The Licence Agreement

The licence agreement everyone signs if you want to rent an allotment plot

TONBRIDGE ALLOTMENTS & GARDENS ASSOCIATION

(Amended July 2019)

A LICENCE AGREEMENT made the day of 20

Between (1) The Tonbridge Allotments and Gardens Association run by its elected executive committee (“The Association”) and (2)

The Tenant/s……………………………………………………………

Address ……………………………………………………………………………………………………………………………………………………………………………………

Email:……………………………………………………….

Telephone No: ……………………………………

WHEREBY IT IS AGREED as follows:

1. Agreement to Let

The Association agrees to let and the Tenant/s agrees to take on a yearly licence to occupy from ……1^st October 20 ………. the Allotment Garden numbered ……………………….. in the register of Allotment Gardens kept by the Association at ………………………………… Site and containing approximately …………. Rods; together with Shed number ………….. (“the Allotment Garden”)

The yearly rental payment is…………………….being £5.50 per Rod and £10.00 per Shed plus an additional charge of £1.50 per Rod for the supply of water or such other amounts as shall be determined from time to time at the Association’s Annual General Meeting.

2. Rent Review

It is agreed:-

2.1 In this Clause the following expressions have the following meanings:-

“The Review Date” means the 1 October in any year

(b) “The Rent” is the yearly rent set out in Clause 1 or the sum set out in any Review Notice. The level of the Rent shall be determined by the Association in discussion with site managers and then approved at the Annual General Meeting of the Association. Rent increases are also to be approved by Tonbridge & Malling Borough Council which owns the freehold of the Allotment Gardens.

Tenant/s setting out a new rent for the period specified and giving details of the date from which the new rent will be payable.

The Association may serve a Review Notice at any time in any year giving at least six months’ notice of its intention to increase the Rent. It is the usual practice of the Association to start discussing rent before the AGM in any given year, with the intention of increasing the rent 12 months following that AGM. Provided that a minimum six months’ notice is given, the Association may give as much notice of rent increases as it wishes.

2.3 If the right to increase the Rent is restrained or restricted by virtue of any Act of Parliament or a Byelaw passed by the Borough Council then the expression “The Review Date” in Clause 2.1hereof shall mean the date upon which such restraint or restriction was removed or relaxed.

3. Tenant/s Agreements

The Tenant/s agrees with the Association:-

Rent

To pay the Rent in advance and without deductions by 1 October in each year.

Use of Land

To use the Allotment Garden only for the cultivation of herbs, flowers, fruit and vegetable crops for personal use and recreational gardening and for no other purpose. To be aware that Tenants, even when not on site, have a duty of care to keep the site safe for everyone including visitors and themselves. Particular care should be taken when using strimmers, rotovators and other mechanical or powered equipment.

Cultivation

To keep the Allotment Garden clean from weeds and well manured/fertilised and otherwise maintained in a good state of cultivation, fertility and condition and planted and maintained as appropriate for the season.

To keep any pathway or cart-track included in or abutting onto the Allotment Garden (or in the case of any pathway or cart-track abutting onto the Allotment Garden and any other allotment garden or allotment gardens the half-width of it) reasonably free from weeds.

Nuisance

Not to cause or permit any nuisance or annoyance to the occupier of any other allotment garden, the Association or any other person lawfully upon the allotment gardens or obstruct or encroach on any path or roadway set out by the Association for the use of the occupiers of the allotment gardens.

Restriction on Assignment

Not to sublet assign or part with possession of the Allotment Garden or any part of it without the written consent of the Association.

Waste

Not to take, sell or carry away any mineral, gravel, sand (earth) or clay nor without the written consent of the Association to cut or prune any timber or other trees

Hedges

To keep every hedge that forms part of the Allotment Garden properly cut and trimmed to a reasonable height and all ditches properly cleansed. To maintain and keep in repair any fences and any gates on the Allotment Garden and to use his/her best endeavours to protect any other hedges, fences, gates or notice boards in the allotment site of which the Allotment Garden forms part.

Buildings

To maintain any shed on the Allotment Garden in good safe condition and not to erect any additional building without the written consent of the Association and if required, the Local Planning Authority. Asbestos is prohibited.

Barbed Wire

Not to use barbed wire, glass or any other material which in the opinion of the Association is unsafe on the Allotment Garden.

Restrictions on Cropping

Not without the written consent of the Association to plant any trees or fruit bushes or any crops which take more than twelve months to mature.

Depositing of Refuse

Not to deposit or allow other persons to deposit on the Allotment Garden or any part of the site any rubbish whether manufactured or natural any refuse or any decaying matter (except manure and compost in such quantities as may be reasonably required in cultivation) or place any matter in the hedges, ditches or dykes in the allotment site of which the Allotment Garden forms part.

Exercise, relaxation, friendship and delicious fun

What will you make of your allotment?

Exercise, relaxation, friendship and delicious fun

What will you make of your allotment?

3.12 Bonfires

Not to have any bonfires in close proximity to nearby buildings. Not to burn any manufactured materials such as plastics and rubber. To use discretion in line with weather conditions and to follow any guidelines which may be issued from time to time by the Association or the Local Authority.

3.13 Storage of Materials

That only materials which support the use as an allotment may be stored on the Allotment Garden such as beanpoles, cloches, pots, netting, tools, seeds, composts etc. The Tenant will ensure that all such materials are safe, stored properly and do not cause a hazard or potential nuisance to other users. No illegal materials may be kept on the site.

3.14 Use and Storage of Chemicals, Pesticides & Flammable Materials

To keep use of chemicals, pesticides and flammable materials to a minimum and ensure that reasonable precautions are taken to protect human and animal health and the environment. Any applications are to be confined to target areas seeking to minimise both the amount used and frequency of use. The Tenant will assess whether any chemical used is subject to specific controls (eg Control of Substances Hazardous to Health) and will follow the same. All materials must be stored in compliance with any legislation in a suitable cabinet or bin which is designed to retain spillage and resist fire. The Association may from time to time impose restrictions upon or a ban on further use of flammables, materials or chemicals on the site.

3.15 Dogs

Not to bring or cause to be brought into the site of which the Allotment Garden forms part any dog unless the dog is held on a leash.

3.16 Restriction on Keeping Animals

Not to keep any animals or livestock of any kind upon the allotment garden except hens or rabbits to the extent permitted by the Allotments Act 1950.

3.17 Prohibition of Notices etc

Not to erect any notices or advertisements on the Allotment Garden or carry out any commercial activity there.

3.18 Restrictions of Admittance to the Allotment Garden

That the Association shall have the right to refuse admittance to any person other than the Tenant or a member of his/her family to the allotment site unless accompanied by the Tenant or a member of his/her family.

3.19 Parking

Where parking is available, to park whilst on the site only taxed and insured motorworthy vehicles in a designated parking area ensuring that free access to the site is available for others.

3.20 Dispute Between Occupiers

That in the case of dispute between the Tenant and any other occupier of an allotment garden or with any site manager or the Association itself, the disagreement shall be referred to the Association. Where the Tenant continues to dispute the finding of the Association then the matter shall be referred to the complaints process of Tonbridge & Malling Borough Council for a final determination of the issue.

3.21 Information of Change of Contact Details

That the Tenant shall inform the Association immediately of any change of their address, email and/or telephone number.

3.22 Yielding Up

That the Tenant shall yield up the Allotment Garden at the termination of this Agreement with vacant possession clean and clear of weeds, rubbish and materials and in compliance with this Agreement.

3.23 Inspection

That any Officer or Agent of the Association may at any time enter and inspect the Allotment Garden or any shed or structure thereon.

3.24 Special Conditions

That the Tenant shall observe and perform any other special condition which the Association considers necessary to preserve the Allotment Garden or the site in general from deterioration.

3.25 Water Usage

The Tenant may use a hand held hose pipe with an inhibitor attached to water the Allotment Garden provided the annual fee for the hose pipe has been paid. A hosepipe may not be on any account left running when the garden is unattended (ie this means not leaving the hose pipe running if you leave the allotment site). Where any water usage bans or restrictions are put in place whether nationally or locally then these must be complied with.

3.26 Annual General Meeting

The Annual General Meeting (AGM) of the Association shall be held every year in November. The officers of the Association shall present a record of the previous year’s events and a statement of the previous year’s accounts. Notice of the AGM will be posted on each Association Allotment Site Notice Board sixty days in advance. Each Tenant shall be entitled to one vote. Agenda items and nominations for the Association officer positions must be lodged with the Association Administrator forty-five days before the AGM.

3.27 Allotment Site Management

Each Site shall be administered by an elected Site Manager and his/her assistants. The positions are elected annually. They will be responsible for the overall administration of the Association’s individual sites.

4. Termination of Agreement

4.1 This Agreement shall terminate immediately upon the death or resignation of the Tenant. The family of a deceased Tenant may carry on with the management of the Allotment Garden for the remainder of the year should they wish to do so. They may then ask for a new Agreement to be granted directly to them. Where there is any conflict over the operation of this clause, the Association shall determine what is a reasonable outcome.

This Tenancy may also be terminated by any one of the following ways:

(a) By either party giving to the other 12 months’ previous notice in writing.

(b) By re-entry by the Association at any time after giving 3 months’

previous notice in writing to the Tenant on account of the Allotment

Garden being required:

(i) for any purpose (not being the use of the same for agriculture) for which it has been appropriated under any statutory provision or;

(ii) For building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes.

(d) If it appears to the Association that the Tenant has breached the terms and conditions contained in this Agreement including the obligation not to gather excess rubbish and materials such as tyres, building materials etc. Provided that where any breach complained of relates to the conditions or rules affecting the cultivation of the

Allotment Garden, at least 3 months must have elapsed since the commencement of the agreement to give the Tenant time to put matters in order.

In any of the above cases, the Association is to give notice in writing to the Tenant setting out the grounds for termination.

Upon termination of this Agreement, where the Tenant has not left the Allotment Garden clean and clear of rubbish, reasonably weed free and cultivated and in line with the terms and conditions the Association may clear and put right the same and the Tenant will be charged the full cost of doing so.

5. Liability

The Association is not liable for loss by accident, fire, theft, damage or otherwise of any structures, tools, plants or contents of the allotment sites.

Tenants are advised not to store any items of value on the allotment and to insure and mark any items kept there.

6. Notices

Any Review Notice or any subsequent annual demand for rent may be served by display on the individual Site Notice Boards.

Any other notice required to be served by the Association on the Tenant may be signed on behalf of the Association by the Chairman, Administrator or Treasurer and may be served on the Tenant either personally or by leaving it at his/her last known place of abode or by registered letter sent by the recorded delivery service addressed to him/her there or by fixing the same in some conspicuous manner on the allotment garden comprised in this Agreement.

Any notice required to be given by the Tenant to the Association shall be sufficiently given if signed by the Tenant and sent in a prepaid post letter to the Chairman.

Any changes in terms and conditions which affect all allotment holders equally may be notified to all allotment holders by affixing advertisement/s on notice boards on the sites, on any website of the Association and in communications between the Association and its members.

SIGNED:

…………………………….. ……………………………

TENANT ASSOCIATION

Date ………………………. Date ……………………..