Conditions of Tenancy

Below is a copy of the conditions of tenancy contained in your tenancy agreement.

  1. The Council shall let to the tenant the Allotment Garden situated at the Name of site Allotment site and referenced as Plot Number in the Council’s Allotment Register (‘the Allotment Garden’) and containing approximately size square metres, at a yearly rent of (rent charge £0.pp) per square metre, which will be reviewed annually.
  2. The Council shall let the Allotment Garden to the tenant commencing on the date of agreement (and thereafter from year to year for a term of one year from 1st October) unless determined in accordance with the terms of this tenancy.
  3. The tenant shall pay a yearly rent in advance whether demanded or not which shall be payable on the 1st October each year.
  4. Every plot shall clearly display a sign showing the number of the plot.
  5. The tenant shall use the Allotment Garden only for the cultivation of fruit, vegetables and flowers for use which are not to be sold for profit. The tenant shall not plant more than 1/10th of the holding with any soft fruit trees or bushes, asparagus, rhubarb or other market garden crops which continue to be productive for two years or more.
  6. The tenant shall not sell or undertake a business in respect of the cultivation and production of fruit, vegetable and flowers in the Allotment Garden.
  7. The tenant shall reside within the Parish of Nailsea, unless in exceptional circumstances an alternate location is agreed by Nailsea Town Council, during the tenancy.
  8. During the tenancy, the tenant must:
  1. Keep the Allotment Garden free from weeds and in a good state of fertility and cultivation, and where the allotment abuts the field boundary shall trim and keep tidy the portion of the boundary area which the holding abuts;
  2. Not cause a nuisance or annoyance to other allotment tenants or the owners or occupiers of land adjoining the Allotment Garden;
  3. Not keep livestock or poultry in the Allotment Garden. All dogs must be kept on a lead and, other than arrival and departure, remain on your plot at all times. Faeces must be cleared from the site;
  4. Not assign the tenancy nor sub-let or part with the possession of any part of the Allotment Garden;
  5. Not erect more than one shed on the Allotment Garden, ensuring that the shed: is manufactured, not homemade; measures no more than 6ft x 4ft (1.80m x 1.20m); does not contain any glass windows, and stands atop a paving slab base. Tenants are welcome to paint the shed in any colour; however, tenants are expected to keep the colour well-maintained.”
  6. Not erect a polytunnel or polycarbonate greenhouse on the Allotment Garden without first obtaining the Council’s written consent. Specifications are available from the Council office and MUST be adhered to; further details on the specifications are here
  7. Be responsible for ensuring that any person present in the Allotment Garden with or without the tenant’s permission does not suffer personal injury or damage to their property;
  8. Have third party public liability insurance, that also covers their friends and family who are on site with them. Proof of insurance must be given, prior to the plot being let.
  9. Permit an inspection of the Allotment Garden and any structure erected on the plot at all reasonable times by any member of the Environment & Leisure Committee, any Council employee or their agent(s);
  10. Not obstruct or permit the obstruction of any of the paths or roads which provide a means of access to and from the Allotment Garden or the Allotment Garden of another tenant and maintain the division path(s) as 18 inches wide (46 cm);
  11. The tenant shall keep bonfires to a minimum, and will ensure that the bonfire is attended by a responsible person at all times. During the months of April to September bonfires are banned on the allotment site. The bonfire may be used for refuse generated on the allotment site only;
  12. Must not use a sprinkler system, hose or excessive water when watering the plot. The tenant must use a clean watering can that has not been contaminated in any way when dipping water from the troughs so as not to contaminate the water within the troughs;
  13. Not use barbed wire anywhere;
  14. Give back the allotment plot at the end of the tenancy in good condition and clear of all structures and materials used on the plot. We will recover from the tenant compensation if there has been any deterioration of the allotment caused, in our opinion, by the tenant’s failure to fulfil the terms of this Agreement;
  15. Carry out repairs and maintenance to allotments and buildings. Non-compliance may result in the agreement being terminated and the costs of rectification works being charged to the tenant;
  16. Compost allotment material in containers which are underwired to prevent vermin nesting;
  17. Tenants must ensure that all boundary walls and perimeter fences are kept clear and rubbish free at all times to enable access.
  18. Tenants must not cause any damage to the means of supply or removal of electricity, gas, water, sewerage and all other services and utilities, and all structures, machinery and equipment ancillary to these supplies, by allowing noxious or harmful effluent or other substance which may obstruct or damage them or any other neighbouring property.
  1. Tenants are discouraged from using weed killer, and if used spraying must be carried out when conditions are suitable and must not drift onto paths or adjoining allotments.
  2. The use of Glyphosate-based weed killers is banned on all Nailsea Town Council allotment sites, unless explicitly approved in writing by the Town Council.
  3. If a tenant either directly or by proxy hires a third party to do work on a plot, this must have the prior written consent of Nailsea Town Council. The Council will require a copy of the third parties Public Liability Insurance to a value of at least £5 million, before any work can commence.
  4. The tenant shall observe additional rules that the Council may make or revise for the regulation and management of the Allotment Garden and other allotment gardens let by the Council.
  5. The Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment Garden.
  6. The tenancy may be terminated under the following conditions:
  1. On the death of the tenant: Unless otherwise agreed in writing, the agreement shall terminate on the 30th June or the 31st December following the death of the tenant.
  2. Non-compliance with conditions: By one month’s notice in writing if:
  1. the rent is in arrears for not less than 40 days or
  2. it appears to the Council that the tenant, not less than three months after the commencement of the tenancy, has failed to observe the conditions made in respect of his allotment; or
  3. the tenant ceases to be a resident of the Parish of Nailsea.
  1. A breach of the terms of this agreement: in the first instance a warning letter will be sent giving a time to rectify the breach. If the terms of a second and final letter are not adhered to the agreement may be terminated, the notice period being at the Council’s discretion.
  2. Other requirement for land: By twelve months’ notice in writing to the tenant at their last known place of abode if and whenever that land is required for building, mining or industry, or other uses or for roads or sewers necessary in connection with any of those purposes.
  3. General Termination: by twelve months’ notice (except in cases of a breach of the terms of this agreement), in writing by the Council to the tenant at his last known place of abode, or by the tenant (to the Town Clerk at the Council Offices) who is permitted to give notice of any period, including immediate effect.
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