Date: 12th April 2021
These rules are intended to support the allotment plot holder understand the requirements as a plot holder and to which the committee will refer to should there be dispute or eviction required. It is further intended that pre-existing arrangements to these rules will not be affected until a structure is replaced or a new tenant takes over with the exception of dangerous items, products or structures. The decision of the Committee will be binding in areas of dispute.
These rules were voted in at the Allotment Association AGM 19th August 2021
(a) An allotment Tenancy Agreement Form must be completed, signed and submitted via the Steward to the Secretary and Treasurer of the allotments
(b) The Stewards will maintain waiting lists and will offer available plots to the first person on the list based on what has been requested or the next available size.
Applicants may remain on the list until the prescribed size of plot has been offered however, if a valid offer is refused due to personal circumstances, applicants will be moved to the end of the waiting list or in exceptional circumstances be removed
(c) Allotment tenancies will only be granted to residents, 18 years or over who reside within the County and District of South Gloucestershire. Individuals who live outside or move outside this area shall not be entitled to retain an allotment tenancy and Staple Hill & District Allotments Ltd shall be entitled to require that any such tenancy be brought to an end in accordance with the termination provisions herein. Existing tenants residing outside of the County and District of South Gloucestershire as at Dec 2020 will be allowed to continue but no further tenancies outside of the area will be agreed from 1st Jan 2021.
(d) The Stewards reserve the right to inspect any allotment site without giving prior notice to ensure that allotment plots are being managed in accordance with these rules.
(e) All tenants are required to sign the Tenancy Agreement Form annexed with rules and terms and conditions to lease an allotment plot and they shall agree to adhere to these rules and any that may pertain to the particular allotment site and/or any Regulations. The plot will not be made available until this form is signed and payment has been received.
(f) The tenant shall ensure that any change of address or contact details are notified as soon as reasonably practicable to the Secretary at ssallotmentsecretaries@gmail.com or appropriate Steward. Staple Hill & District Allotment Allotments Ltd shall not be held responsible for any losses resulting from a failure by a tenant to provide information.
(g) Should an existing tenant wish to increase the size of his/her allotment plot he/she shall submit a new application form to the Secretary directly or via the Steward and will be added to the end of the waiting list of applicants wishing to let an allotment tenancy managed by the Steward.
(h) Any applicant who accepts a smaller allotment plot than originally requested will be removed from the waiting list. Should the tenant wish a larger plot at a later date, a new application must be submitted to join the waiting list.
(i) Where a person (or joint applicant) who has had an allotment tenancy previously terminated by the Association makes an application for an allotment tenancy it shall be considered taking into account the circumstances of the previous termination and any Regulation that may apply at that time.
(j) A tenant shall not sub-let or share occupation of any part of his/her allotment plot with any other person unless they are an Affiliate Member or Member
(k) If an allotment tenancy is terminated, there will be no refund made other than for the refundable deposit dependent upon the condition of the plot and the decision of the Steward will be final in this respect. Compensation will not be given for any crops, structures or personal items if not taken by the plot holder at the time of vacating.
(l) The first named person on joint applications shall be considered the lead applicant. Should the lead applicant withdraw, the second named applicant will remain on the waiting list unless advised in writing that both wish to withdraw. Further applicants cannot be added and second named applicants will remain on the list as a single applicant.
(a) For Soundwell the annual allotment rent (Including water charges) will be due on Ist September each year. For Downend the annual allotment rent (Including water charges) will be due on Ist October each year. The annual rent and water charges shall be set by the Treasurer at the AGM and agreed by the Membership and will cover the following year only.
(b) The Association shall consider any rent and water charges not paid in full within 30 days of the date due as an indication that the tenant of that allotment plot wishes to give up the allotment tenancy. Whilst every effort will be made to collect payment should the rent be outstanding 14 days after the 30 days the Association shall be entitled to enter upon the allotment plot and remove all items and building or erections and make the allotment plot available for re-letting to another person
(c) Changes to circumstances that affect your ability to pay, must be advised in writing to the Treasurer on ssallotmentfinance@gmail. The Association will review specific circumstances and offer support and guidance.
(d) Annual rental and any other charges that may be payable are subject to annual review and Tenants will be notified of any increase in advance. To cover costs, charges will be based on a rate per perch.
(e) A tenant shall notify the Steward of any lost / stolen keys. Replacement keys are chargeable and shall not be issued to a tenant until paid in full.
(f) Concessions (where available) are only applicable to the lead applicant. Lead applicants shall only be changed where written proof is provided that the lead applicant is deceased or permanently infirm.
(g) Existing Affiliate members will be required to register with the Secretary and agree to abide by the rules of the allotment by signing an Affiliate agreement. This class of member will not be entitled to vote or receive documentation which will be sent to the main tenant. There will be a nominal fee charged on an ongoing basis as set by the Treasurer for new Affiliate Members although existing helpers who become Affiliate Members at the time of the AGM 2021 will not be required to pay a fee. The affiliate member will have the opportunity to apply for the tenancy of the plot should the main potholder vacate.
(h) Where the tenant dies whilst still renting a plot his/ her plot must be offered to any member of the Tenant’s family who wish to take over the allotment plot if they are associate members. Family would include spouse, partner or children/grandchildren over the age of 18. If the family are not associate members there is a right to appeal to the committee where it can be shown a long-term family involvement. The decision of the committee will be final
(a) All tenants shall be responsible for keeping their allotment plots in a clean and tidy condition at all times of year to the standard outlined in the rules and regulations at the Associations discretion. Allotment sites will be regularly inspected by the Stewards at any time throughout the year
(b) An allotment plot must be used for the sole purpose of growing vegetables, fruit, flowers and other produce and tenants may not sell commercially such produce grown (other than for charitable purposes). At least 75% of individual allotment plots should be used for growing purposes.
(c) All tenants shall be responsible for ensuring that weed growth is controlled and their allotment plots are cultivated by the end of April prior to the growing season all to a standard outlined in the rules and regulations at the Associations discretion, e.g.the allotment plot should either be: well underway in the process of being prepared for crops; in readiness for growing; or be well stocked with growing produce and seed heads should be removed before they set and pernicious weeds such as couch grass, ground elder, brambles or mares tail must be controlled.
(d) A tenant shall be responsible for keeping the boundaries and paths adjacent to his/her allotment plot in a clean and tidy condition. Where a path is adjacent to two allotment plots, the respective tenants shall come to an agreement as to how it is to be kept clear of weeds and any obstructions failing which the Association shall direct the tenants as to how this is to be done.
(e) The prior written consent of the Association shall be obtained by a tenant regarding the location and size of any buildings to be erected within his/her allotment plot, which consent will not be unreasonably withheld if the proposals do not unduly shade adjacent allotment plots or take up more than 25% of the said plot. The Association will be entitled to ask for whatever information it considers necessary in order to reach a decision as to whether such consent is to be given.
(f) A tenant shall not plant trees on the allotment plot, with the exception of fruit trees which must be maintained within the allotment plot and be M27 dwarf stock and which shall not grow into or cause shade to be cast on neighbouring allotment plots and is 3 feet away from any path/ boundary. Fruit bushes are permitted to be grown.
(g) A tenant shall be responsible for ensuring that appropriate pest and disease control is carried out on the allotment plot.
(h) A tenant must not allow his/her allotment plot to be used for the storage of glass, carpet, timber, sinks, baths, vehicle tyres, refuse or any other material deemed unsuitable by the Association
(i) A tenant shall not do anything to adversely affect other allotment plots, including, but not limited to, spray damage, fertiliser run off, spreading/seeding weeds or any other activity that may cause damage and/or nuisance. No banned pesticides or substances are to be used and it is the plot holder’s responsibility to keep up to date with the laws in this respect.
(j) Crops, structures, etc on individual allotment plots are the responsibility of the tenant and the Council and/or Association shall not be liable for any incidents that take place and/or damage occurring to said items save where such incidents and/or damage are as a result of the actions of their employees or authorised representatives.
(k) Tenants are encouraged to practice good housekeeping and sustainable practices e.g. composting green waste on the allotment plot, the use of water butts for collecting water and responsible disposal of waste material.
(l) Where waste disposal facilities are provided, this is strictly for recyclable green garden waste only. Tenants are responsible for the removal of all other waste lawfully from their allotment plot by the following methods:
(m) Small scale burning is permitted between 1st November and 31ST March on a Tuesday, Thursday or Saturday from sunrise to sunset as agreed with South Glos Council however must be controlled and must not compromise adjacent allotment plots. Carpets, plastics, rubber and foam are not permitted to be burnt. Bonfires must not be left unattended and must be put out before leaving the site. Failure to adhere to this will be seen as a disciplinary event
(n) To increase sustainability and keep charges manageable, tenants are encouraged to harvest water within their allotment plots to supplement mains water provision where provided. It is not permitted to install additional water taps.
(o) Hosepipes are not permitted
(p) The plot holder should clearly display his/ her number (q) Ponds are not permitted under any circumstances
(r) It is not permitted to use the water troughs for the cleaning of tools, washing or hands or cleaning produce. A warning will be issued to any plot holder observed doing this.
(s) For a trial period of 1 year from 19th August 2021 Plot holders will be able, during quiet times only, to fill their allotment water butts from the troughs using watering cans to ferry the water to their plots. Wheel barrows full of water must not be used to empty water onto the plot and hosepipes are forbidden
(t) Tyres are not permitted to be brought on to the Allotments
(a) No glass greenhouses are permitted. Polytunnel or a non-glass greenhouse may be erected on an allotment plot by a tenant with the prior consent from the Steward or Committee who can advise, if required, of a suitable location to minimise or eradicate shading to other allotment plots. Only one of these structures to be on any plot:
The maximum size for a Non glass greenhouse is 12ft x8ft The maximum size for a Polytunnel is 4m length x 2m width
Caravans are not permitted on any allotment site.
(b) Prior to the erection of a shed or other building / structure, the tenant shall provide construction details to the Stewards and if necessary, Committee, for approval. Details shall include: type of structure; size of structure; height of structure; building materials; location on allotment plot (in order that it shall not result in any adverse effect on neighbouring allotment plots) and any other information considered necessary. No garden shed should be erected which has dimensions greater than 6 feet by 8 feet and seven and a half feet tall. They should also be erected at least two metres away from the boundary of the allotment sites
(c) Tenants are solely responsible for the safety and maintenance of any structure but boundary fences are the responsibility of the Steward. Tenants are not permitted to plant boundary hedges.
(d) When any structure is to be demolished the tenant shall ensure that all waste materials are removed from the allotment plot and allotment site and disposed of lawfully.
(e) No more than 25% of an allotment plot shall be used for non-growing structures such as sheds, seating, and storage.
(f) Plot holders are responsible for the removal of any structures as requested by the Association following the end of a lease. Failure to do so may result in charges being levied to cover the cost of any costs incurred and non-refund of the deposit.
(a) Dogs are allowed on allotment sites. The tenant shall be responsible for keeping or, if not the owner, ensuring that the dogs are kept under control at all times and that they are kept on a lead.
(b) Tenants who bring their dogs on to or permit a visitor to bring dogs on to an allotment site are responsible for the safe disposal of any dog waste and for any damage that be caused by said dogs.
(c) Tenants shall not kennel animals/poultry overnight nor permit the same on any part of an allotment site.
(d) Tenants who wished to keep bees at the allotment site must first apply to the Committee in writing with all necessary permissions included and the final decision of the Committee will be binding
(a) All Tenants share responsibility for the security of an allotment site at all times and shall enter and leave the allotment site only through the authorised boundary gates. Children must be supervised by an appropriate adult at all times and remain on the supervising adults plot.
(b) Each of the boundary gates of an allotment shall be padlocked and tenants shall lock these at all times on entering and leaving. Each tenant shall ensure that keys are retained securely.
(c) The key to the allotment site remains the property of the Association and is issued to a tenant strictly for the purposes of access to and egress from an allotment site and is not transferable to any other person. There will be a small cost for the key
(d) Each new tenant shall be required to pay a sum of £30.00 (or such other sum as set by the Association) for the deposit to the allotment site which is refundable to the tenant on the termination of the allotment tenancy and return of the key provided there are no costs relating to work needed to re let the plot and it is left in an acceptable condition as confirmed by the Steward
(e) A tenant is responsible for the security of any greenhouse, shed, property etc, on his/her allotment plot.
(f) Each tenant shall not enter an un-let allotment plot or one let to another person or remove any item or materials from said allotment plots.
(g) Issues relating to general site maintenance on the allotments must be reported to the Stewards initially.
(a) The Secretary, Chairperson and Lead Steward shall be entitled to carry out general inspections (at their discretion) of all allotment plots. The purpose of these inspections will be to assess whether sufficient progress is being made to reach and maintain the agreed cultivation and maintenance standards, as well as noting any non-conformance of rules and regulations.
(b) Tenants who fail to meet the required standards will receive a first verbal warning advising that issues must be rectified within 14 days. If the issue is not rectified a formal warning will be issued by the Association by durable communication to the tenant giving him/her 14 days to rectify the matter. Failure to rectify the matter to the satisfaction of the Association will result in a final warning and 7 days after the allotment tenancy being terminated in accordance with these rules.
(c) The tenant will be notified in writing to vacate their allotment plot and return their key(s) to the Steward.
(d) The tenant is responsible for any remediation work or waste disposal and the costs thereof required to be undertaken by the Association.
(e) Any tenant who has been issued with a previous warning in a 12-month rolling period will immediately be issued with a final warning on the second occasion.
(f) Any tenant who has been issued with two prior warnings within a 12-month rolling period will automatically have their allotment tenancy terminated on the third occasion within this period
(g) Issues relating to a Tenant’s gross misconduct such as theft or inappropriate behaviour will be referred to the Committee. In such circumstances, and the allegations are proved, the Association reserves the right to terminate the allotment tenancy.
(h) In the event of any dispute regarding the interpretation of these rules, the matter shall be referred to the Committee.
(I) The right of appeal will exist on gross misconduct to the Chairperson who will consider the appeal and if appropriate will arrange an appeal meeting at which the plot holder may submit a written appeal and attend an appeal meeting. The appeal meeting will be comprised of members of the Committee and potholders selected at random. The appeal will be run by the Chairperson
(j) Notice served by the Association on the Tenant may be left on the plot or emailed, sent to the Tenants address or served on the Tenant personally
(a)A tenant member breaking the rules on their agreement, namely (not to cause any nuisance or annoyance to the occupier of any other plot or obstruct any path for the use of the occupiers of any other plot(s) or upon receiving any other complaint against a tenant member, the committee reserve the right to go through the disciplinary procedure. If the tenant member feels they have a grievance with the Association the tenant member has a right to have the matter dealt with in a reasonable manner.
Each case will be dealt with on its own merits.
(b) The Association believes that every tenant member should be treated with dignity and respect whilst at the allotments and not contravene the guidelines of the Equality and Diversity Policy – please see attached document.
(c) Bullying and harassment of any kind are in no-one’s interest and should not be tolerated, but if you are being bullied or harassed it can be difficult to know what to do about it – so please follow our complaints procedure above.
(d) A variety of interventions will be used.
Depending upon the seriousness of the problem one or more stages of intervention could be bypassed. The tenant member will be informed of which stages if any have been bypassed.
(e) The tenant and the committee should be given the opportunity to talk things through.
(f) The tenant member should be informed of allegations against them, including evidence which should be provided in advance of the meeting.
(g) The tenant member should have right to appeal.
(h) The disciplinary committee should consist of three committee members; the chair (or Deputy) would normally be the Chairman, unless a conflict of interest is declared.
(i) The Appeal Committee should be wherever possible comprised of three different members of the committee to those who formed the Formal Disciplinary Committee Hearing and chaired by the Chairman (or Deputy). Where the tenant member wishes the chair to be another committee member this is acceptable.
In the case of eviction, the tenant should be given up to 1 month to remove all items, unless otherwise decided by the committee and arrangement for supervised collection made.
It is hoped that in the first instance an attempt at informal conciliation facilitated by an independent committee member subject to the severity of the complaint
(a) Where a person wants to make a more formal complaint to the allotment Association, or the committee member feels that this would be more appropriate, then follow the process set out
(b) The complaints process may be modified at the Association’s discretion to fit the circumstances of an individual case.
(c) Any proposed modification of the procedures set out below will be explained and discussed with the complainant by the Secretary or Lead Steward before the process begins.
(d) The complainant may use another member to help in dealing with the complaints process if the complainant feels unable to do so by themselves.
(a) A complaint must be received as soon as possible after the event or the issue being complained about has occurred. Complaints received more than three months after the event complained of will not be proceeded with unless evidence of exceptional circumstances, such as an extended period of ill-health, is provided
(b) The complaint should be in writing (email is acceptable) giving the following information. (i) Name with postal address, telephone number and e-mail address if available.
(ii) Full details of the matter subject of the complaint. It is important to set out all details with names, dates, places, etc., allowing someone who knows nothing about the issue to easily grasp the problem and understand the essence of the complaint.
Where deemed relevant a sequence of events with dates, sketches and/or photos and measurements relevant to the complaint should be provided.
Where possible the names and contact details of any witnesses who are prepared to provide evidence relating to the complaint should be provided.
(c) If the complainant or whoever is helping the complainant is not able write the complaint down, the person(s) considering the complaint may provide for the benefit of the complainant, a summary of the account provided and read it to them verbally to check that they understand it and it is correct. The person(s) considering the complaint may contact the complainant for further information.
(d) When the complaint is received by the Association the complainant will be told in writing who will consider the complaint and approximately when the complainant may expect to hear the result of that consideration.
(e) When the person(s) or considering the complaint has made a decision, they will inform the complainant in writing of the decision.
(a) If a complainant is dissatisfied with the Stage 1 decision about their complaint, the complainant may ask the Association to review it. Such a request must be in writing (if the complainant is unable to write the request, the complainant may arrange for someone to do so on their behalf). The complainant seeking a review must give reasons for the request, and it must be made within two weeks of the complainant being informed of the Association’s Stage One decision, unless the complainant produces evidence of exceptional circumstances preventing the complainant from meeting the required timeline. The Association reserves the right to disallow a request for a review if the complainant is unable to provide anything new or material to add to the original complaint.
(b) The complainant will be advised who will review the Stage One decision and approximately when the complainant may expect to hear the result of the review. The person(s) conducting the review will not have been involved in considering the complaint previously (Stage One) being an independent person(s).
(a) Should there be a specific complaint against an officer of the association it should be put in writing to the Secretary who will then forward it to the Chairperson. The Chairperson reads the complaint and if necessary, will hold a committee meeting to discuss, vote. If the Chairperson does not deem it necessary to involve the Committee the Chairperson may deal with this and must advise the Committee of the action taken. All parties to the complaint must be given the opportunity to present / defend their position.
These rules are made to help ensure that every tenant gets the best results and enjoyment from his/her allotment plot. It is in the tenant’s interests to ensure that these are adhered to.
For information and assistance, tenants are encouraged to join the Facebook page and to visit the Website and seek advice/guidance from other professional gardening bodies where appropriate.
In the event of longer-term holidays or illness, please notify the Stewards or management committee in advance as there may be someone willing to tend your allotment plot in your absence. If you are unable to cultivate your allotment in accordance with the rules because of illness or personal difficulties, the Association will, where possible take personal situations into account. However, we are obliged to ensure that plots are being managed appropriately for the sake of neighbouring plot holders or those on the waiting list and any action can only be deferred for up to one calendar month to ensure that allotment plots do not fall into a poor state or have a detrimental impact on neighbouring plots. It is a tenant’s responsibility to seek assistance to keep an allotment plot in an acceptable condition otherwise there is a risk of having the tenancy agreement terminated.
Any enquiries, termination notices, change of address/contact details or alteration requests to be sent to the Secretary at SSALLOTMENTSECRETARIES@GMAIL.COM or advised to the respective Steward to pass on.