City Of Worcester Allotment Gardens Legal Agreement.
The agreement is made BETWEEN the WORCESTER CITY COUNCIL (hereinafter called "the Council") of the one part and of "The Tenant" of the other part.
Whereby it is agreed as follows
1. THE Council hereby let and the Tenant hereby takes the allotment garden agreed at the agreed site for the agreed period of time.
2. THE tenancy shall be from year to year but determinable by either party giving to the other twelve calendar months previous notice in writing expiring on or before the Sixth day of April or on or after the Twenty-ninth day of September in any year.
3. THE tenancy shall also be determinable by the Council by re-entry under the powers hereby reserved as follows:.—.
(1) After three months previous notice in writing to the Tenant on account of The land being required by the Council or their lessors for building mining or any other industrial purpose or for roads or sewers necessary in connection with any of those purposes or on account of the land being required by the Council for a purpose (not being the use of the land for agriculture) for which it was acquired or is held by the Council or has been appropriated under any statutory provision or
(2) After fourteen days previous notice in writing to the Tenant in the case of land acquired or held by the Council as a Local Authority before the passing of the Allotments Act 1922 under the Housing Acts 1890 to 1921 on account of the land being required by the Council as a Local Authority for the purposes of those Acts or
(3) Without notice in the case of any land for non-payment of rent or breach of any term or condition of the tenancy or on account of the Tenant becoming bankrupt or compounding with his creditors
4. SUBJECT to the proviso in sub-paragraph (5) hereof the following provisions as to compensation shall have effect as between the Council and the Tenant:—
(1) Where the tenancy is determined by the Council by notice to quit or by re-entry under sub-paragraph (1) or (2) of paragraph 3 hereof the Council shall pay to the Tenant at the termination of the tenancy on quitting the said land the value of any crops growing upon the land in the ordinary course of cultivation of the land as an allotment garden and planted consistently with the provisions of paragraph 9 hereof before the giving of the notice to quit or notice of re-entry (as the case may be) and remaining upon the land at the termination of the tenancy and the unexhausted value of manure applied to the land
(2) Where the tenancy is determined as to the whole or any part of the land comprised therein either
(a) by re-entry under sub-paragraph (1) or (2) of paragraph 3 hereof or
(b) where the Council are themselves tenants by the termination of the Council's tenancy or
(c) where the Council have let the land under Section 10 of the Allotments Act 1922 by the termination of the right of occupation of the Council
the Council shall pay to the Tenant on quitting the land or that part thereof, as the case may be compensation for the disturbance of an amount determined in accordance with sub-section (2) of Section 3 of the Allotments Act 1950, namely
(i) Where the tenancy terminates as to the whole of the land an amount equal to one years rent of land
(ii) Where the tenancy terminates as to part of the land an amount bearing to the amount mentioned in the foregoing paragraph the same proportion that the area of that part bears to the area of the whole of the land
(3) Where the Tenant quits the land on the termination of the tenancy the Council shall be entitled to recover from the Tenant compensation in respect of any deterioration of the land caused by failure of the Tenant to maintain it clean and in a good state of cultivation and fertility the amount of which compensation shall be the cost as at the date of the Tenant's quitting the land of making good the deterioration PROVIDED that where the Tenant of the land has remained therein during two or more tenancies the Council shall not be deprived of their right to compensation hereunder in respect of deterioration of the land by reason only that the tenancy during which the act or omission occurred which in whole or in part caused the deterioration was a tenancy at the termination of which the Tenant quits the land
(i) The Council shall be entitled out of any money payable to the Tenant by way of compensation under subparagraph (1) or (2) hereof to deduct any sum due to them from the Tenant under or in respect of the tenancy (including any sums payable to the Council for rent damages for breach of this agreement and any sum due by way of compensation under sub-paragraph (3) hereof)
(ii) The Tenant shall be entitled to deduct out of any money due to the Council from the Tenant under or in respect of the tenancy (including such sums as aforesaid) any sum payable to him by the Council by way of compensation under sub-paragraph (1) or (2) hereof
(5) PROVIDED that sub-paragraphs (2) (3) and (4) hereof shall not apply to land let by the Council under Regulation 62.A of the Defence (General) Regulations 1939 and shall have no effect in any document embodying an arrangement for the cultivation or use of land made in pursuance of the Cultivation of Lands (Allotments) Order 1939 as originally made or of that Order as amended by the Cultivation of Lands (Allotments) Order 1941
(1) ACCOUNTS for the annual rent will be rendered by the Council to the Tenant and such accounts will fall due for payment on and shall be paid by the Tenant on or before the Thirty-lint day of December dunn2 each year of the tenancy and rent so paid will be for the period First day of October in the year for which the account falls due to the Thirtieth day of September in the succeeding year and in the event of the tenancy commencing on a date other than the First day of October then the annual rent up to the Thirtieth day or September next shall become payable immediately on the signing of this agreement and in the event of the tenancy terminating during the course of a year for which rent has been paid no part of the rent will be repaid by the Council
(2) THE Council shall be entitled to vary the rent charged by giving the Tenant twelve months notice in writing of their intention to do so and any such variation in the rent shall take effect after the expiration of the said notice on a date fixed by the Council without the Council having to serve notice to quit and granting a new tenancy
6. EVERY allotment garden shall be kept free from weeds and well manured and shall be cultivated and maintained in a proper state of cultivation as an allotment garden and shall be left in good heart and condition on the termination of the tenancy
7. THE Tenant shall not do or permit any act or thing on an allotment garden which may be a nuisance or annoyance to the Tenant of any other allotment garden or the occupiers of neighbouring property nor assign underlet or part with possession of any allotment garden nor use the same as a market garden
8. NO poultry pig or other livestock shall be kept on any allotment garden and no building or structure shall be erected placed or maintained thereon without the previous written permission of the Council
9. FOR the purpose of protecting the Council from claims for compensation for planting fruit trees or bushes strawberry plants asparagus rhubarb or other vegetable crops which continue productive for two or more years the Council prohibit such improvements in any Allotment gardens subject to the appeal provided for by section 47 of the Small Holdings and Allotments Act 1908
10. SERVICE upon a Tenant of any Notice or document may be effected by delivering it to the Tenant personally or leaving it for him or forwarding it to him by post at his usual or last known place of abode in the City of Worcester and any notice or document sent by post shall be deemed to be delivered at the address to which it is sent in due course of post
11. ANY member or officer of the Council shall be entitled at any time to enter and inspect every allotment garden
12. THE tenancy of an allotment garden is subject to all Rules made by the Council for regulating allotment gardens and for the time being in force
13. THE tenancy shall commence on the agreed date