ASHBY De La ZOUCH TOWN COUNCIL
ALLOTMENT ACTS 1908 TO 1950
RULES AS TO ALLOTMENT GARDENS
To keep us safe !
Rule 1. INTERPRETATION OF TERMS
Throughout these rules the expression ‘the Council’ means the Ashby de la Zouch Town Council and includes any committee of the Council or any allotment managers appointed by the Council under the Allotments Acts 1908 to 1950.
Rule 2. DEFINITION OF THE PERSONS ELIGIBLE TO BE TENANTS OF THE ALLOTMENTS
Any man or woman, who at the time of application to the Council for an allotment garden, is a resident in the parish shall be eligible to become a tenant of an allotment garden subject to the statutory provision that one person shall not hold allotments acquired under the above mentioned Acts exceeding 5 acres.
Rule 3. DIVISION OF THE LAND INTO ALLOTMENT GARDENS
The Council, before giving notice of their intention to let any land for allotment gardens, shall divide the land, and shall cause a plan to be prepared showing each allotment garden, and distinguishing it by a separate number. [See the latest Allotment Plan HERE]
Rule 4. AGREEMENTS FOR LETTING ALLOTMENT GARDENS
An agreement to let an allotment garden to an applicant may be signed by the clerk to the Council on behalf of the Council
Rule 5. GENERAL CONDITIONS UNDER WHICH THE ALLOTMENT GARDENS ARE TO BE CULTIVATED
The tenant of an allotment garden shall comply with the following conditions :
5.1 Shall keep the allotment garden clean and in a good state of cultivation and fertility and in good condition.
5.2 Shall not cause any nuisance or annoyance to the occupier of any other allotment garden, or obstruct any path set out by the Council for the use of the occupiers of the allotment gardens.
5.3 Shall not underlet, assign, or part with the possession of the allotment garden or any part of it, without the written consent of the Council.
5.4 Shall not, without the written consent of the Council, cut or prune any timber or other trees, or take , sell, or carry away any mineral, gravel, sand or clay.
5.5 Shall keep every hedge that forms part of the allotment garden properly cut and trimmed, keep all ditches properly cleansed, and maintain and keep in repair any other fences and any gates on the allotment garden.
5.6 Shall not without the written consent of the Council, erect any building on the allotment garden, provided that consent shall not be refused under this sub-paragraph to the erection of any building reasonably necessary for the purpose of keeping hens or rabbits.
5.7 Shall not use barbed wire for a fence adjoining any path set out by the Council for the use of the occupiers of the allotment gardens.
5.8 Shall, as regards the allotment garden, observe and perform all conditions and covenants in the lease (if any) under which the Council hold the land.
5.9 Shall observe and perform any other special condition which the Council consider necessary to preserve the allotment garden from deterioration, and of which notice to applicants for the allotment garden is given in accordance with the rules, provided that no special condition made under this paragraph shall have the effect of prohibiting or restricting the keeping of hens or rabbits.
Rule 6. PAYMENT OF RENT
The rent of an allotment garden shall, unless otherwise agreed in writing, be paid yearly no later than the first day of April in each year.
Rule 7. POWER TO INSPECT ALLOTMENT GARDENS
Any member or officer of the Council shall be entitled at any time when directed by the Council to enter and inspect any allotment garden.
Rule 8. TERMINATION OF A TENANCY OF AN ALLOTMENT GARDEN
The tenancy of an allotment garden shall, unless otherwise agreed in writing, terminate on the yearly rent day next or after the death of the tenant, and shall also terminate whenever the tenancy or right of occupation of the council terminates.
It may also be terminated by the Council by re-entry after one months notice if:
8.1 The rent is in arrears for not less than 40 days.
8.2 The tenant is not duly observing the rules affecting the allotment garden, or any other term or condition of his tenancy, or if the tenant becomes bankrupt or compounds with his creditors.
The tenancy may also be terminated by the Council or tenant by twelve months notice in writing expiring on or before 6th April or on or after 29th September in any year.
Rule 9. EXEMPTION OF CERTAIN LETTINGS FROM THESE RULES
hese rules shall not apply to any land let to an association, or to any allotment garden which the Council, under special circumstances, to be recorded in their minutes, may exempt from these rules, but shall apply, except as aforesaid, to an allotment garden though held under a tenancy made before these rules come into operation, but not so as to affect any right to compensation for an improvement executed before these rules come into operation.