Allotment tenancy terms and conditions

General behaviour

• Do not access the site before sunrise or after sunset.
• Do not cause nuisance, annoyance or damage to neighbours.
• Do not play amplified music.
• Do not hold large private gatherings.

Fires and waste

• Do not light fires anywhere on or around the plot.
• Do not dump or deposit waste on or around the site.
• You may be charged for clearing rubbish when your tenancy ends.

Structures and buildings

• Do not erect sheds, greenhouses, fences or other structures without permission.
• Structures must not cover more than 30% of the plot.
• Any buildings must only be used for allotment purposes.
• Buildings must not be used as homes, workshops, shops, kennels, pigeon lofts, beehives or pigsties.

Restricted materials

• Do not use tyres, carpets, plastic sheeting, lino or artificial turf as weed suppressants (horticultural grade materials/weed control membrane is allowed)
• Do not install non-horticultural heating equipment.

Trees and planting

• Do not plant bamboo.
• Do not plant broadleaf, conifer or willow trees.
• Do not plant hedges or erect barriers unless they are existing approved features.

Animals

• Do not keep bees, animals or livestock without written permission.
• Do not slaughter or euthanise animals on site.
• Do not bury animal remains on site.

Dogs

• Dogs must be on a short lead and under control.
• Dogs must not roam free.
• Dogs must not foul the site.
• Dogs causing nuisance must be removed immediately.

Weapons and traps

• Do not bring firearms or prohibited weapons onto the site.
• Do not use traps or snares.

Water abstraction

• Do not install a well or borehole without Council approval.

Business activity

• Do not run a business from the plot.
• Do not sell, distribute or consume alcohol on the plot.
• Do not sell, distribute or consume illegal drugs on the plot.
• Do not use the plot for gambling.

Land and trees

• Do not remove soil, minerals, gravel or similar materials.
• Do not cut down or damage trees without permission.
• Do not obstruct tracks or shared paths.

Subletting

• Do not sublet, transfer, share or assign the plot without written Council consent.

The Council and authorised site representatives can:

• Enter and inspect your plot at any time.
• Inspect sheds and greenhouses.
• Enter plots to carry out tenancy inspections.

The Council can terminate your tenancy if:

• Rent remains unpaid for more than 40 days.
• You breach the tenancy conditions.
• You fail to start cultivating the plot within the required timescales.
• You become bankrupt.
• The Council gives the required statutory notice.

If you breach a condition of your tenancy agreement, the consequences depend on the seriousness of the breach.

Minor breaches

For issues such as:

• poor cultivation,
• weeds,
• failure to maintain paths,
• unauthorised visitors,
• nuisance complaints,

the Council will often identify the problem during an inspection and may ask you to put it right. The agreement gives the Council inspection rights and allows them to take action where conditions are not being met.

Damage to Council property

If you deliberately or recklessly damage:

• fences,
• gates,
• paths,
• water pipes,
• taps,
• sheds, or
• other Council property,

the Council can require you to repair the damage or reimburse the cost of repairs. If you do not carry out the work, the Council can do it and charge you for the cost.

Failure to cultivate

This is one of the most important tenancy conditions.

You must:

• cultivate at least one-third of the plot within 3 months; and
• cultivate the whole plot within 12 months.

If you do not undertake significant work within the first 3 months (less than about 30% cultivated), the tenancy can be terminated and the plot reallocated to someone else.

Rent arrears

If rent remains unpaid for more than 40 days, the Council can terminate the tenancy after giving one month’s written notice.

Breach of tenancy conditions

If the Council believes you have breached any condition of the agreement, it can terminate the tenancy by giving one month’s written notice. This applies to breaches such as:

• keeping prohibited animals,
• erecting unauthorised structures,
• lighting fires,
• dumping waste,
• subletting the plot without permission,
• using the plot for business purposes.

Environmental offences

Some breaches may also be criminal offences:

• Lighting fires that create nuisance or pollution may lead to enforcement under environmental legislation.
• Dumping waste on the allotment site may result in prosecution, fines and liability for clean-up costs