Tenancy rules
Kettering Allotments Tenancy Rules – 2024 -adopted at the 2024 AGM
Background:- The committee agreed in 2023 that the Tenancy Agreement (Rules) needed updating. A sub-committee worked hard and reviewed our current rules, those from other allotment societies and took advice from National Allotments Society. The following was passed by unanimous vote the membership at the 2024 AGM.
Contents
Purpose of the rules and Guiding Principles
The Tenancy and Rents - Rules 1 - 21
Duty of Care, Safety - Rules 22- 37
Permitted Activities and Responsibilities - Rules 38- 48
Bans and Prohibitions- Rules 49 - 63
Structures - Rules 64- 70
Poultry and Bees - Rules 71 - 79
List of Policies
Summary of "Dos and Don'ts"
Tenancy Agreement (Rules)
Kettering Allotments is a Mutual Society, registered with the Financial Conduct Authority. It is run by a Management Committee duly elected by its members according to its constitution at the Annual General Meeting. Voting members of the society are also tenants of an allotment plot. Membership of the Society includes affiliate membership of the National Allotments Society. (These tenancy rules will be put to members at the Annual General Meeting in 2024).
All members agree to abide by the rules when renewing their tenancy each year.
The definitive and up-to-date version of these rules is published on our website www.ketteringallotments.co.uk.
Members with any questions about the rules should contact the committee or its representatives (field stewards) who will seek to clarify them.
Guiding principle - do no harm
The purpose of these rules is to enable all tenants to cultivate and enjoy their allotments and avoid harm. Tenants are free to cultivate their plots in their own way, but their activities must not harm themselves, their neighbours, future tenants or the environment. These rules are therefore designed to prevent harmful activities and to be fair to all tenants. These rules cannot cover every possible aspect, but further guidance may be found in the Society's Policy documents, published on our website. These rules are not intended to cover activities that are illegal under English/UK law. Such matters may be dealt with by the Police as the law remains supreme.
Purpose of allotments
The Tenant shall use the plot as an allotment garden only as defined by the Allotments Act 1922 (that is to say wholly or mainly for the production of vegetable, fruit and flower crops for consumption or enjoyment by Tenants and their family) and for no other purpose and keep it free of hazards, e.g. broken glass, and reasonably free from weeds and noxious plants and in a good state of cultivation and fertility and in good condition.
The Tenancy and Rents
Each allotment shall be held on a yearly tenancy beginning on 1st January.
The year's rent shall become due on the 1st January and shall be payable in advance during January each year. The rent shall be paid to the treasurer of the Society.
If rent is not paid and in arrears by 40 days then the tenancy and society membership will be terminated.
A deposit is payable when a new member starts a tenancy. The deposit may be returned when the tenancy ends if the plot is left in an acceptable condition. See Deposit Policy for more detail.
The allotment land is owned by Kettering Town Council and managed by Kettering Allotments Society. It is let to tenants until either relinquished by them or the society terminates the tenancy.
When paying rent a tenant shall also agree to abide by all the conditions, Rules and Policies of the Society and accept its constitution.
These rules cannot cover every possible circumstance; hence the Society Policies have been agreed by the Committee to provide further detail. The Tenant must comply with Society Policies. Anything not already covered by a Policy is to be referred to a field steward initially and then the Committee.
Tenants may not assign, sub-let or change possession or control of all or part of an allotment. E.g. passing on your allotment to a friend, plotholder or family member.
A tenant may not trespass or encroach on other plots, or cultivate land beyond their boundaries. A path of two feet width is normally expected between neighbours' plots, comprising one foot from each tenant's plot. Any variation of the path between neighbours must be approved by the field steward. Likewise, any boundary queries must be referred to the field steward.
Any member of the management committee or Officer of the Society shall be entitled at any time to enter and inspect the allotment and any structure thereon. Where a plot entrance has a locked gate, arrangements should be made to allow access to stewards.
The maximum holding for a tenant is thirty poles in area (approx 750 sq metres).
Tenants are required to notify any changes in address or other contact details to the secretary. Likewise for periods of extended absence (e.g. illness), tenants should inform stewards.
Where the Tenant is more than one person the obligations and liabilities will be joint and several of those persons.
Tenants must be adults. Children under 18 must be accompanied and supervised at all times whilst on allotment land.
A new tenant shall be on a probationary period of no less than six months. If these rules are not followed satisfactorily during the probationary period, then the tenancy may be terminated forthwith without the normal three months notice outlined in Rules 39 & 40
Tenants have no right to pass on a tenancy. However, the committee will treat sympathetically any request from next of kin to continue to manage a plot. (See Rule 8 and Waiting Lists Policy for more detail).
One month’s notice of any rent increase will be given by the Society to the Tenant.
One year's rent or a proportion shall be paid in advance by every incoming tenant.
A tenant may relinquish a plot at any time by giving notice to the secretary or field steward, leaving it in an acceptable condition and returning all keys to gates etc.
The tenancy may also be terminated by the field steward or secretary for breach of these rules, or the Society’s policies.The Disciplinary Policy will be followed in such circumstances. A tenant has the right of appeal to the committee.
The tenancy may be terminated in any year on or before 6th January or on or after 29th June upon three months notice being given by the Society or the tenant, for example if the allotment field is scheduled for building, sewer or road construction.
Duty of Care
Tenants have a duty of care to everyone, including visitors to the site, trespassers and themselves. There is also a duty of care to the future tenants of a plot and the environment. Tenants shall respect and be considerate to their plot neighbours.
Tenants shall comply with the Policy on locking perimeter gates. This Policy may vary for each field as circumstances change. Tenants should consult field stewards if further clarification is needed on gate locking Policy.
Tenants shall follow the Health and Safety Policy, as published online or available at cost if a hard copy is requested.
Members, plot holders, stewards,committee members and visitors have the right to feel safe on allotments and not be subjected to swearing or intimidation of any kind. Bringing the Allotment Society into disrepute will be considered as a disciplinary matter as will abusive language or threatening behaviour towards any person.
Dogs must be kept on a lead at all times on allotment land or in a fenced enclosure within the plot. Dog faeces must be bagged and disposed of correctly (not on allotment land).
Tenants are responsible for the correct use of any mechanically powered machinery on their plot and must ensure that anyone using such is sufficiently competent.
Vehicles are permitted provided that they observe the 5mph (walking pace) speed limit and do not obscure access for others. A tenant using or commissioning the use of motor vehicles on allotment land will be held liable for any damage caused to roadways, gates, plots etc.
Tenants must not park vehicles on allotment roadways/ridings but may use hard standings where provided.
The committee reserves the right to close roadways or ridings to vehicles without prior notice; for example in wet weather. Any barriers and signs to this effect must be respected and not be moved.
Tenants shall maintain all structures e.g. sheds, polytunnels, poultry housing in a safe condition and securely fixed. If a field steward is not satisfied with the safe state of a structure the tenant must either repair or remove it within one month of the instruction to do so.
Petrol and pressurised gas containers e.g. propane, butane must not be left unattended on any part of an allotment, including sheds. If such substances are brought to an allotment they must be taken away from the allotment field upon departure that day.
Tenants should not cause damage to the environment, for example by creating or storing toxic or harmful waste on allotment land. This includes the burning of noxious substances. For more detail on this rule reference should be made to the Society's Health and Safety Policy, Bonfire Policy and Waste Policy.
Pesticides must be used with extreme care and only according to the manufacturer's instructions. Only those products available to amateur gardeners may be used. Care must be taken to avoid drift of sprays onto other plots.
Only authorised persons may be permitted on the allotment. Authorised persons include the tenant, the tenant's immediate family or accompanied guests. Non-tenants may be allowed on site when a tenant is away to water plants etc if permission has been granted.
Any brambles or thorn hedges that are beside a fence and form part of a security perimeter must not be removed, but may be trimmed back if encroaching further into a plot.
Tenants shall report any criminal activity on allotments to the Police and obtain a crime number. A report should also be made to the field steward or committee secretary. The committee accepts no liability for loss, theft or damage to items on allotment land. It is impossible to insure valuables.
Permitted activities and Responsibilities
The allotment and any structures on it, is let to a tenant for personal use only. Tenants must not carry out any business, commercial or profit-making activities from an allotment.
Tenants must cultivate their allotment, keeping it free from weeds. 75% of the plot must be cultivated (growing crops). Refer to the Cultivation and Weeds Policy for more detail on this rule. Covering the plot with cardboard or weed suppressant does not count as cultivation. Cultivation means growing crops.
A tenant whose plot has not been cultivated for a period of three months shall be deemed to have vacated even if the rent has been paid. The tenancy is then terminated. Such a tenant has the right to appeal to the committee.
Outgoing tenants shall be held liable for any expenses incurred by the Society in clearing their neglected allotments.
Tenants shall be responsible for the upkeep and tidiness of all pathways (grass pathways should be kept short), hedges and roadways abutting their allotment.
The security of perimeter hedges and fences should be maintained and any weak points reported promptly to stewards. Thorny plants (e.g. brambles, hawthorn) in perimeter boundaries are encouraged to improve security.
Tenants shall maintain soil fertility in their allotments and make every effort to minimise soil loss, degradation and erosion.
No trees other than miniature fruit trees may be grown. The maximum height limit is 8 feet (2.5 metres).
Composting of crop residues and weeds is encouraged.
All non compostable waste shall be removed from the Allotment Site by the Tenant.
Fires are discouraged and subject to the Bonfires Policy
Bans and Prohibitions
Car tyres, carpet, artificial turf, laminated wood,items of household furniture and appliances (e.g. sofas, baths, sinks) are prohibited.These must not be brought to or stored on allotment land.
Other items that are not suitable for use in a garden are also prohibited.
Items that may release toxins into the environment are prohibited.
Hazardous materials or waste is not permitted.
Burning waste that releases noxious smoke is prohibited.
The use of a hosepipe with mains water is not permitted.
uPVc windows and doors are not permitted for any new structures. Any uPVC currently installed in a structure, must be removed when the tenant leaves. Broken glass must be removed promptly.
Concrete or hardcore bases for structures is not permitted, likewise concreting-in of posts or hard standing driveways on plots.
New fences over 1 metre high are prohibited (see Fences Policy for details)
Pesticides not available retail to amateurs are prohibited.
Fly tipping on allotment land is prohibited.
Abusive language or threatening behaviour towards any person is unacceptable.
Barbed wire or razor wire is prohibited.
Staying overnight on allotment land is prohibited.
Caravans, boats, motorhomes are not allowed on allotment land.
Structures (including sheds, polytunnels, greenhouses, poultry housing, gazebos, marquees, children’s play equipment)
Permission must be received from the field steward before any new structure is built or brought onto allotment land, including fences. This also applies to modification of existing structures.
During their initial probationary period tenants should not construct new fences or poultry housing, but concentrate on cultivation (growing crops).
Tenants are permitted to store materials for use on the allotment for a maximum of six months. Any materials e.g. timber must be used within six months of appearing on the allotment.
The maximum size of any new shed is 10 ft by 8 ft (3 x 2.5 metres)
Permission must be received from the field steward before any new slabs are laid. Slabs are limited to a shed base. Slabs must not be concreted in, but rest on the soil only. No slab patios should be created.
The total area of structures, including sheds, greenhouses, polytunnels, slabs, child play equipment and poultry housing shall occupy no more than 25% (quarter of an allotment plot). The remaining 75% must be cultivated (used for growing crops). Poultry housing and runs erected before this rule was first agreed (March 2016) are exempt from the 25% rule, however, should the tenant leave, the poultry housing must be removed and the 25% rule will then apply to that plot.
All applicable structures must have guttering, down pipes and containers for the collection and storage of rainwater. In particular, any plot with a polytunnel or greenhouse must have the capacity for the collection and storage of at least one thousand litres of rainwater.
No new glass structures (eg greenhouses, shed windows) to be installed with effect from 2024. Existing glass to have measures in place to prevent broken glass landing on neighbouring plots (eg in storms) and take responsibility for removing broken glass from the site promptly and safely. Any broken glass panes to be replaced by plastic.
Poultry and Bees
Permitted livestock on allotment sites is restricted to poultry (chickens, ducks and geese only) and bees. No other livestock is permitted on plots e.g. rabbits, pigeons or pigs. No new or additional geese will be permitted from 2024.Exisitng geese may remain until they die or are removed but no replacements or new geese allowed from 2024.
Permission must be received from the field steward before any new poultry is brought onto allotment land or poultry housing is constructed
Permission may be granted to install poultry only after the probationary period has been successfully completed.
The committee reserves the right to withdraw permission to keep permitted livestock if the Poultry Policy and RSPCA Guidelines are not followed or the rest of the plot is not cultivated. (see Poultry Policy, Cultivation and Weeds Policy)
All poultry must be kept in an enclosure that is secure to prevent the escape of the birds and entry of vermin or foxes.
The maximum number of birds per tenant household is nine. Poultry exceeding this number installed on plots before this rule (March 2023) may be allowed to continue but not increase further.
Items (e.g. poultry equipment) must not be washed in the communal water troughs.
All tenants shall ensure that vermin are controlled. Any tenant with a source of vermin on their plot must take effective measures to eliminate the vermin and report this to the field steward. Repeated infestations of vermin may lead to disciplinary action.
Written permission must be received from the field steward before any bees or hives are brought onto allotment land. Bees may only be kept if the tenant is a registered member of the BBKA (British BeeKeepers' Association). The restrictions and requirements listed in the Bee Keeping Guidelines must be adhered to. This includes displaying your current telephone number on the noticeboard, in case of swarming.
List of Policies
The following guidelines have been agreed by the committee, published on the website and provide further guidance and details.
Summary of Rules and Prohibitions - a one page summary
Role of the Field Stewards Policy
Waste Management Policy (including Recycling, Waste and Fly-tipping Guidelines)
CCTV policy (pending)
Social Media Policy (pending)
Kettering Allotments Society
Summary of Rules and Prohibitions of the Tenancy Agreement
This is not the full list of Rules, but a convenient summary. For any queries, consult the full Tenancy Agreement (Rules) and ask your steward or the committee
DOs
✔ pay your rent by 31st January each year
✔ cultivate your plot - at least 75% of the land must be used for growing crops ✔ trees restricted to miniature fruit trees, maximum 8 feet tall (2.5 metres)
✔ lock gates and remain vigilant to maintain security
✔ remove weeds and make compost (rather than burning)
✔ abide by the rules, committee Policies and the constitution of the Society ✔ collect and store rainwater. At least 1000 litres required for polytunnels
✔ talk to your stewards to clarify Rules and Policies and ask questions
✔ respect and consider your plot neighbours
✔ Stay safe and follow the Health and Safety Policy
✔ report any hazards or safety concerns to stewards immediately
✔ keep dogs on a lead, pick up poo and take home to dispose of
✔ Always consider your duty of care for the environment
✔ get permission before getting poultry or bees (no other livestock allowed) ✔ poultry limited to chickens, ducks and geese - no other birds allowed
✔ remove your rubbish and dispose of non-recyclable waste responsibly
✔ keep to the 5mph speed limit on the site
✔ supervise all fires, ensuring they don’t cause harm
✔ supervise children and guests at all times on allotment land1
DON’Ts
✖ DON’T look for loopholes in the rules. Obey the spirit of the rules
✖ DON’T encroach on your neighbours’ plots, trespass or take items without permission ✖ DON’T build structures (sheds etc) or fences without permission
✖ NO MORE THAN 25% of the plot may be structures
✖ DON’T park on ridings (unless unloading) or block access to other plots
✖ DON’T bring materials/greenery from home to burn
✖ DON’T burn things that make hazardous smoke. NO FIRES on Sundays
✖ DON’T store valuables or fuel at the allotment
✖ DON’T use concrete slabs without permission
✖ DON’T plant trees, apart from dwarf fruit trees
✖ DON’T use abusive language or threatening behaviour towards any person
✖ DON’T Do Anything illegal in UK law (eg use asbestos)
✖ DON’T Use an allotment as part of any business
✖ DON’T Fly tip
BANNED and PROHIBITED ITEMS
✖Carpet, underlay and laminated wood ✖Car and tractor tyres ✖Toxic items ✖Concrete ✖Hosepipes for mains water ✖ uPVC windows and doors ✖Sofas ✖Household furniture and non-garden items ✖Sinks, baths, toilets ✖Barbed wire ✖razor wire ✖Broken glass ✖ Artificial turf ✖Fences over 1 metre high - check policy for details ✖Sheds bigger than 10 feet by 8 feet ✖Pesticides, other than those available to amateurs in retail stores ✖ hard standing car parking on plots
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