Standard Allotment Tenancy Conditions

1. The Tenancy is subject to:-

(a) the exceptions and reservations contained in the Lease or Agreement under which the Council holds the land.

(b) the payment of the rent and the observance and performance of the conditions and agreements herein contained; and

2. The annual rent shall be such sum as may be determined by the Council and shall be paid by the Tenant yearly in advance with effect from 1^st April in each year. The amount of the rent shall be notified to the tenant by means of an annual account. A proportional rent shall be payable for any part of a year over which the tenancy may extend. The council shall pay all rates and taxes. If a tenancy is given up during the year, no refund of rent is payable.

3. The Tenant shall give to the Council a minimum of 12 months or longer notice in writing to quit the allotment garden such notice to expire on or before the sixth day of April or on or after the twenty-ninth day of September in any year

PROVIDED that, where it is agreed that the Tenant has shared the use of the allotment garden with another person for at least twelve months, that person shall have first right of refusal to take over the tenancy of the said allotment garden.

4. Save as hereinafter provided the Council shall give 12 months or longer notice to the Tenant to quit the allotment garden such notice to expire on or before the sixth day of April or on or after the twenty-ninth day of September in any year

PROVIDED that the tenancy may be terminated by the Council by re-entry after one month's notice in writing

(i) if the rent is in arrears for not less than 40 days whether legally demanded or not; or

(ii) if the Tenant has not duly observed the conditions of his tenancy herein contained; or

(iii) if he becomes bankrupt or compounds with his creditors

PROVIDED ALSO that the tenancy may be terminated by re-entry after three months' notice in writing

(1) if the land comprising the allotment garden shall be required for building mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes; or

(2) if the land shall be required for a purpose (not being the use of land for agriculture) for which it was acquired by the Council or has been appropriated under any statutory provision.

5. In any case the tenancy shall terminate three months after the death of the Tenant, or earlier if requested by his/her next-of-kin or executors, and whenever the Lease or Agreement under which the tenancy or right of occupation of the Council terminates.

6. Any notice given by the Council pursuant to this Agreement may be signed by its Town Clerk/Proper Officer for the time being and shall be sufficiently served if sent to the Tenant by post at the before mentioned address or left for him on the said Allotment garden.

7. During the continuation of the tenancy the Tenant:

(a) shall continue to be resident in the parish of Bury St Edmunds;

(b) shall wholly or mainly cultivate the allotment garden for the production of vegetable and/or fruit and/or flower crops for use by the tenant and his family

PROVIDED that not more than 50% of the allotment shall be given to the growing of a single crop

(c) shall keep the allotment garden clean, free from weeds and noxious plants and in a good state of cultivation and fertility and in good condition in all respects to the satisfaction of the Council and shall so deliver it up at the end of the tenancy. The Council reserves the right to make a charge for clearing an allotment garden left in an untidy condition at the end of a tenancy.

(d) shall not cause any nuisance or annoyance to the occupier of any other allotment garden, or trespass thereon without permission, or obstruct any path set out by the Council for the use of the occupiers of such Allotment gardens;

(e) shall not underlet, assign, or part with the possession of the allotment garden or any part of it;

(f) shall not, without the written consent of the Council cut or prune any timber or other trees belonging to the Council or take sell or carry away any mineral gravel sand clay;

(g) shall not without the written consent of the Council erect any building or structure on the allotment garden Provided that any building or structure thereon shall be erected only in a position and be of such dimensions and materials as shall be approved of by the Council Provided further that no building or structure shall be kept in such a condition or manner as to be prejudicial to health or a nuisance or affect the operation of any legal requirement; and shall not reside therein.

(h) shall compost on the allotment garden all vegetable refuse collected or produced in the cultivation thereof, or weeds, or shall remove the same from the allotment gardens for recycling through the appropriate facilities provided by the Borough Council, and shall not use the allotment garden nor allow the same to be used for the storage of rubbish and shall not dump any of the aforementioned items on other allotment gardens or uncultivated areas within the boundaries of the allotment garden site;

(i) shall as far as practicable keep the allotment garden and his/her half of the footpath adjoining the same clean and free from weeds;

(j) shall provide/erect and thereafter maintain to the satisfaction of the Town Clerk/Proper Officer for the time being of the Council any hedge, fence or gate on the allotment garden, but any such hedge fence or gate shall not exceed four feet or one metre twenty centimetres in height and any such fence shall consist of wooden posts and chicken wire and no fence shall consist of barbed wire.

PROVIDED THAT no hedge fence or gate shall be provided or erected without the previous written approval of the said Town Clerk/Proper Officer.

(k) shall keep the allotment garden free as far as is possible from vermin including rats and mice;

(l) shall not keep livestock of any kind on or in the vicinity of the allotment garden, except under special circumstances by negotiation with the Council in relation to honey bees, hens and rabbits provided that such keeping is for personal use and is not prejudicial to health or a nuisance;

(m) shall not remove any manure that may be produced on the allotment garden but shall apply it to the land;

(n) shall allow any member or officer of the Council at any time to enter and inspect the allotment garden;

(o) shall observe and perform any other special condition which the Council considers necessary to preserve the allotment garden from deterioration and of which notice is given to him/her;

(p) shall not use or permit the use of the allotment garden for the purpose of any trade or business;

(q) shall not let loose on or in the vicinity of the allotment garden any animal or livestock whatsoever;

(r) shall not tamper with the water supply installations in any way and shall not run any hosepipe or siphoning device or pump from the dip tanks on the allotment garden and shall not do anything which could cause contamination of the water in the dip tanks;

(s) shall comply with any national hosepipe ban or environmental legislation enacted.

(t) shall not burn anything anywhere on the allotment gardens.

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