Mickleover Old Allotment Association (MOAA) Rules
Updated 21.2.202.
Please note:
The MOAA committee manages these allotments on behalf of Derby City Council who own the site. The rules for plot holders set down below are required to ensure that the site is managed in accordance with the lease and with the laws of the land.
The site is managed by the MOAA on a first served basis without prejudicial treatment. The race, gender, cultural background, sexual orientation, health or disability of plot holders is not a barrier to renting a plot.
Rules
Plot Holder Rent.
An annual rent will be payable to the secretary of the MOAA by the 31st January each year. Plot holders will be advised of the annual rent payable early in the new year.
The annual rent will include a fee of £3.50(it increased by £0.50 the end of 2024) covering the plot holder’s membership of the National Society of Allotment and leisure gardeners NSALG. All plot holders must belong to the NSALG which is a UK non-profit organisation aiming to minimise the loss of gardens for individual use. Website www.nsalg.org.uk
The rent will be set by the committee of the MOAA and will cover the costs laid down in the lease. New plot holders joining during the year (April to March) will pay a proportion of the annual rent.
If a plot holder does not pay the rent by the 31st January it will be assumed that the plot is no longer required and you will be served notice to quit.
An initial membership fee of £3.00 is payable when a new member takes over an allotment which may be increased annually.
A deposit is required when taking on a plot and this is only returnable if the plot is left in good condition.
Plot Condition and Notice of Problems.
Plot holders must keep their plots clean, free from weeds and maintained in a good state of cultivation, fertility and in good condition. They must also keep pathways adjacent to their plot in good condition.
Please note that the committee continually monitors the condition of all plots on a regular basis and may at any time gain full access to your plot for inspection. Pictures may be taken on occasion.
Fires
You may only have fires between 31st September and 1st April after midday and must be supervised until its out. Please make sure that you take notice of the wind direction etc so that other plot holders or our neighbors in houses next to site are not inconvenienced. other details can be found here
Livestock
No livestock of any type can be kept on this site.
Identification
It is the plot holder’s responsibility to ensure that their plot is identified with number markers.
Vehicle Access and Parking
Vehicles should enter the site via access between houses close to the parking area and not by the private road between the back of the houses and the allotment site.
Plot holders must park their vehicles within the car park and not on the grass paths. If your parked car is blocking access to the site, please display your plot number clearly in your windscreen, so that you can be found if necessary.
Access to plots by vehicle for unloading must only be undertaken when the ground is suitably dry and firm. Damage to any grass driveway by vehicles in unsuitable conditions must be rectified by you.
Storage of Materials
Only materials for use on the plot may be stored there e.g bean poles, cloches, pots and netting for seasonal use.
Rubbish and Recycling
Rubbish from external sources may not be deposited on the plot or any other part of the site.
Duty of Care (including chemicals, fuel and hazardous materials)
Plot holders have a duty of care to everyone, including visitors, trespassers and themselves. Particular care should be taken when using strimmer’s, rotovators and other mechanical/powered equipment. Care should be taken to avoid creating hazards by the construction of features on the allotment, or the storage and usage of tools, chemicals, fuels and hazardous materials.
You must ensure that adequate safety measures are maintained in respect of the allotment or site and that any work carried out on your plot indemnifies the MOAA against all claims, charges, costs and expenses arising in connection with or incidental to the allotment or site and the carrying out of such work.
The MOAA shall not be liable to the tenant or any visitor for personal injury, damage or loss of any kind unless caused by the MOAA.
The MOAA committee will not be held responsible for any loss or damage caused to property or equipment left on site and you will not be entitled to any compensation as a result.
Unauthorised Persons
Only the plot holder or a person authorised or accompanied by the plot holder is allowed on site.
Notice to quit the site
Should you wish to quit your plot, a period of 3 months notice must be given to the committee in writing by letter or email.
Should you not adhere to the rules, you will receive an initial verbal warning followed by a written warning and then a final notice to quit your plot. The time scale between these will be a total of 3 months (approximately 28 days between each of the above steps).
During the main growing period from March to October, every effort should be made to fully cultivate the plot. If through any reason, you find it impossible to maintain your plot, it is your responsibility as a plot holder to advise the committee of this - Please note that it is not the responsibility of the committee to contact the plot holder.
If the plot holder is not capable of managing their plot and has informed the secretary of this, then one of the following will apply:
1. The plot holder will be given time to resume working on their plot (for example after a period of sickness).
2. The committee may agree to reduce the size of the plot if a full plot cannot be managed.
3. Or the committee may agree with the plot holder that it is in their best interest to quit the plot, and if so will repay any outstanding rent.
Prevention of Nuisance and Annoyance
Dogs are not allowed onto the allotments unless on a lead and under strict control. Children are welcomed onto the site but please ensure that they do not cause a nuisance to other plot holders. Fireworks are not allowed to be set off on the site.
Every effort should be made to prevent the spread of weeds and their seeds to neighbouring plots.
Any dispute between the tenant and any adjoining allotment holder within the allotment site must be referred to the MOAA committee whose decision shall be final.
The MOAA shall have the right to refuse admittance to the site to any person unless accompanied by the tenant.
You must observe notices on the site that may require additional requirements not included in this document.
Boundaries
The boundary of your allotment must remain and may under no circumstances be moved.
Should your plot be bordered by a hedge, it is your responsibility to maintain it. The council may trim hedges periodically and have full access to your plot in order to do so.
Prohibition of Sub-letting
No plot can be sub-let or transferred to other people without the permission of the committee.
Water
You may use water provided from taps situated along the main pathways.
Please note that the water supply is provided as part of your annual rent. However, it must be used sensibly.
You may use a hosepipe to irrigate your plot (except in the event of a hosepipe ban where watering cans etc must be used). Sprinklers are not permitted on this site.
Please note that the water supply may be turned off during the Winter months to prevent freezing.
Use of Barbed Wire
Barbed wire cannot be used anywhere on the site.
Observance of the conditions of the lease
The committee will ensure that the conditions of the lease are met and will advise plot holders if these are breached.
Prohibition of trade or business
No business can be run on the site and produce can only be grown for plot holders or family consumption. The sale of produce from a plot is not allowed.
Erection of buildings
Buildings or sheds are not allowed on the site. Plot holders can however have a tool store of no higher than 1.28m (4ft).
Ponds/water features
A small pond/water feature is permitted on your plot providing that it is no more than 1 metre in diameter and no more than 30 cm deep. It must also be made safe for animals and children.
Breach of Rules
Should a breach of these rules or serious misconduct takes place, then the committee will consider the violation, and may take the decision to give immediate notice to quit whose decision shall be final.
The committee reserves the right to give immediate notice to quit if a plot is neglected and no improvement is made after first warning to the tenant in writing.
Disbanding of the Association
In the event of the association being disbanded, all monies will be shared among the registered members after all assets are accrued and all expenses are met.
Change of Address
Please inform the secretary in writing of any change of address or status.