Allotments – Grimoldby and Manby Parish Council

Grimoldby and Manby Parish Council is pleased to announce that allotment plots of 125m2 each, located on Gibson Way, Manby, LN11 8FA are available to rent at a cost of £25 per year plus £5 per key.

An example copy of the Tenancy Agreement, which allotment holders will be expected to abide by can be found below. It is strongly recommended that you peruse this prior to applying.

If you would like to rent an allotment please send a letter of application, containing your name, address, telephone number and email address to grimoldbyandmanbypc@outlook.com

Applicants must be resident in either the parish of Grimoldby or Manby.

All valid applications will be processed and/or placed on a waiting list.

You will be contacted by email, invoiced and sent a Tenancy Agreement to sign. Upon receipt of your cheque and signed Tenancy Agreement you will be issued with a key.

NB Water is available nearby.

GRIMOLDBY AND MANBY PARISH COUNCIL

EXAMPLE TENANCY AGREEMENT FOR ALLOTMENT HOLDERS

(For domestic cultivation only)

THIS AGREEMENT made on this 1ST DAY OF SEPTEMBER TWO THOUSAND AND NINETEEN BETWEEN the Grimoldby and Manby Parish Council (hereinafter called the Council) and ………………………………………………….…. of …….………………………………………..………..…., Grimoldby / Manby, Lincolnshire, …………………… (hereinafter called the Tenant) by which it is agreed that:

The Council agrees to let and the Tenant agrees to hire, as a Tenant from ______________________ the Allotment Garden, the area being Standard and part of the Allotment Gardens provided by the Council at Manby Fields, Manby, LN11 8FA and at the current rent of £25 and numbered ____ in the Council Allotment Register and edged in red on the attached plan.
The Tenant shall pay a yearly rental on the commencement of the Tenancy and thereafter on the 1st day of April in each year.

2. PAYMENT OF RENT

2.1 The Council shall let the Allotment Garden to the Tenant for an initial term of not more than 12 months commencing on the ………………….. day of …………………… 20___ and thereafter from year to year (1st April – 31st March) unless determined in accordance with the terms of this Tenancy.

a. The tenant shall pay a yearly rent as set by the Council and published in January of each year on the Council’s website, whether demanded or not, which shall be payable in four equal instalments due no later than:

First day of April

First day of July

First day of October

First day of January

Where a new Tenancy is granted, the pro-rata amount from the date of the Tenancy to the next quarter date shall be payable immediately and further instalments on the quarter dates set out above.

b. Alternatively, the Tenant may pay the annual charge by the first quarter date.

c. Additionally, the Tenant shall pay to the Council a levy for the provision of water on to the site.

3. TERMS OF USE

3.1 The Tenant shall use the Allotment Garden only for the cultivation of fruit, vegetable and flowers for use and consumption by (him/herself) and (his/her) family.

3.2 The Tenant shall not permit the Allotment to be used for the purpose of any overnight accommodation, trade, business or any activity incompatible with allotment gardening.

3.3 The Tenant shall not sell or undertake a business in respect of the cultivation and production of fruit, vegetable and flowers in the Allotment Garden.

3.4 The Tenant shall reside within the Parish boundary of Grimoldby and Manby during the Tenancy.

3.5 The Tenant may nominate in writing a “Co-Worker” being a person who is authorised to work on the allotment garden. Co-workers and the Council will record this and the date of receipt of nomination. The Tenant shall be responsible to the Council for the acts or defaults of any such agreed Co-worker or visitor they allow onto the Allotment. In the event of Tenancy Termination, death or inability through ill-health or age of a Tenant to comply with the conditions of this Agreement, no rights associated with the Tenancy shall pass to the Co-worker and the Council shall re-enter the Allotment and re-let it or deal with the matter as it thinks fit, giving consideration to the Council agreed and named Co-worker alongside those on the waiting list in accordance with the date they first appeared on the list.

3.6 During the Tenancy, the Tenant shall:

Keep the Allotment in “Cultivation” as defined in clause 3.6b below to the reasonable satisfaction of the Council and must keep weeds under control and maintain the soil in a healthy and fertile state at all times.
Cultivation shall mean;
1. Weed vegetation cleared and under control, and soil dug over, and/or growing fruits, flowers and vegetables, and/or growing green manure crops, and
2. Not less than 75% of the plot may be under cultivation
Report any damage to the Council’s infrastructure to the Council, which includes the hard-surfaces, water supplies, fences and gates.
Shut and lock the gates at all times.
Not start or allow to be started any fire on the site.
Not cause a nuisance or annoyance to the owners or occupiers of land adjoining the Allotment Garden.
Not keep livestock or poultry in the Allotment Garden.
Not bring to or keep animals in the Allotment Garden or site except for guide/assistance dogs.
Not assign the Tenancy nor sub-let or part with the possession of any part of the Allotment Garden.
Not erect a shed, greenhouse or other building or structure on the Allotment Garden without first obtaining the Council’s written consent and if appropriate planning permission and where this is permitted it must be sited so as not to block light or to cast shade upon another Allotment Garden.
Not fence the Allotment Garden without first obtaining the Council’s written consent and where this is permitted it must be sited so as not to block light or to cast shade upon another Allotment Garden.
Maintain and keep in repair, to the satisfaction of the Council such fences and gates forming part of the Allotment Garden. The Council will maintain the roadside fence.
Trim and keep in satisfactory order all hedges forming part of the Alloment Garden.
Not plant any tree, shrub, hedge or bush without first obtaining the Council’s written permission.
Not cut, lop or fell any existing tree growing on the Allotment Garden without first obtaining the Council’s written consent and if appropriate local authority permission.
Be responsible for the health and safety of any person present in the Allotment Garden (with or without the Tenant’s permission) and ensure that no act or omission causes the suffering or personal injury or damage to his/her property.
Permit an inspection of the Allotment Garden at any time by the Council’s employees or agents.

3.7 PATHS

The Tenant shall not cause or permit to be obstructed or cut into any paths provided for the use of the occupiers of other Allotments on the site as identified on the plan attached.
The Tenant is responsible for maintaining in an accessible and good condition any pathway or hedge included in their Allotment and the half width of any pathway or hedge around their Allotment.
The minimum half-width of a path between adjacent Allotment plots will be approximately 0.25m and minimum total width of 0.5m.
Main pathways shown in blue on the plan attached shall be a minimum of 1m width.

3.8 The Tenant agrees that failure to obtain the Council’s prior written consent for any matter requiring this may result in the Council taking remedial action at the Tenant’s own expense.

4. CONSERVATION OF WATER

The Tenant shall assist in the conservation of water by exercising economy by;

Using a watering can when watering wherever possible; and
Using hand-held hoses which must not be left on unattended, for example a hose may not be left propped up on a plot with a sprinkler nozzle attached.
Not leaving hoses attached to taps when not in use, and not leave hoses on for long periods or unattended when in use.
Complying with water restriction notices when imposed.

The Tenant shall report any leaks to the Council as soon as possible.

5. ACCESS TO SITE

The Tenant shall enter the Allotment by using the proper roads, paths and gates and shall not cause damage to any roads, paths, gates or fences.
Access to the site is via a padlocked gate and the Tenant will be issued with a gate key for which the Tenant will be charged. The Tenant acknowledges that failure to return the key on Termination of the Tenancy, howsoever determined, may lead to the Council seeking costs from the Tenant for replacing Tenants’ keys and locks for the site. Lost keys will be replaced by the Council on payment in accordance with the key charges as agreed by Council from time to time.

6. WASTE AND THE ENVIRONMENT

a. Tenants shall recycle and/or re-use material in an environmentally friendly manner, for example composting green, organic waste and avoid using compost containing peat. (Tenants may use the Council Compost Area).

b. Materials brought on to the site must be kept within the confines of the Tenant’s own Allotment plot and be for use in allotment gardening only and in such quantities as may reasonably be required for use in cultivation.

c. The Tenant must not bring onto the site or allow other persons to bring onto the site, any refuse, commercial or household waste including carpets.

d. The Tenant shall remove any waste or refuse on the Allotment during the Tenancy or on the termination of the Tenancy, howsoever determined, failing which the Council may seek to recover the costs of removal from the Tenant.

e. The Tenant shall not burn any materials or waste on site.

f. The Tenant shall endeavor to use organic methods of pest and weed control and plant and soil improvers wherever possible. For example companion planting reduces need for chemical pest control.

g. If the Tenant uses chemicals, they shall not contain neonicotinoid insecticides. The Tenant shall use legally approved chemicals in accordance with the manufacturer’s instructions and shall take all reasonable care to ensure such chemicals do not spread beyond the host Allotment Plot and will not cause harm to members of the public, water supplies, animals including bees, cats and wildlife, other than vermin or pests.

h. The Tenant shall store any chemicals safely and securely and in accordance with the manufacturer’s guidelines and shall dispose of them properly and not on site.

7. VISITORS

a. Only the Tenant or person(s) authorised by the Tenant, including Co-workers are allowed on the site and while on site the Tenant is responsible for their conduct and supervision, particularly in the case of children.

b. The Tenant acknowledges that the Council and any Member Officer or Agent of the Council reserves the right to enter and inspect the Allotment at any time.

8. TENANTS CODE OF CONDUCT

The Tenant shall:

Treat others with respect and understand all views are important even if they are not the same as their own.
Respect individuals rights to manage their plot and grow the produce they wish as long as it is within the rules of the established Tenancy Agreement and the Allotments Legislation.
Not use any form of violence on the site whether physical and/or verbal.
Not cause or permit any nuisance or annoyance to the occupier of any other allotment on the site or the residents of any premises in the vicinity either by action or inaction, or by rude or offensive behavior, whether through carelessness, ignorance or persistent or deliberate action.
Not commit any acts of discrimination against any person or body on grounds of their race, religion, gender, sexuality, gender assignment, age or disability and understand that all forms of discrimination, including bullying and harassment are unacceptable.
Not trespass or cause damage to other Tenants’ Allotments or crops or take other Tenant’s crops without that Tenant’s prior permission.
Not photograph or film other persons on the site without such persons expressed prior permission.
At all times during the Tenancy observe and comply with all enactments, statutory instruments, local, parochial or other byelaws, orders, statutes or regulations affecting the Allotment.
Agree that in any case of dispute between the Tenant and any other occupier of an Allotment on the site which cannot be resolved shall be referred to the Council, whose decision shall be final and binding on all parties involved in the dispute.
Agree that where any behaviour could be considered a Criminal Offence, to report it both to the Council and the Police. The Council and/or Police would have the final say in any disagreements.
The Council reserves the right to amend the Code of Conduct from time to time and any amended Code of Conduct shall be binding upon the Tenant following the service of a copy of the amended Code of Conduct on the Tenant.

9. The Tenant shall observe any additional rules that the Council may make or revise for the regulation and management of the Allotment Garden and other Allotment Gardens let by the Council as determined from time to time.

10. The Council shall pay all rates, taxes, dues or other assessments, which may at any time be levied or charged upon the Allotment Garden.

11. TERMINATION OF TENANCY

The Tenancy may be terminated by the Council serving on the Tenant not less than twelve months’ written notice to quit expiring on or before the 6th day of April or on or after the 29th day of September in any year.

12. The Tenancy may be terminated by the Council by service of one month’s written notice on the Tenant if:

The rent is in arrears 40 days or more after it has become due, whether demanded or not; or
The Tenant breaches any of the terms and conditions of this Tenancy; or
The Tenant does not live within the Parish of Grimoldby or Manby.

13. If the Tenant shall have been in breach of any of the foregoing clauses or on account of the Tenant becoming bankrupt, the Council may re-enter the Allotment Garden and the Tenancy shall thereupon terminate but without prejudice to any right of the Council to claim damages for any such breach or to recover any rent already due before the time of such re-entry but remaining unpaid.

14. If the Tenant dies, the Council automatically has a right of re-entry and to re-let the Allotment. See also the Co-Worker clause 3.5.

15. The Council will not be liable for injury/loss and the Tenant should effect his own insurance.

16. In the event of the Allotment not being sufficiently Cultivated, but not earlier than 3 months following the date of this Agreement, the Council shall issue a non-cultivation notice giving 1 month for the Tenant to comply and cultivate. If the Tenant does not comply by the end of this notice period, the Council will serve a 1 month Termination Notice – see Termination Procedures clause 12.b and Cultivation clause 3.6.a-b.

17. In the event of Non-Payment of rent as given in Payment of Rent clause 2, the Council shall issue a Non-Payment of Rent Notice giving 1 month for the Tenant to comply. If the Tenant does not comply by the end of this notice period, the Council will serve a 1 month Termination Notice – see Termination Procedures clause 12.a.

18. The Tenancy may be terminated by the Tenant by serving on the Council not less than two months written notice to quit.

19. On the termination of the Tenancy, the Tenant shall remove any shed, greenhouse or other building or structure erected in the Allotment Garden unless the Council agrees otherwise which shall be confirmed in writing to the Tenant.

20. Any notice required to be given by the Council to the Tenant shall be sufficiently served on the Tenant either by handing it to the Tenant personally or by leaving it at or sending it by ordinary post to the Tenant at the last known address of the Tenant or by affixing the same in some conspicuous manner on the Allotment Plot. Any notice required to be given by the Tenant to the Council shall be sufficiently given if signed by the Tenant and sent by recorded post to the Council’s Clerk.

By signing this agreement I agree to my personal details being held by Grimoldby and Manby Parish Council as set out in the data protection statement below:

Any personal information you give to us will be processed in accordance with the UK Data Protection Act 1998. Grimoldby and Manby Parish Council will use the information to process your request, contact you regarding this and other services provided by Grimoldby and Manby Parish Council and to provide any relevant further information (for example key facts and details about the service including fees). In some circumstances it may be necessary to pass information to third parties, where this is required for the purpose of delivering the service or for the Council to meet its statutory obligations. The information which you give will be used for the following purposes: to enable the Council to create a computer and paper record of your application to join the waiting list; to enable the application to be processed; to enable a Tenancy agreement to be drawn up; to enable rents, fees and charges to be invoiced and assigned to an account held in your name; to enable the Council to compile statistics, or to assist other organisations to do so, provided that no statistical information that would identify you as an individual will be published. The information will be kept securely, and will be kept no longer than necessary.

Signed by:

.............................................................................................. The Tenant

and

.............................................................................................. The Council’s Proper Officer

Mrs. L. Phillips