Topic: Allotment Agreements and Associations

[DavidW]

Hi,
The allotment site I'm presently on has been contacted by the local council, telling us we need to have a new agreement witten up and we also require insurance. For all this to happen we first need to form an association. I've seen some sites mentioned on this form, which would be the best for us to go to for advice and insurance. There are presently only 6 of us on site, the site has been rented for over 40 years (peppercorn rent)

Thanks in advance

David

[littlebabybird]

hi david, i know nothing but i would contact the National Society of Allotment and Leisure Gardeners and ask for their help
www.nsalg.org.uk
lbb

[Unwashed]

When you say new agreement, what's the old agreement?  Are you self-managed without an association?  You're talking about a selfmanagement agreement, not a tenancy agreement, right?

What exactly are the council asking you to insure against, public liability?

[DavidW]

There seems to have been a tenancy agreement signed around 1968, both people who signed, are no longer with us!. The council came to the site and said we would have to sign a new tenancy agreement and that we needed insuance. There has been a  person who has been paying the peppercorn over the years, but there is no committee/ society formed.The set up is of a small size, 6 allotments only, sorry if this seems vague.

Thanks Again
David

[Digeroo]

Are you sure you need to have a new agreement or is it just that the council would prefer it if you do?

[Unwashed]

David, what are the council telling you that you need to insure against?

What is the agreement that the two departed tenants signed?  Is it a lease for the whole site for a peppercorn rent or something else?

Do each of the six current tenants individually pay rent to the coucil for your own individual plots?  How much?

What does the council want to you form a site association for?  Does it want the site association to rent the site off them and then lease the plots to the individual tenants.  What are the terms of the agreement they're proposing - can you post it?

[DavidW]

Unwashed,
Thanks for the prompt response, I'll find some of the answers out this week and get back to you. This what i know at present:-
1. At present the Secretary pays a peppercorn rent for the whole plot. I believe there was some form of association years ago, but fell into disuse.
2. The council mentioned liability insurance.
3. I'm not sure why they want us to form an association, i will phone and ask.
4. I believe they want the association to rent the whole plot.

Thanks
David

[Robert_Brenchley]

So the Association leases the site, and the individual plotholders then become sublessees. That could become complicated.

[Unwashed]

So the Association leases the site, and the individual plotholders then become sublessees. That could become complicated.

Isn't this the usual deal for fully devolved management?  If I understand the situation right, this is already what's happening - when David says plot I take it he means site.

Am I right in thinking that "the Secretary" is one of the allotmenteers.  Do you pay your plot rents to her?

I'd suggest that the Secretary already holds the lease for the whole site, and if there isn't a formal agreement the council have almost no chance of forcing her to give up the lease, so unless the council want to offer you a significant incentive to change the current arrangement you could just decline their offer.

They're asking you to form an association because it's very unusual for the council to let the whole site to a private individual for them to manage personally.  With an unincorporated association - the simplest kind - the lease will still be owned personally by members of the association, but on trust, and the named trustees can change as people come and go.  An association is also a little more democratic than a single site manager, but by no means a better option for a small site.

Six plots is a very small site, I'd be surprised if self-management was a sustainable option.

[DavidW]

Unwashed,
Thanks again for the responses, my understanding so far is that the site has been used for many years as allotments, where a tenancy agreement was sign by 2 of the allotmeters. One of these people was the father in law of the present Secretary. When he left, The present Secretary had the tenancy altered to include his name , this was done back in 1968. This Secretary has been paying a very small peppercorn rent ever since, and people have come and gone over the years. Due to the fact that the rent is so small, he does not bother to ask the other 5 plot Holder's to contribute. The council attended the site last week, after a neighbours complaint of a fire. At this meeting the council officer who works in the Estates Department, stated that we should renew the tenancy agreement, which should be signed by people who presently run the plots.

Thanks
David  ;)

[Mr Smith]

This is what our council want us to do if and when our association is formed by taking over the day to day running of the allotments by doing this then we can start to put bids in for grants, looking at the National allotment associations web site liability insurance can be obtained for a minimum of £20.00 or £2.00 per member, :)