Allotments terms and conditions

Landlord

Gateshead Council

Term

A yearly tenancy from a date to be agreed.

Rent

The rent payable will be dependent upon the size of the allotment plot available.

The tenant is responsible for the payment of rent whether formally demanded or not.

Rent review

The rent payable will be subject to review every 3 years.

Use

The tenant must use the land as an allotment garden as defined by the Allotments Act 1922 and for no other purpose whatsoever.

The plot must be fully or mainly cultivated (minimum of 75%) for the production of fruit and vegetables. The plot must be kept to a good standard of cultivation and in a clean and tidy condition, free from weeds and well-manured. The landlord reserves the right to re-enter to inspect at any time to ensure that the tenant is cultivating in accordance with the terms of the tenancy.

Sprays and fertilizers

The tenant must take all reasonable care of trees, hedges and crops on neighbouring plots when using fertilizer and sprays. If any damage occurs, the tenant will be responsible for making good any damage incurred. The tenant must choose chemicals which will cause least harm to neighbours, the general public, birds and wildlife.

Fencing and hedging

The tenant is responsible for the provision and maintenance of all internal fencing or hedges and must replace if beyond repair.

The landlord is responsible for walls, hedges, fences and gates to the perimeter of the site. However, the landlord is not bound to maintain such boundary features to a specified standard and the ability to undertake any such work will be determined by the available budget.

Mature vegetation

The tenant must not plant any trees or fruit bushes requiring a maturity period of more than 12 months without the prior written consent of the landlord.

Disposal

The tenant must not dispose of any refuse or decaying matter except manure or compost in any hedge, ditch or dyke within the allotment site.

Communal paths and roads

The tenant must not obstruct nor encroach on any pathway or road provided for use to all allotment holders on the site. The use of barbed wire on any fencing adjoining a communal path is strictly prohibited.

The tenant must ensure that all paths, hedges and fencing within the site are maintained. The tenant is responsible for keeping the grass and weeds cut back on half the width of any allotment path of track that borders the allotment and dispose of all rubbish in a legal and responsible manner.

Buildings and structures

The tenant must not erect any buildings or structures on the allotment without the prior written consent of the landlord; such consent not to be unreasonably withheld. The term 'building or structure' covers purpose-built sheds, greenhouses, poly tunnels, buildings for permitted animals, compost heaps and water storage containers. No other types of structure are permitted on Gateshead Council allotment sites.

All approved buildings or structures should be sited in a position that does not prevent the plot from being inspected and that leaves the central area for cultivation. A gap of at least 0.5m should be left between the walls of the structure and the boundary fence or hedge to allow for maintenance.

All structures should either be purchased from a commercial garden or allotment manufacturer or be self-constructed using new or recycled materials of the following types: timber, single pane glazing, horticultural PVC and roofing felt or corrugated plastic or metal for the roof. Requests to use other materials, including UPVC windows and doors, will be declined. The use of caravans, vehicle bodies and shipping containers in place of purpose-built structures is not permitted. Although not essential, the council strongly encourages all structures to have appropriate guttering to allow the capture of rainwater.

Structures must be maintained in a good, usable condition using the appropriate materials. If the council is not satisfied with the condition of any structure, it reserves the right to request that the tenant takes action to address any concerns raised. The council's decision on such matters will be final.

There can be a maximum of one shed, which must be contained on the 25% of the plot not designated for productive use.

There can be a maximum of one greenhouse and one poly tunnel on each allotment.

Any areas used for housing animals must be located on 25% of the plot not used for cultivation.

The tenant is permitted to install compost containers on their plots. Such containers should be sited at the furthest point from any residential property bordering the plot and must either be a manufactured design or be constructed from wood and mesh. Prior permission is not required for installing a compost heap.

The tenant is permitted to install water barrels or tanks on their plots to allow for the storage of captured rainwater. However, the use of old baths, sinks and toilet bowls or similar is not permitted. Prior permission is not required for installing a water container.

The tenant is responsible for removing all structures from the plot either when they fall into disrepair or on the termination of their tenancy. If the tenant wishes to leave a structure on their plot when terminating, the council will consult the future tenant to establish whether they are willing to accept responsibility for it. In the event that there is no future tenant, the council will inspect the structure and determine whether to allow it to be left on the plot.

The council will remove and dispose of any unsuitable structure left on the plot without prior agreement of the future tenant. The cost associated with this will be recovered from the tenant that left the structure.

Vehicles

The tenant must not bring or place any vehicle, caravan, trailer or vehicle parts including tyres onto the allotment. If vehicle access is available to the site and or allotment, vehicles are only permitted to remain for a period of time to allow for loading and unloading of items to and from the allotment before being removed from the site. Repairs and maintenance activities are not permitted within the allotment or site.

Animals

The tenant is permitted to keep up to 10 hens on the allotment plot, which must not be used in connection with any trade or business. Cockerels may not be kept on allotment plots.

The tenant is responsible for ensuring that any hens do not cause a nuisance or health threat to neighbouring allotment holders. Keeping hens is ancillary to the main use of cultivation of the allotment plot.

All animals must be kept and maintained to the required welfare standards.

Any dog brought on to the plot must be kept on a leash unless securely contained within the allotment. Tenants must also ensure that any faeces from their dog is removed from their allotment and the wider site.

Bees

The tenant must obtain written permission from the landlord prior to introducing a beehive to the allotment. If permission is granted, the terms of the permission must be complied with at all times.

Nuisance

The tenant is not to cause or allow any act or omission on the allotment which may cause a nuisance to the occupier of any other allotment garden within the site. All such nuisances to be abated immediately on notice from the landlord.

Abusive behaviour

The tenant must not act in an abusive or violent manner towards the Landlord or any of its employees or representatives.

Fires

The tenant is only permitted to burn garden materials between the months of November and March. However, fires must not be left unattended, and they must be contained in an incinerator bin or similar device. The tenant must not bring material to the allotment to burn, and the fire must not cause a nuisance or danger to other allotment holders or neighbouring residents. In being considerate of other people, the tenant must take into consideration the type of materials they wish to burn, the amount of material to be burnt, the day of the week, the time of the day and the frequency at which materials are burnt across the whole site.

The landlord reserves the right to put site specific restrictions in place, which may mean that no bonfires are permitted or are only permitted on certain days of the week and / or at certain times of the day. Any such restriction will be clearly notified to all tenants on the site and must be adhered to.

Vermin

The tenant must ensure that their activities do not attract vermin to the allotment or site. Any vermin that are attracted must be dealt with quickly, effectively, and safely so as to prevent risk to other allotment tenants and neighbouring residents.

Assignment

The tenant is not permitted to assign, transfer, sublet or part with possession of the allotment plot, or any part of the plot, without the prior written consent of the landlord.

Statute and bylaws

The tenant must comply with all statutes governing allotment use and any local by-laws.

Change of address

The tenant must inform the landlord immediately of any change of address.

Dispute

Any dispute between allotment holders will be referred to the council, whose decision is final.

Determination

The tenancy can be ended by the landlord in any of the following ways:

• by 1 month's written notice if the rent or part of the rent is in arrears for more than 40 days
• by 1 month's written notice if the tenant is in breach of any of the conditions contained in the tenancy agreement
• by 1 month's written notice if the tenant is bankrupt
• by 1 month's written notice if the tenant is no longer a resident of Gateshead
• by 12 months' written notice to expire on or before 6 April or on or after 29 September
• by 3 months' written notice if the land is required for any purpose under statutory provision, including roads and sewers required for that purpose

The tenancy will end on the next quarterly rent day following the death of the tenant.

The tenant can end the tenancy by sending 3 months' written notice to the landlord or by 3 months' verbal notice to an Association site secretary.

The tenant will be responsible for compensating the landlord if there has been any deterioration in the condition of the plot as a direct result of the tenant's failure to cultivate, or for the landlord's costs in removing any rubbish left on site.