This is the latest update of The Allotment Holders Agreement (Tenancy Agreement) 1st. April 2019
All changes are highlighted in italics.
Allotment Holders Agreement
For: Allotment Site
The tenant hereby agrees with the Landlord as follows:
1. To pay the rent hereby reserved without deduction otherwise than allowed by statute in advance on the First Day of April in each year.
2. Not to use the allotment garden for business purposes or for any other purpose than as an allotment garden for growing vegetables, flowers or garden produce.
3. To keep the allotment garden clean and in a good state of cultivation, fertility and condition this should account to 75% of the leased plot. Each tenant will be responsible for keeping clean and tidy the portion of the adjacent cart road for the whole of the length or width of his plot for half the width of the cart road. This also applies to cart roads that receive limited grass cutting.
4. Not to cause or permit any nuisance or annoyance to the occupier of any other allotment garden or neighbouring property or to obstruct any path set out by the Landlord for the use of occupiers of the allotment gardens.
5. Not to sublet, assign or part with the possession of the allotment garden or any part of it without the written consent of the Landlord.
6. To inform the Landlord if unable to cultivate all or any part of the plot through sickness or accident. See Rule 29
7. Not without the written consent of the Landlord to cut or prune any timber or other trees or take, sell or carry away top soil, minerals, gravel, sand or clay.
8. The connection of hosepipes and siphoning of water to the allotment
site water supply is strictly forbidden.
9. To keep every hedge that forms part of the allotment garden properly cut and trimmed to a height of no more than 1.5 meters. (4ft 11ins)
10. All buildings to be cleared at change of tenancy, failure to remove will lead to re-charging of the cost to the tenant vacating the allotment plot. Any private transfer of buildings must be authorised by the ‘Landlord’.
11. All buildings must be of a safe construction and removable.
Acceptable buildings are, Storage shed – Chicken - Duck house – Greenhouse – Pollytunnel and Cold frames. All must be fit for purpose. The ‘Landlord’ (or agent acting on behalf of the landlord) will issue a 28 day remove notice if any structure is not acceptable.
All structures should be kept in good repair; these include buildings, fences, hedges and gates on allotment plots.
12. All garden waste to be composted. The use of bonfires is strictly forbidden on all Mansfield District Council allotment sites. Should a plot holder have contaminated vegetation i.e. Blight, then DEFRA advice on the destruction may be taken with the authority of the ‘Landlord’
13. Fences must not be higher than 1.5 meters. (4ft 11 ins) except external
boundary’s which should be no more than 2 meters. Unless otherwise
stated or agreed with the ‘Landlord’
Fences must be safely constructed of posts, rails, fence mesh or
Old doors, galvanised metal sheets and any forms of asbestos
must not be used.
Untidy or unsafe fences will not be accepted. These must be removed if
requested to do so by the ‘Landlord’ or agent working on behalf of the
‘Landlord’. Fences should be secure, safe and kept in a tidy condition.
14. Other than small fruit trees, height limit
2 meters (6ft 6ins), trees shall require the written consent of the
15. Not to deposit or allow other persons to deposit on the allotment garden or on any cart road or any part of the allotment field any refuse, building materials or decaying matter (except manure or compost in such quantities as may be reasonably required for use in cultivation) or place any matter in the hedges, ditches or dykes situate in the allotment field of which the allotment garden forms part or on the adjoining land. Allotment plots should not be used as storage areas for surplus items. Items brought onto site must be for imminent use and not stored on site. Fly tipping is a criminal offence.
16. The use of carpet, plastic sheeting, tarpaulin and rubber matting for mulching is strictly forbidden. See rule 15.
17. Mulching to avoid cultivation is strictly forbidden. A maximum of 20% of the cultivated area may be mulched at any one time, but only with approved mulching fabric i.e. Coco fibre, Plantex and Geo-textile membrane. Any other mulch fabric would need the approval of ‘Landlord’ or agent acting on behalf of the ‘Landlord’.
18. Not to bring or cause to be brought into the allotment field of which the allotment garden forms part, a dog unless it is held on a leash. Dog fouling rules apply to all allotments under Mansfield District Council.
19. That the ‘Landlord’ shall have the right to refuse admittance to any person other than the Allotment Holder, a member of his/her family or an official authorised by the council to the allotment garden unless accompanied by the Allotment Holder, a member of his/her family or an official authorised by the council.
20. That any cause or dispute between the Allotment Holder and any other occupier of an allotment garden in the allotment field shall be referred to the ‘Landlord’ whose decision shall be final.
21. That the Allotment Holder shall yield up to the allotment garden at the determination of the tenancy hereby created in such condition as shall be in compliance with the rules and agreements herein contained. On yielding up the plot the Allotment Holder is responsible for leaving the plot in a clean and tidy condition. All costs will be re-charged to the Allotment Holder yielding up the plot if the plot is left in an unacceptable condition, costs will be pursued until clearance costs are paid in full.
22. That any officer, agent or representative of the ‘Landlord’ shall be entitled at any time to enter and inspect the allotment garden.
23. That the Allotment Holder shall observe and perform any other special condition which the ‘Landlord’ consider necessary to preserve the allotment garden from deterioration.
24. To observe any other requirements binding upon the Landlord under the terms of any lease under which the Landlord hold the land upon which the allotment garden is situated and of which the Allotment Holder shall be given due notice.
25. To use his/her best endeavours to ensure that all gates to allotment fields are kept locked on exit.
26. Chickens and Ducks will be permitted but the shed in which the Chickens and Ducks are housed must be purpose built. The area extent of the poultry run shall not exceed 12 sq. meters. The number of Chickens and Ducks permitted shall not exceed 12 head per Agreement Holder, irrespective of the number of plots rented by the Allotment Holder. Where Chickens and Ducks are permitted the remainder of the plot must be maintained in a fully cultivated condition. Chickens and Ducks are not permitted on half plots. We operate a no tolerance policy to the neglect of livestock.
27. No other livestock will be permitted other than those listed in paragraph (26) above on any allotment. Beekeeping may be considered on application to the ‘Landlord’ an application must be made in writing with a plan showing the intended location of the bee hive/hives.
28. The tenancy may be terminated in any of the following manners other than those in rule 21. Tenants have a right to appeal from an eviction/termination notice and should appeal in writing to the ‘Landlord’
(a) By either party giving to the other 1 calendar month previous notice in writing expiring on or before the sixth day of April. Tenants are required to give 1 calendar months’ notice if they are not intending renewing their tenancy lease.
(b) By re-entry by the Landlord at any time after giving three months’ 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 industrial purpose or for roads or sewers necessary in connection with any of these purposes.
29. Re-entry by the ‘Landlord’ at any time after giving one months’ previous notice in writing to the Allotment Holder
(i) if the rent or any part thereof is in arrears for not less than forty days whether legally demanded or not.
(ii) if it appears to the ‘Landlord’ that there has been a breach of the conditions and agreement on the part of the Allotment Holder herein contained and provided that if such breach shall relate to the conditions or rules affecting the cultivation of the allotment gardens at least three months have elapsed since the commencement of the tenancy; or
The minimum notice of 1 calendar month will be served on any Allotment Holder who fails to cultivate his plot unless there are extenuating circumstances, i.e. sickness or accident. (Limited period to be agreed). All legal costs will be reclaimed in the event of legal action being taken to remove or evict tenant/s from their respective plot/s.
Failure to comply with rule 8 will lead to eviction.
30. Any notice required to be given by the ‘Landlord’ to the tenant may be signed on behalf of the ‘Landlord’ by an Employee, agent or representative of Mansfield District Council and may be served on the Tenant either personally or by leaving it at his last known place of abode or by registered or recorded delivery letter addressed to him there or by fixing the same in some conspicuous manner on the allotment comprised herein.
31. Allotment Holders may have more than one plot. Unless the demand
for more plots becomes necessary, then plot holders who have more
than one plot will be expected to relinquish at the end of the season.
The order would be 4, 3, and 2.
Signed by the Tenant
In the presence of:
Signed on behalf of The Landlord Print Name
This agreement to be retained by the Tenant, valid only when rents are fully paid.
Please return this agreement at the start of the new season for renewal and any amendments,
NOTE: Only one Tenancy Agreement needed regardless of size or number of plots.
Allotment Holders Agreement
An agreement made on
Between Mansfield District Council (hereinafter called ‘The Landlord’) and the ‘Tenant’ known as Allotment Holder.
Allotment Holder Name:-
Telephone No:- X
Email Address:- X
HEREBY subject to the provision of the Allotment Act of 1908 to 1950 the ‘Landlord’ agrees to let and the Allotment Holder agrees to take on the tenancy on the allotment plot at Allotment Site in the County of Nottinghamshire and Plot Number on the register of Allotments kept by the ‘Landlord’ (subject to the exceptions and reservations contained in the lease under which the ‘Landlord’ hold the land) at the yearly rent as designated in the council’s Fees and Charges for the year and payable in advance and at the appropriate rent for any part of a year over which the tenancy may extend.
MANSFIELD WOODHOUSE GARDEN HOLDERS ASSOCIATION Ltd.
(A registered society under the Co-operative and Community Benefit Societies Act 2014)
Are the Appointed Agents, for the ‘Landlord’ for the purpose of the administration of this Tenancy Agreement for ALL allotment sites of which Mansfield District Council are ‘Landlords’) within the district of Mansfield Woodhouse.