CONDITIONS OF HIRE of PLOTS on the MARLPITS SITE

 A copy of the terms can be downloaded from here.

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.

Rent and Tenancy and Termination

2.      The rent for the plot shall be £4.00 per rod per annum. The Association reserves the right to review the rent annually and give the Tenant 12 months notice of any proposed change.

3.      The Rent must be paid in advance of the rental year on the 1st day of July each year.

4.      Any new Tenant is asked to pay a refundable deposit of £50/10 rod plot or £25/5 rod plot 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 month of the rental year (July – Dec), for half the amount (Jan – April). From May to June the full amount will be charged to extend the year to 13/14 month.

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 a plot is left in a worse condition, the Association reserves the right to forfeit any refund.

7.      Any Tenant giving up his/her plot shall remove any personal items, derelict structures, waste materials and rubbish in order to be eligible for a refund of the deposit.

8.      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.

9.      The Tenant must inform the Association of any changes of address in writing and the Association reserves the right to terminate the Tenancy if the address is outside the catchment area.

10.    A Tenancy may also be terminated by the Association after one month’s written notice

(a)    if the rent is in arrears for 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 hire of the tenancy.

11.    The tenancy may be terminated by the Tenant at any time but the Association will not in this case refund any rent paid. On termination the Tenant must leave the plot in good condition and remove all belongings, rubbish and materials within 14 days, in order to be eligible for a refund of the deposit.

12.    On the death of the tenant, the tenancy of the plot shall, unless otherwise agreed in writing with the family, 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 of the deceased within this period.

13.    Service of Notices: A notice may be served on a Tenant either personally, by leaving it at his/her last known address or by sending it there by recorded delivery post. In the event that posting fails, the notice will be displayed prominently on the plot for 30 days, after which the Association will take possession of the plot and its contents.

14.    The Association reserves the right to retain a deposit if the Association incurs costs to reinstate a plot for cultivation or for the removal of any rubbish or derelict structures.

15.    Power to Inspect Plots: Any Officer of the Association shall be entitled at any time to enter and inspect the plot.

16.    A full inspection by the Association will be carried out twice a year. Reports and requests for works to be completed by the Tenant will be sent to the Tenant, which will include a time limit for works to be completed.

17.    If at any time a plot appears to be uncultivated during the summer months the Association reserves the right to cut down all weed growth and charge the Tenant for the cost by invoicing or deducting the cost from the deposit (if paid). If there is subsequently no improvement in the condition of the plot the Association will issue a warning of possible termination of the lease.

Cultivation, Use and Upkeep of the Plot

18.    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)    Use at least two thirds (70%) of the plot for cultivation for consumption by himself/herself and his/her family and not for sale or any other commercial use.

(c)    An area, which is cleared annually of weeds but not used for crop growing, is considered a non-cultivated area. This shall not exceed a third portion (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, ditch, tank, etc., on the site and do his/her best to keep any stream, ditch or tank and the water therein pure and unpolluted and deposit no refuse therein;

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

Marking and Fencing

19.    The Tenant shall:

(a)    Provide and maintain on the plot a permanent identification mark bearing the number of his/her plot, which shall be clearly visible.

(b)    Not use barbed wire on the plot or part thereof.

(c)    Not enter or leave the site without locking the gates.

(d)    Not erect or establish any fencing/ barrier which obstructs pathways and boundary paths in any way.

(e)    Not erect any fence or barrier higher than 1.80m (6ft).

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

Sheds, Greenhouses, etc.

20.    A Tenant wishing to erect any building on the plot shall not use concrete, cement or other permanent foundations. Shed sizes should not exceed 8 x 6 feet (2.4 x 1.8m) with a max. height

       of 7 feet (2.13m).  Fruit cages and polytunnels should have a max. height of 7 feet (2.13m).

21.    The Tenant shall keep any building erected on the plot in a good state of repair and maintenance.

22.    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

23.    No fruit trees other than those of dwarf root stock (i.e. bush trees with an ultimate height of 8-10 feet) shall be planted in the plot. No other trees shall be planted.

Livestock

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

General Conditions

25.    The Tenant shall not:

(a)    Enter any other plot on the site and take or remove any plants or crops or equipment from any other plot 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 owner or 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 any dog (except a guide dog accompanying a blind person) off a lead, onto the plot or site; dogs must be tied up on the plot.

(d)    Allow to be taken onto the plot or site any child under 12 years of age unless accompanied by an adult. In the event of a child being taken onto the plot or site, the Tenant 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 plot or site any obscene or abusive language or threatening behaviour;

(f)     Connect a hose to any water supply;

(g)    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 purpose 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.

(h)    Allow any waste materials or rubbish to be stored or dumped on the plot or any part thereof or within the site. If the Association has to remove such material, the costs will be invoiced to the Tenant or the deposit (if paid) will be used to cover the cost.

(i)      Use the plot for any commercial purpose;

Chemicals

 

26.    Chemicals or other injurious materials must be kept in a locked building in suitable containers clearly marked with the contents.

Bonfires

 

27.    Bonfires are allowed only between 1 November and 31 March

and are subject to the terms of the attached Bonfire Policy.

 

Disputes

28.    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 occupier(s) 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 complained of.

 

 Revised March 2019