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Tenancy Agreement

Terms and Conditions of accepting a tenancy for an allotment plot with Colchester Borough Council.

The Tenant agrees to comply with the Council’s conditions listed below.

Use and Management of Plots

  • To use the allotment plot as an allotment garden and for no other purpose.
  • Not to cut or prune any timber or other trees without the written consent of the Council.
  • Not to take, sell or carry away any mineral, gravel, sand, clay or topsoil without the written consent of the Council.
  • Not to damage any hedges, fences, gates or notice boards situated in the allotment site of which the allotment plot forms part.
  • Not to plant any top fruit trees or other ornamental or timber trees, without the written consent of the Council.
  • Not to keep any animals or livestock of any kind upon the allotment plot without the written consent of the Council.

Site Cleanliness

  • To keep the allotment plot clean, free from weeds and well manured and otherwise maintain it in a good state of cultivation and fertility.
  • To keep any pathway adjoining the allotment plot clean, tidy and free from obstructions.
  • To ensure that all gates are kept closed and locked at all times.
  • Not to deposit, or allow other persons to deposit on the allotment plot, any refuse or any decaying matter (except manure and compost in such quantities as may be reasonably required for use in cultivation).
  • Not to deposit any refuse or waste matter anywhere in the allotment site or in adjoining land.

Health and Safety

  • To comply with the Council's Code of Practice for Bonfires.
  • To comply with manufacturer’s recommendations and to take great care to avoid any health risk to people, animals and the environment if using chemical weedkiller.
  • Not to use or allow the use of any chemical weedkiller which has a residual or long lasting effect on the soil.
  • Not to cause or allow any nuisance or annoyance to the occupier of any other allotment plot or obstruct or encroach on any path or roadway set out by the Council for the use of the occupiers of the allotment plots.
  • Not to cause, or allow to be caused, any damage to any other plot particularly by any motor vehicle.
  • Not to use barbed wire within the allotment site.
  • Not to bring, or cause to be brought into the allotment site, any dog unless the dog is held on a leash.
  • Under no circumstances should any person sleep overnight on their allotment plot or in any building on their allotment plot.
  • Not to conduct any illegal activities within the allotment site.
  • The Council is not liable for the health and safety of any allotment holder or any persons brought onto the allotment site by an allotment holder.
  • The Council has no responsibility of thefts or damage to property left on allotment plots.

Administrative Matters

  • To pay the full rent and water charge in advance as required (unless a concessionary rate is agreed by the Council) on the anniversary of your tenancy start date of each year.
  • To display clearly the number of the plot (using figures not less than 40mm (1½ inches) in height) in a prominent position upon the plot.
  • Not to underlet, assign or part with the possession of the allotment plot or of any part of it without the written consent of the Council.
  • Not to erect any building on the allotment plot without:
  • Consulting with adjacent plot holders with regard to the positioning of the building to ensure no blocking of light
  • Written consent of the Council.
  • When applying for such consent a Plan and Specification of the proposed building shall be submitted to the Council and the tenant shall accept responsibility for the maintenance of any building already on the allotment.
  • Not to erect any notice or advertisement on the allotment site, without consulting the site steward.
  • The Council shall have the right to refuse admittance to the allotment site to any person other than the tenant or a member of his family, unless they are accompanied by the tenant or a member of his family.
  • That any case of dispute between the Tenant and any other occupier of an allotment plot in the allotment site shall be referred to the Council whose decision shall be final.
  • That the Tenant shall inform the Council immediately of any change of address.
  • That the Tenant shall yield up the allotment plot at the end of the tenancy in a reasonably clean and tidy condition, or will be liable to a charge for the Council to bring it back to an acceptable standard.
  • That any officer or agent of the Council shall be entitled at any time to enter and inspect the allotment plot. These inspections are carried out on a regular basis. Failure to keep the plot in a reasonable condition may lead to the Council issuing the Tenant with a Notice To Quit (see B5.ii).
  • That the Tenant shall observe and perform any other special condition, which the Council considers necessary to preserve the allotment plot from deterioration. Notice shall be given to the Tenant in accordance with Clause C of this agreement.
  • After signing this agreement, the Tenant will be expected to commence work on the plot. If, after three months, the Tenant has not started work on the plot; the agreement may be terminated, unless there are mitigating circumstances.

This tenancy shall cease under the following conditions:

  • Following the death of the Tenant.
  • By the Tenant giving the Council notice in writing signed by the Tenant or otherwise by agreement with the Council.
  • By the Council giving the Tenant twelve months' notice in writing.
  • By the Council at any time, after giving three months' previous notice in writing to the Tenant, on account of the allotment plot being required.
  • (i) for any purpose (other than for agriculture) for which it has been acquired under any statutory provision or
  • (ii) for building mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes
  • By the Council at any time, after giving one month's previous notice in writing to the Tenant,:
  • (i) If the rent or any part thereof is in arrears for not less than forty days whether legally demanded or not or
  • (ii) If it appears to the Council that there has been a breach of the conditions of this agreement by the Tenant. If such breach relates to the cultivation of the allotment plot at least three months must have passed since the beginning of the tenancy.

Page last reviewed: 11 May 2020

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