him/herself cultivate the allotment garden and shall not use it for any other purpose than an allotment garden in accordance with the Allotment Acts 1908 to 1950 or any amendment thereto and not to use or permit it to be used for the purpose of any trade or business.

c). The Tenant shall not cause or permit any nuisance or annoyance to the occupier of any other allotment garden or obstruct or injure any path set out by the Association for the used of occupiers of the allotment gardens.

d). The Tenant shall not deposit or allow any other person to deposit on the allotment garden any refuse, rubble or any decaying matter except manure or compost in such quantities as may be reasonably required for use in cultivation.

e). The Tenant shall not assign or underlet or part with possession of the allotment garden or any part of it without first obtaining the written consent of the association under the hand of their Trustees.

f). The Tenant shall not without the like consent cut or prune any timber or other trees or take sell or carry away any mineral, gravel, sand, clay, stone, slate, chalk, flints or substrata.

g). The Tenant shall not without the consent erect on the allotment garden any dwelling house, tool shed, greenhouse, pigsty, polytunnel or other building or structure whatsoever but if consent is granted it may be given subject to such conditions as the association may impose and shall not normally exceed 6ft by 4ft in area.

h). The Tenant shall not plant any trees (excepting dwarf fruit trees or bushes) or keep any livestock on the allotment garden.

i). The Tenant shall not permit his dog to enter on any allotment gardens belonging to the Association unless under control on a leash.

j). The Tenant shall not without the like consent erect any fence or hedge on the allotment garden and shall not use barbed wire for a fence adjoining and path set out for use of the occupiers of the allotment garden.

k). Bonfires can only be lit between the months of October and April.  They must not be left unattended and the burning of plastics, foam or rubber is forbidden.  Bonfires must not cause a nuisance to adjoining plot holders or to adjacent householders.  Should the Association be sued for causing a nuisance then the association will respond by suing the member responsible for lighting the bonfire.

l). The Tenant shall conform with such other stipulation as may be agreed by the Association at its Annual General Meeting of which notice shall be given to each member and which shall be held between the first of October and the thirteenth of November in each year

m). The Tenant shall keep every hedge that forms part of the allotment property cut and trimmed and shall keep all ditches properly cleansed and shall keep safe and in good repair any fences, gates and other structures on the allotment garden.

n). Any member of the Association’s management Committee or council Representative shall be entitled at any time to enter and inspect the allotment garden.

o). The allotment garden is let subject to all exceptions, reservations, restrictions and conditions contained in the Conveyance, Transfer or Lease under which the Association holds all the land comprising all the allotment garden.

p). The tenancy shall terminate without notice on the annual rent day next after the death of the Tenant and shall also terminate without notice whenever the tenancy or right of occupation of the Association shall terminate or in the event of the Tenant ceasing to be a member of the Association.

q). The tenancy may also be determined in the following manners:-

                 i) By the Association giving the Tenant six months previous notice in writing expiring on or before the thirty first day of

                     March or on or before the twenty-ninth day of September in any year

                ii) By the Tenant giving to the Association six months previous notice in writing expiring on or before the thirty first day of

                     March or on or before the twenty-ninth day of September in any year

               iii) By the re-entry by the Association at any time after giving three months previous notice in writing to the Tenant on

                     account of the allotment garden being required (a) for any purpose (not being the use of the same for agriculture) for

                     which it has been appropriated under any statutory provision or (b) for building, mining or any other industrial purpose

                      or for roads and sewers necessary in connection with any of these purposes.

                iv) By the re-entry by the Association at any time after giving one months previous notice in writing to the Tenant  (a) if the

                      rent or any part thereof is in arrear for not less than forty days whether legally demanded or not or (b) if it appears to the

                      Association that there has been a breach of the terms or conditions herein contained or (c) if the Tenant shall become

                      Bankrupt or compound with his creditors or (d) if the Tenant shall become resident more than one mile outside the

                      Borough of Elmbridge.

r). The Tenant shall notify the Association of any change of his/her residential address or telephone number

s). Any notice given by the Association to the Tenant may be signed by their Trustees or Chairman or secretary for the time being

and may be served on the Tenant by leaving it at his/her last known place of address or by registered letter or by letter sent by the recorded service addressed to him/her there or by leaving it for him/her on the allotment garden

 

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