CONDITIONS OF HIRE of PLOTS on the MARLPITS SITE

 Interpretation of Terms

Throughout these conditions the following interpretations shall apply: the expression “Association” means the Hawkenbury Allotment Holders’ Association (HAHA) and includes any Committee member duly elected to the Committee or any Officer appointed by the Committee. The expression “plot” means the individual allotment occupied by the Tenant. The expression “site” means the Marlpits allotment site on which the individual plot is situated. The expression “deposit” means the retainer sum to be paid at the beginning of each Tenancy for an allotted plot.

Persons Eligible to be Tenants of Plots on the Site:

1. Any person who at the time of application is resident within the area of Royal Tunbridge Wells shall be eligible to become a Tenant of a plot.

Plot Rental

2. The rent of the plot shall be £4 per rod per annum with the lease renewed annually until it is terminated by either party. The Association reserves the right to review the rent annually and to give the tenant 12 months’ notice of any proposed change. 

3. The rent is due in advance on the 1st day of July each year.

4. Any new Tenant is required to pay a refundable deposit of £35 for the plot plus £15 per key at the beginning of the Tenancy.

5. A Tenant taking up a plot at any other time within the rental year will be invoiced for the whole amount within the first six months of the rental year (July-Dec), and for half the amount (Jan-April).  From May to June, the full amount will be charged to extend the initial year to 13/14 months.

6. There is a probationary period of three months for any new Tenant. If the Tenant chooses to return the plot to the Association within this period, the Tenant is entitled to a refund of the rent and the deposit. If the Tenant has undertaken no significant work within the probationary period, the tenancy will be terminated with immediate effect by the Association and the plot will be re-let.  If the plot is left in a worse condition, the Association reserves the right to refuse any refund.

Tenancy

7. The Tenant must not sublet, assign or part with the possession of the plot or any part thereof without the written consent of the Association.

8. The Tenant must inform the Association in writing of any change of address, and the Association reserves the right to terminate the Tenancy if the new address is outside the catchment area.

9. Power to Inspect Plots: Any Officer of the Association shall be entitled at any time to enter and inspect a plot. A full inspection by the Association will be carried out twice a year. Requests for work to be undertaken by the Tenant will be sent to the Tenant, which will include a time within which work is to be completed.

Termination

10. A Tenancy may be terminated by the Association after one month’s written notice, sent by recorded delivery:

(a) If the rent is in arrears by 40 days or more;

(b) If it appears that the Tenant, not less than three months after the commencement 

of the Tenancy, is not duly observing the conditions of the Tenancy.


11. The Tenancy may be terminated at any time by the Tenant, but the Association will not in this case refund any rent paid. 

12. On termination, the Tenant must leave the plot in good condition and remove all belongings, rubbish and waste materials within 14 days in order to be eligible for a refund of the plot deposit.              

If the Tenant fails to remove personal items, derelict structures, waste materials and rubbish within the stated period and the Association incurs costs for the clearance of the plot, the Association reserves the right to use any deposit paid for this purpose. If the costs exceed the amount of the deposit, the Tenant will be liable for such costs and will be invoiced accordingly.                                                                       

The key deposit will be refunded when the key(s) are returned.

13.  On the death of the Tenant, the tenancy of the plot shall, unless otherwise agreed 

in writing with the family of the deceased, terminate within one month of notification. 

Any personal belongings which are not claimed during this period will be disposed of by the Association. Any deposit paid may be reclaimed by the family within this period.

 

Cultivation, Use and Upkeep of the Plot

14. The Tenant shall:

(a)  Keep the plot clean, free of weeds and in a good state of cultivation (“cultivation “is defined as vegetable, fruit and flower production);

(b)  If at any time during the summer months the plot appears to be uncultivated, the Association reserves the right to cut down all weed growth and charge the Tenant for the cost by invoicing or by deducting from the deposit;

(c)  Use at least two-thirds (70%) of the plot for cultivation for personal consumption and not for     sale or any other commercial purpose. An area which is cleared annually of weeds but is not used for crop growing is considered a non-cultivated area. This shall not exceed a third (30%) of the plot and is the area designated for a shed;

(d)  Ensure to the best of his/her ability that no offensive matter runs or falls into any stream or water tank on the site and ensure the water therein remains pure and unpolluted with no refuse therein. 

(e)  Keep every pathway/hedge/boundary that forms part of the plot properly cut and trimmed and any fences and gates on the plot in good repair; 

(f)  NOT store on the plot any plant, machinery, tools or materials other than those normally used in the maintenance or cultivation of the plot; take or allow any vehicle onto the plot or site except for the purposes of delivering material or carrying out cultivation. Any such vehicle must be removed from the site as soon as the delivery of goods or work has been completed;

(g)  NOT allow any waste materials or rubbish to be stored or dumped on the site;

(h)  NOT connect a hose to any water supply;

(i)   NOT use the plot for any commercial purpose.

 

Bonfires

Bonfires are allowed only between 1 October and 31 March and are subject to the terms of the attached Bonfire Policy.

 

Marking and Fencing

15.  The Tenant shall:

(a) Provide and maintain on the plot a permanent marker bearing the number of the plot which shall be clearly visible;

(b) Use no barbed wire on the plot or any part thereof;

(c) Not enter or leave the site without locking the gate; 

(d) Not erect or establish any fencing/barrier which obstructs pathways and boundary paths or which obstructs access for inspection by the Association;

(e) Not erect any fence or barrier higher than 6 feet (1.80m);

(f) Plots bordering the boundary hedges must leave a minimum gap of 1 metre to allow access for maintenance. 

 

Sheds, Greenhouses, etc

16. A Tenant wishing to erect any building on the plot shall not use concrete, cement or other permanent foundations. Shed or greenhouse sizes should not exceed 8 x 6 feet (2.4 x 1.8m) with a max. height of 7 feet (2.15m). Fruit cages and polytunnels should be of a max. height of 7 feet (2.15 m).


17. The Tenant shall keep any building on the site in a good state of repair.


18. On tenancy termination, any shed or greenhouse must be removed (if required) within 14 days. After such time any building left on the plot shall, at the discretion of the Association, be removed or left for the use of the incoming tenant. 

 

Fruit Trees

19.  No fruit trees shall be planted other than those on dwarf root stock , i.e. bush trees with an ultimate height of 8 - 10 feet (2.15 m). No other trees such as willow or evergreens (e.g. Christmas trees) shall be planted.

 

Livestock

The Tenant shall not keep on the plot any livestock other than chickens.

 

Conduct on the Site 

20. The Tenant shall not:

(a) Enter any other plot on the site or take or remove any plants or crops or equipment without the Tenant’s permission;

(b) Cause any nuisance or annoyance (including loud music and dog barking) to the occupier of any other plot on the site or to the occupier of any adjoining property, or obstruct any path on the site set out by the Association for the use of its tenants;

(c) Take onto the site any dog unless on a lead; dogs must be kept tied up on the plot;

(d) Allow to be taken onto the site any child under 12 years of age unless accompanied by an adult. 

A Tenant taking a child onto the site must be responsible for the child’s safety and ensure that the child causes no damage or annoyance to any other tenants of the site;

(e) Use or permit to be used on the site any obscene or abusive language or threatening behaviour.


21. Should a Tenant’s failure to observe the above Conditions of Hire lead subsequently to a dispute between the tenants of any plots on the site, adjoining landowners or the occupiers of any nearby properties, the Association’s only option, in the    event that the individuals could not resolve the issue between themselves, would be, after due consideration, to terminate the lease of the Tenant who is the subject of the complaint.


22. All persons entering the site do so at their own risk. 

 

 

Revised May 2020