The tenancy is subject to the Allotments Acts, 1908 to 1950 and to any regulations endorsed on this Agreement and also to the following conditions:-
a) The Tenant must pay the rent reserved on the 1st day of April in each year and at a proportionate rent for any part of a year over which the tenancy may extend.
b) The Tenant shall keep the Allotment Garden clean and in a good state of cultivation and fertility and in good condition – the definition being that a minimum of 75% of the allotment is cultivated.
c) The Tenant shall not cause any nuisance or annoyance to the occupier of any other Allotment Garden, or obstruct any path set out by the Council for the use of the occupiers of the allotment gardens.
d) The Tenant shall not underlet, assign, or part with the possession of the Allotment Garden or any part thereof, without the written consent of the Council.
e) The Tenant shall not, without the written consent of the Council, cut or prune any timber or other trees, or take, sell, or carry away any mineral, gravel, sand or clay.
f) The Tenant shall keep every hedge that forms part of the Allotment Garden property cut and trimmed, keep all ditches properly cleansed, and maintain and keep in repair any other fences and any gates on the Allotment Garden.
g) The Tenant shall not, without the written consent of the Council, erect any building on the Allotment Garden.
h) The Tenant shall not use barbed wire for a fence adjoining any path set out by the Council for the use of the occupiers of the Allotment Garden.
i) The Tenant must not bring any dog into the allotment field of which the Allotments forms part of, or cause one to be brought in, unless the dog is held on a leash.
j) The Tenant must not keep any animals or livestock of any kind on the Allotment, except hens, ducks and rabbits (to a maximum total of 12), the keeping of which shall be permitted on one quarter of the allotment area only and otherwise to the extent permitted by the Allotments Act 1959 Section 12. The keeping of cockerels, pigs, horses, dogs or any other livestock or animals is strictly prohibited.
k) The Tenant must at all times during the tenancy observe and comply fully with all enactments, statutory instruments, local, parochial or other bylaws, orders or regulations affecting the Allotment. Under the Environment Protection Act 1990 it is an offence to emit smoke, fumes and gases from fires which can be prejudicial to health and cause a nuisance to neighbouring residents.
l) The Tenant must not erect any buildings, structures, greenhouses, henhouses, pigeon lofts, fences, permanent concrete foundations, or put any lock on any gate on the Allotment without the written consent of the Council.
m) The Tenant shall, as regards the Allotment Garden, observe and perform all conditions and covenants contained in the lease (if any) under which the Council holds the land.
n) The Tenant must not erect any notice or advertisement on the Allotment.
o) The Tenant agrees to inform the Council immediately of any change of his address.
p) The Tenant shall not trade or carry on business on the Allotment or on any part thereof.
q) Any member or office of the Council shall be entitled at any time when directed by the Council to enter and inspect the Allotment Garden. No vehicles are allowed on site between the hours of dusk and dawn.
r) The tenancy of the Allotment Garden shall terminate on the yearly rent day next after the death of the Tenant, and shall also terminate whenever the tenancy or right of occupation of the Council terminates. It may also be terminated by the Council by re-entry after one month’s notice:-
If the rent is in arrears for not less than 40 days; or
If the Tenant is not duly observing the Rules affecting the Allotment Garden, or any other term or condition of the tenancy.
It appears to the Council that there has been a breach of the conditions and agreements on behalf of the Tenant contained in this agreement (and provided that if such breach is of the conditions or rules affecting the cultivation of the Allotment, at least three months have elapsed since the commencement of the tenancy) and that the Tenant has failed to comply within a reasonable time with any notice in writing by the Council served on the Tenant requiring him to remedy the breach.
If upon changing address the Tenant is then residing more than one mile outside of the district in which the Allotment is located.
s) The Tenant shall remove from the Allotment any structures or permanent foundations installed by the Tenant within 28 days of determination of this tenancy, failing which the Council shall arrange for the removal of the foundations or structures and shall be entitled to recover the full cost thereof from the Tenant. After the period of 28 days, the outgoing tenant ceases to have the right to enter the allotment without permission from the Parish Council.
t) You must abide by stipulations made by the Council from time to time with reference to gates, hedges, fencing, huts and animals etc.
u) The tenancy may also be terminated by the Council or Tenant by twelve months’ notice in writing expiring on 31 March.