six month starter tenancy ideas

[RenishawPhil]

Hi Guys

Currently on an allotment committee and we have the AGM coming up next month....

Now ive seen people on here mention six month starter tenancies and would like some more information on this, how has it worked?,  what kind of wording should i be looking at proposing?

i meant to look at sorting this earlier but just havent got round to it

I have included our tennancy agreement below:

The tenancy subject to the following stipulations.

The rent shall be paid on the 1st April each year.
The tenant shall use the said premises for the purpose of an allotment only.
The tenant shall comply with the rules and regulations made from time to time by the landlords under the allotments acts of 1908 to 1950, or any statutory amendments or modifications thereof and such rules and regulations of which those in force at the date hereof, as set out in the schedule hereto shall be incorporated in this tenancy.
The landlords reserve themselves, their officers, and persons authorised by them, the right to enter at all reasonable times upon the said premises, to examine the state and condition thereof or for any other reasonable cause.
The tenant shall not underlet assign or part with the possession of the said premises, or any part thereof without first signing a memorandum of transfer as authorised by the landlords at the office of the association.
Upon termination of this tenancy, the tenant shall deliver to the landlords the demised premises in a proper state of cultivation.
If the reserved rent shall at any time after becoming due, or if any of the foregoing stipulations on the tenant's part shall not be performed or observed. Or if the tenant shall become bankrupt or make any composition with his / her creditors, it shall be lawful for the landlords any time thereafter to enter and take possession of the premises, and this tenancy shall be absolutely determinate.
If and when the said premises are required for any of the purposes named in paragraph b. c or d of subsection of section 1 of the following allotment act of 1922, the landlords may after three months previous notice in writing to the tenant take possession of the said premises and thereupon this tenancy shall be absolutely determined.
Any notice may be served on the tenant, either personally, by leaving it at his / her last know address, by registered letter or by fixing the same in some conspicuous manner on the said premises.
Upon the termination of this tenancy, whether by notice to quit or re-entry, the provisions of the allotments act of 1908 to 1950, or modification thereof with the regard to the payment of any compensation by the landlords or by the tenant in an appropriate case, or in the right of set off shall apply.
The Schedule Referred to:

Tenants desirous of transferring their gardens, must attend the committee site office with the new proposed tenant and produce their last rent receipt.
No caravans or mobile homes of any kind whatsoever shall be used as allotment sheds or buildings or be associated with any part of allotment gardens. On car parks, in avenues or any other part of Old Park Farm G.H.A land, (within it's perimeters).
All gates belonging to gardens must have padlocks fitted and correct numbers fitted for identification purposes.
No livestock of any kind shall be kept in any allotment.
Dogs must be kept under control at all times.
(A) All manure or such loads brought into any avenue must be removed into the garden within 24 hours. (B) No manure or such like loads of any kind whatsoever shall be placed or deposited in any garden so as to cause annoyance. (C) All vehicles are to be parked on the car parks provided, and not in the avenues unless loading or unloading.
All garden holders or persons entering the allotment site or part thereof, whether it be avenue, car park or garden, by foot, vehicle or any other means, do so at their own risk.  The association and its officers can take no responsibility for any loss damage or injury of any kind whatsoever.
(A) All hedges shall be properly and seasonally cut by the tenant and maintained in good condition. No hedging shall be removed. Hedges with be kept to a maximum height of 5 feet and 2 feet width.  Minimum height will be 4 feet.  (B) Should any tenant erect a fence next to his/hers avenue, such a fence shall be maintained and kept in good condition by the tenant at their own expense.  (C) All summerhouses, greenhouses tool sheds or other buildings shall be set at 4 feet from adjoining boundaries.  (D) It is the tenants responsibility to keep that part of the avenue adjacent to the said or numbered garden in this agreement, tidy, clean and weed free at all times.  (E) All gardens shall at all times be kept in a proper state of cultivation.  Gardeners not keeping their allotments in a good state of cultivation will nopt be invited to re-lease the said allotment the following year.
Hose pipes are not to be left unattended when connected to the tap, are not to be used if leaking and are not to be used for any other purpose than for garden use.
Garden fires are permitted on the second Sunday of every month and also bonfire week.  Fire dates will be displayed on the notice boards.  Under no consideration will burning of plastics, rubber or any other material not associated with garden refuse be allowed.  The council have a key to the gates, and can enter at any time.  Gardeners should be aware that they could face prosecution and risk having their tenancy terminated should they disregard this warning.  Pollution will not be tolerated under and circumstances.
No building shall be used as a residence, garage, pig sty, poultry house, pigeon coot or for any other similar purpose nor as a place of public resort or entertainment.
Under no circumstances will theft be allowed, either from garden holders, the association or gardens waiting to be let.  An instant notice to quit will be issued to anyone contravening this regulation.  There will be no right of appeal.
Main gate keys must be returned to the secretary upon vacating an allotment by notice to quit or for any other reason.  If the main gate key is not returned to the secretary within 28 days of vacating the allotment, the deposit will be retained by the association. Main gate keys are the property of the association at all times and legal action could be taken for their recovery.
Tenants not complying with these rules and regulations shall be given notice of intention, with 14 days to comply.  Failure to do so will result in the issue of a notice to quit being issued.  28 days will be allowed to remove any belongings.  Any temporary buildings or contents left after 28 days shall become the property of the association and will be disposed of as they see fit.
Tenants notified under rule 14 have the right to appeal.

[RenishawPhil]

[goodlife]

Code Select Expand

No livestock of any kind shall be kept in any allotment.

There is nothing stopping you putting this in your rules...but under 'allotment act 1950' it states that with rabbits and chickens there was amend to abolish restrictions!

only claw for not allowing for this to happen is stated as "provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment"

Now any other 'animal types' you can exclude from allotment use...even bees are classified as 'livestock'.

[RenishawPhil]

Sorry good life i meant to say what is above is our current tennancy agreement, so i am looking at putting a six month wording in, and looking at the best wording to use

I agree about chickens etc

[sparrow]

We use cultivation rates, rather than starter tenancies. 50% minimum cultivation in first year, 75% minimum cultivation every subsequent year, plot inspections by Committee twice per year in late May(ish) and September. This allows for the 3 month notice of concern to be served in late May and for sterner measures to start in September if reasonable improvement isn't seen.

[kt.]

Our site has 3 month probation periods during which time they need to clear the 1/2 plot as we no longer issue full plots due to waiting lists.  It is not expected to be immaculate but tenants are expected to show good progress at least having the plot cleared and if the plot was cleared on allocation then it would be expected to be cultivated,  or maintained throughout the autumn winter period if this is when it was allocated. Sometimes nothing has been done from issuing the key to the 90 day point then the probationary tenant is informed of the tenancy not being renewed and it is re-allocated on day 91.  This has happened 3-4 times over the past 5 years.  Most get stuck in immediately.  All plotholders are verbally informed on allocation and it is written in the rules, that they may return  the allotment at any time should they decide it is no longer for them.  This happens too. 

[squeezyjohn]

Wow!  I'm very glad I'm not on an allotment with those kinds of strong restrictions ... do the cultivation rates apply equally if someone takes over a well-kept plot or a complete jungle of weeds and brambles?

Mine was waist high with perennials and had massive sections of old carpet covered in an inch of soil and a tangle of weeds that was physically challenging to remove.

I got about 20% of it in to cultivation in my first year and now in my third I'm approaching 100% ... and it's been a massive job.   I'm pretty sure that as someone who works that I would have had to give up the plot under some of the rules I'm seeing in this thread.

[Alipip]

On our site we are only offered half plots to begin with - then can move onto full plots if available once we have successfully shown we can work the plot.
We don't have six month tenancy rules, but we do have a 3 warning and you are out rule. If you get a letter, you have 6 weeks to show improvement, if it is not done you get another letter with a final warning and a further 6 weeks, if still not done you get the third and final letter giving you notice. This has rarely happened on our site, usually after a first letter the tenants either do the work, or admit it is too much. The committee are always ready to give a helping hand if there is a problem due to health or something like that, but mostly it isn't needed.
I do however think a six month starter tenancy is a good idea. People see the programs on allotmenting/gardening and think it is easy, don't realise just how much it involves.

[sparrow]

Wow!  I'm very glad I'm not on an allotment with those kinds of strong restrictions ... do the cultivation rates apply equally if someone takes over a well-kept plot or a complete jungle of weeds and brambles?

Not on our site, and not if the Committee can see that you've put in effort. Our rules are there to stop people taking the mick, and by and large they work well. We only have half plots, so it's not as huge a task to get 50% cultivated by the end of the first year. I work too and it's not been hard.