Topic: new clause in agreement

[persecuted unlimited]

Just got our new tenency argreement through and a new clause has been added, does anyone else have this clause in their agreement?

The tenant must notify in writing prior to the commencement of this agreement the names and addresses of any third parties who will be supporting the tenant in cultivating the allotment stating the reason for this, their relationship to the tenant and the estimated number of days they will be spending doing this. if during 2012'13 the tenant wishes to engage any new third parties to support their work on the allotment then this must also be approved by the council first through the process described here. One off visitors will be permitted on the plot and wider alloment garden, withthe permission of the joint tenants without the need to fulfill this obligation.

[Crystalmoon]

Hi there I just found out that we aren't allowed to grow anything that lasts more than one season anymore  ::) the council have renamed our small allotment site as Leisure plots! I only found out because my raspberries are ancient & need replacing & I mentioned it to one of the new plot holders - they are giving up their new half plot as they have been told no strawberries, raspberries, rhubarb etc allowed to be planted.
Madness! xJane

[persecuted unlimited]

thats terrible, most plots have straws on them ??? its hard to believe someone sits and thinks up these stupid rules

[elvis2003]

both of these rules are total b""""""s and you have my sympathy, can anything be done to overule them?

[Sparkly]

I am no legal expert, but I am pretty sure that the first one is out of order. You can have whoever you want on your plot, although you may be responsible for their behaviour to some degree. A bit like if a landlord says someone can't have people stay at the house. It's none of their business as long as they are not living there. I would guess it is the same for the allotment as long as they are not totally cultivating it for you ie you are sub-letting?

[davyw1]

Durham CC and i think most councils are going the same way in handing the running of allotments over to the Sports and Leasure Dept but what they did was to have a 12 week consultation period with existing tenents.
There view on point one is
In order to resolve disputes when a tenent dies, breaks the rules or becomes infirm and no longer cultivate their plot, priority will be given to those that have registered as coworkers.

The rule is to cover themselves and any self governing site as a co-worker has to sign an agreement countersigned by the tenent and sent to the council so co-workers may attend the plot on there own and they are obliged to abide by the allotment rules so any breach of the rules will result in review of tenancy. The tenent therefor is responsible for the co-workers actions at all times and both would have to vacate the plot if the tenency was terminated.

Point 2 It appears that they have gone to the letter of the law. An allotment is for the growing of vegetables for themselves and their families

Durham C C. Use of Land
That the allotment can only be used for the growing of crops and associated recriational activities

Their Rule
Plot holders may grow any kind of veg, flowers, soft fruit, herbs and any longer growing crops. fruit trees or bushes may be planted only if they are of dwarf stock and does not obstruct or is a nusience to others as they grow. Only 30% of the plot may be used for fruit trees and so on but one point they make is if you do grow fruit trees it is the tenents duty to protect the trees from wildlife

A very common sense aproach i think

[Crystalmoon]

Hi everyone, well I was already considering giving up my plot due to moving a 2 mile walk away & not being a driver, having severe arthritis in my knees, no toilets at the site, the awful growing season this year, constant break ins etc etc but the final straw was the stupid new rules about what we can grow  :'(
After my fruits have been harvested this year I will be handing back my keys.
I'm moving 13 raised beds (thank god I bought plastic easy to reassemble ones)to my tiny back garden at my new flat. The blueberries, red currants & new (this is 2nd year) strawberries will be coming with me.
The ancient gooseberries, black currants & raspberries will stay at the plot & I will probably have to kill them/remove them before I leave along with the artichokes (both varieties) & even the comfrey!!!!
I'm very sad to be leaving my allotment but it has just become way too stressful.
I will be experimenting with square foot gardening once I've got the raised beds up at my flat & managed to get them filled. x Jane