THIS AGREEMENT is made the .. day of ………. 20..
BETWEEN Summer Street Allotment Association of

………………………………………………………………..

……………………………………………………………….. (insert address of secretary)

(“the Association”) acting on behalf of
Stroud Town Council (“the Council”) and

Name:		Name:
Address:		Address:
.
.
Telephone:		Telephone:
Email:		Email:

(“the Tenant”(s) up to 2 names/addresses)

NOW IT IS AGREED as follows

Interpretation

Words referring to one gender will be read as referring to
any other gender and words referring to the singular will be read
as referring to the plural and vice versa.

Where the Tenant is more than one person the obligations
and liabilities will be joint and several obligations and
liabilities of those persons.

The clause headings do not form part of this Agreement and
will not be taken into account in its interpretation.

Allotment

The Association agrees to let and the Tenant agrees to
take all that piece of land situate at ….. (“the
Allotment Site”) numbered … on the Association’s
allotment plan and containing approximately …. square
metres (“the Allotment Garden”).

Tenancy and Rent

The Allotment Garden shall be held on a yearly tenancy
from ……. at an annual rent of £……..
which is payable to the Association by the Tenant on the 1st of
January each year (“the Rent Day”).

12 months notice of any rent increase will be given by the
Association to the Tenant in …… of the preceding year
to take effect the following year.

The number of Tenants per single agreement will be limited
to two names at the start of the tenancy. No further names may be
added during its course. When the last named Tenant ceases to tend
the Allotment Garden, the plot will become available for
allocation to the waiting list.

Water supply shall be included in the rental charge.

Where additional amenities are provided on the Allotment
Site these will be taken into account when setting the following
year’s rent.

Cultivation and Use

The Tenant shall use the plot as an Allotment Garden only
as defined by the Allotments Act 1922 (that is to say wholly or
mainly for the production of vegetable, fruit and flower crops for
consumption or enjoyment by the Tenant and his family) and for no
other purpose and keep it free of hazards, e.g. broken glass or
scrap metal etc., and reasonably free from weeds and noxious
plants and in a good state of cultivation and fertility and in
good condition.

The Tenant may not carry on any trade or business from the
Allotment Site. (A small amount of surplus produce may be sold as
ancillary to the provision of crops for the family.)

Prohibition on Under letting

The Tenant shall not underlet, assign or part with
possession of the Allotment Garden or any part thereof. (This
shall not prohibit another person, authorised by the Tenant, from
cultivation of the plot for short periods of time when the Tenant
is incapacitated by illness or is on holiday, the site
representative to be informed of the other person’s name.)

Conduct

The Tenant shall not without written consent of the
Association, cut or prune any timber or other trees, with the
exception of fruit trees grown on his Allotment Garden, or take
any mineral, sand or clay.

The Tenant shall keep every hedge or tree that forms part
of the boundary of his Allotment Garden properly cut and trimmed,
keep all ditches properly cleansed and maintained and keep in
repair any other fences and any other gates and structures on his
Allotment Garden, excepting those such as perimeter fencing for
which the Council retains responsibility. The maximum height of
any fence or boarding shall comply with the rules of the
Association.

The Tenant shall not use any barbed wire for a fence
adjoining any path set out by the Association for the use of
occupiers of Allotment Gardens.

The Tenant shall not without the written consent of the
Association erect any shed, greenhouse or other structure on the
Allotment Garden, furthermore any shed or greenhouse so erected
shall comply with the rules of the Association and the policy of
the Council. Sheds, greenhouses or other structures in existence
at the time of signing this Agreement which do not meet these
requirements shall be permitted until a new tenancy for that plot
arises.

The Tenant must at all times during the tenancy observe
and comply fully with all enactments, statutory instruments,
local, parochial or other byelaws, orders or regulations affecting
the Allotment Site.

The Tenant must comply with the Rules of the Association
as may be amended from time to time.

The Tenant must not cause, permit or suffer any nuisance
or annoyance to any other plot holder or neighbouring resident of
the Allotment Site and must conduct himself appropriately at all
times.

The Allotment Garden may not be used for any illegal or
immoral purposes and the Tenant must observe all relevant
legislation or codes of practice relating to activities they carry
out on the Allotment Garden.

The Tenant shall not enter onto any other plot at any time
without the express permission of the relevant plot holder.

Any person who accompanies the Tenant to cultivate or
harvest may not at any time enter onto another plot without the
express permission of the relevant plot holder. The Tenant is
responsible for the actions and safety of children and others
entering the Allotment Site with his permission.

The Tenant must not remove produce from any other plot
without the express permission of the relevant plot holder.

Agreement Terms

The Tenant must observe and perform all conditions and
covenants that apply to the Allotment Site contained in the
agreement under which the Association hold the Allotment Site.

Any Officer of the Association or any Officer of the
Council shall be entitled at any time to enter and inspect the
Allotment Garden.

In the event of any dispute arising between the Tenant and
the Association the matter shall be referred to the Town Clerk.
The Town Clerk will investigate the matter and act as arbiter. A
panel of three councillors may be called to assist the Town Clerk
in arbitration. The decision of the arbiter shall be final.

Any reference to written consent or notification from the
Association shall be by the Secretary of the Association and any
other intimation of a decision of the Association shall also be by
the Secretary of the Association. Any communication (in writing or
otherwise) from the Tenant to the Association shall be to the
Secretary of the Association.

Termination of Tenancy

The tenancy of the Allotment Garden shall terminate;

automatically on the Rent Day next after the death of
the Tenant, or

by either the Association or the Tenant giving to the
other at least twelve months notice in writing expiring on or
before 6 April or on or after 29 September in any year, or

by re-entry if the rent is in arrears for not less than
40 days, or

by re-entry if the Tenant is not duly observing the
conditions of this tenancy, or the local association rules, or

by the Association giving the Tenant at least 12 months
notice in writing expiring on or before 6 April or on or after
29 September in any year if, not less than 3 months after the
commencement of this Agreement, it appears to the Association
that the Tenant is resident outside Stroud Town parish, or

whenever the Tenancy or right of occupation of the
Association terminates.

In the event of the termination of the tenancy the Tenant
shall return to the Association any property (keys, etc.) made
available to him during the Tenancy and shall leave the plot in a
clean and tidy condition. If in the opinion of the Association the
plot has not been left in a satisfactory condition, any work
carried out by the Association to return the plot to a
satisfactory condition shall be charged to the Tenant (section 4
Allotments Act 1950).

Change of Address

The Tenant must immediately inform the Association of any
change of address and other contact details.

Notices

Any notice given under this agreement must be in writing
and to ensure safe receipt should be delivered by hand or sent by
registered post or recorded delivery. A notice may be sent by fax
or email if a confirmatory copy is delivered by hand or sent by
registered post or recorded delivery on the same day.

Any notice served on the Tenant should be delivered at or
sent to his last known home address. Any notice served on the
Association should be sent to the address given in this agreement
or any address specified in a notice given by the Association to
the Tenant.

A notice sent by registered post or recorded delivery is
to be treated as having been served on the third working day after
posting whether it is received or not.

A notice sent by fax or email is to be treated as served
on the day on which it is sent or the next working day where the
fax or email is sent after 1600 hours or on a non working day,
whether it is received or not, unless the confirmatory copy is
returned to the sender undelivered.

Executed by the Association by
In the presence of
Signed by the Tenant(s) (up to 2 names)
In the presence of