Contents
Cardiff Allotments page with guide
Voluntary Termination of Tenancy Blank Form
Rules of Tenancy – Guidance Summary from Cardiff’s Handy Guide for Growers
Schedule of conditions as per tenancy agreement
When and how the council may Close our tenancy of our plot
Cardiff Allotments Page with guide
Cardiff have their own page, with a handy guide, which is reproduced – with acknowledgments – here:-
Voluntary Termination of Tenancy Blank Form (Scroll Down For Welsh Copy)
Rules of Tenancy – Guidance Summary – extract from Cardiff’s Handy Guide for Growers
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UNDERSTANDING THE ALLOTMENT RULES
What are the rules for?
The Allotments Act and your Tenancy Agreement dictate how your allotment can be used. The agreement is a legal document and failure to comply with it could result in the termination of your tenancy.
Summary of the rules
Please note:
This summary is provided as a guide to help you understand your tenancy agreement. It is provided for information purposes only and is not [in itself] legally binding. It does not replace [that is, re-write] the terms and conditions of your Allotment Tenancy Agreement [which is].
Under your Allotment Tenancy Agreement, you are expected to:
1 – Maintain your plot in good condition
This means you must:
- Cultivate all of your plot, keeping it weed free and well-manured.
- Clear all weeds to prevent them from setting seed and causing nuisance to others
- Maintain pathways between your plot and those surrounding it in good condition and free from any obstructions.
- Display your plot number clearly within the allotment plot.
- Maintain any sheds, greenhouses or other structures in good condition, otherwise you may be asked to remove them.
- Leave the plot in good condition, free from rubbish and structures if you decide to terminate your tenancy. The Council will recover the costs of doing this from you if you fail to do so.
2 – Use your allotment only for the approved purpose
This means you must:
- Use your Allotment plot only for growing produce. You cannot keep livestock and you are not permitted to cut or prune trees for timber. However, you are permitted to prune fruit trees on your plot.
- Cultivate your plot for the benefit of you and your family and friends. Allotments are not to be used for trade, business or retail.
- Cultivate the plot yourself. No part of the plot should be sub-let to any other person.
- Get permission to locate any building or structure on the plot (see Section 6). No buildings on site are to be used for sleeping accommodation and you must not install any hard surface or patio on your plot.
3 – Be a responsible allotment holder:
This means you must:
- Always ensure that the gate(s) to the allotment are locked after entering or leaving the site.
- Keep your keys for your own use. Do not give site keys to other people or allow them to visit the site unsupervised.
- Ensure your dog remains on your plot at all times if brought to the site
- Closely supervise any children you bring with you, ensuring they remain on your plot. The allotment site is not a playground
- Avoid causing nuisance, damage or annoyance to the council, other allotment tenants or the residents of surrounding property/land. Nuisance could include the use of bad or abusive language, getting drunk, playing loud music or lighting bonfires. No fires are allowed on allotment plots.
- Ensure no noxious, dangerous or carcinogenic materials are present on the allotment plot. The use of materials containing asbestos is not permitted.
- Be courteous to other plot holders. Do not use any threatening or abusive behaviour on the site, either physical or verbal.
- Make sure your plot is kept in a tidy condition. You are not allowed to bring domestic refuse onto the site or allow any waste materials to accumulate on the plot. Old carpets must not be used to cover bare ground before planting. See Section 5 [of the Cardiff Guide] for alternative ways of reducing weed growth.
- Retain all topsoil and subsoil on your plot. You may not remove or sell any mineral, gravel, sand or clay from the allotment site
- Visit the site only in daylight hours. Do not visit before sunrise or after sunset.
4 – Reduce, re-use and recycle
This means you must:
- Compost all soft vegetable waste on your plot, compost and recycle as much as possible
- Use water sparingly, harvest rainwater where possible. Consider collecting rain water in water tanks for use on the plot. Do not use hosepipes.
5 – Get appropriate permission from the Council when required
You will need formal permission for:
- Planting trees (other than small growing fruit trees) on an allotment site
- Building a shed, greenhouse, pond, fence or any other structure on the allotment
6 – Ensure payments and records are up to date
This means you must:
- Be a Cardiff resident to hold an allotment, unless the Council consents otherwise.
- Pay your rent promptly when you receive your bill
- Contact the Council if you change your address
- Tell the both the Council and the Site Secretary when you decide to give up your plot, we have waiting lists for all sites
7 – What happens if I breach the rules?
Your tenancy may be terminated if you do not comply with the allotment rules. Depending on how you have breached the rules this will happen in one of two ways:
(1 )- Breach of rules, including non payment of rent
The Council will give you one months notice in writing that tenancy is to be terminated.
(2) – Conviction of theft from any allotment plot by the tenant or any person invited by them onto the allotment site
Your Tenancy Agreement will terminate immediately and without notice.
Schedule of conditions as per tenancy agreement
Every one of us who is a plot holder has signed the Agreement of which this Schedule is a part, and we’re therefore all bound by its terms. Provisions where there are commonly problems with compliance are in bold type (ours) and everyone’s asked kindly to review their own position in these respects.
Schedule
1. The tenant shall keep the Allotment Garden free from weeds, and well manured and otherwise maintain it in a proper state of cultivation (and shall put the Allotment Garden into a proper state of cultivation on commencement of the tenancy if necessary).
2. The tenant shall himself cultivate the Allotment Garden and shall not without written consent of Cardiff Council, underlet, assign, or part with or share the possession of the Allotment Garden or any part of it.
3. Any buildings and erections thereon shall be used only for the purposes of an Allotment Garden in accordance with the Allotment Act, 1922 and any Acts amending the same and no such building or erection or structure shall be used as a dwelling house, shop or workshop, stable, dog-kennel, pigeon cote, bee-hive, or as a pig-sty, or any purpose whatsoever other than the purpose aforesaid.
4. The Tenant must not keep any bees, animals or livestock on the allotment site without the prior written consent of the Council.
5. The Tenant shall keep every path adjoining the allotment garden in good repair and condition.
6. The Tenant shall not without the like consent, prune, or remove or interfere with any timber or other trees, or take, sell or carry away any soil, mineral, stone, gravel, sand, slate, chalk, flints, clay or substrata.
7. The Tenant shall not plant or maintain any broadleaved, conifer or willow trees in, on, or around the allotment site.
8. The tenant shall not without the like consent, erect or place and/or maintain on the Allotment Garden any, chalet, toolhouse, shed, greenhouse, pig-sty or other building or vehicle or fence or structure whatsoever, and if consent is granted it may be given subject to such conditions as Cardiff Council may impose.
9. The Tenant shall not use or permit to be used the Allotment Garden for trade or business purpose or for any purpose other than an allotment garden.
10. The Tenant shall not use or permit to be used the Allotment Garden or any building thereon for the sale, distribution or consumption of intoxicating liquors or for gambling in any form.
11. The Tenant must ensure that the gates are locked when entering or leaving the Allotment site.
12. The Tenant shall not install in the hut any form of heating apparatus.
13. The Tenant shall exercise due and proper care in regard to the water supply in order to prevent waste and shall not fix fittings to water supplies, shall not use hose pipes, shall not siphon water into another container, and shall use it in connection with the purpose specified in Clause 2 above and Cardiff Council reserve the right to shut off the water supply and to empty the pipes whenever deemed necessary owing to frost or any other cause.
14. If in the opinion of Cardiff Council the Tenant causes wilful or wanton damage to any tree, fence, gate or main path, to any water pipe or tap, or any tool shed or hut or any fitting thereof or to any property of Cardiff Council, Cardiff Council may at their discretion require the Tenant to make good the same and in default thereof do such work themselves and may charge the Tenant with the cost thereof.
15. All remains or objects of an archaeological or other scientific interest found on the Allotment Garden are the property of Cardiff Council and the Tenant, on discovering any such remains shall forthwith report the fact to Cardiff Council and hand over the same to them upon request.
16. The Tenant shall not cause or suffer any nuisance, annoyance or damage to the occupier of any other Allotment Garden or to the tenant or owner of adjoining or contiguous premises or obstruct or injure any path set out for the use of the occupiers of the Allotment Gardens, nor shall the Tenant light any fires in on or around the Allotment Garden. Breaches of these requirements may amount to an offence under The Environmental Protection Act 1990 for which the maximum penalty is a fine of up to £5,000 and/or 6 (six) moths imprisonment or as amended from time to time.
17. The Tenant shall not deposit any waste in on or around the Allotment Garden. Any breach of this condition may amount to an offence under the Environmental Protection Act 1990 for which the maximum penalty is a fine of up to £20,000 and/or 6 (six) months imprisonment or as amended from time to time.
18. Dogs must be kept on a leash.
19. The Tenant shall not use the Allotment Garden or have access thereto otherwise than between the hours of sunrise and sunset each day.
20. Any officer of Cardiff Council shall be entitled at any time to enter and inspect the Allotment Garden, Shed or Greenhouse.
21. The tenancy shall be determined by the Tenant on the Second day of February in any year of the tenancy by 6 (six) calendar months’ prior notice in writing to Cardiff Council or such lesser notice as the Council may accept.
22. The tenancy shall be determined by Cardiff Council in accordance with the provisions of The Allotments Act, 1922. In the event of the termination of the tenancy the Tenant shall be liable to pay rent pro rata to the time of such termination or re-entry.
23. This tenancy may be determined by the Council giving the tenant 12 months’ notice in writing on or before 6 April expiring on or after 29 September in any year. The tenant must yield up the allotment at determination of the tenancy in such condition as complies with the terms of this agreement.
24. The tenancy may be determined by re-entry by Cardiff Council at any time after giving 1 (one) months prior notice in writing to the tenant (a) if the rent is in arrears for not less than 40 (forty) days whether legally demanded or not or (b) if it appears to Cardiff Council that there has been a breach of the conditions on the part of the tenant in this agreement or (c) if the tenant becomes bankrupt. The tenancy will determine on the rent day next after the death of the tenant.
25. Any notice by Cardiff Council shall be delivered or sent by post to the Tenant at his last known place of abode or business or left for him upon the Allotment Garden.
26. Where there are two or more persons include in the expression “The Tenant” the obligation of the Tenant shall be made jointly and severally.
27. The tenant must at all times observe and comply with all enactments, Statutory Instruments or byelaws affecting the allotment.
Pontcanna Permanent Allotments 