The Tenancy Agreement sets out the rules for use of the site and membership of the association.

2. AGREEMENT TO LET

BAAHA Ltd. agrees to let and the Tenant agrees to take a yearly tenancy of the above numbered Plot located on Bramfield Avenue allotments site from 1 April 2026 at a yearly land rent of £15 per 100 square yards (83.5 sq metres) and £15 for each existing building (shed and/or greenhouse owned by BAAHA Ltd.), payable in total on the first day of April in each year and at a proportionate rent for any part of a year over which the tenancy may extend, on the following terms and conditions.

3. TERMS AND CONDITIONS

• The Tenant agrees with BAAHA Ltd. to observe and perform the conditions and obligations set out below:

3.1 Rent
To pay the rent hereby reserved in advance and without deduction on the first day of April in each year. For the avoidance of any doubt no part of the rent will be refundable if the tenancy is terminated at any time prior to the first day of April in any year in accordance with clause 4 of this agreement.

3.1.1 The Tenant shall be given 12 months’ notice of any increase in rent or other fees that have been agreed at an Annual General Meeting (AGM) or Special General Meeting (SGM).

3.2 Other Charges
BAAHA Ltd charges an annual membership fee of £20 in order to keep the site and its assets in good condition. £1.00 of this fee is the member’s share in the Cooperative Society.

3.2.1 A deposit of £20 is required for the key to the site gates and the communal shed. The deposit is returned on the return of the key when the Tenant leaves provided the plot is left in a clean and tidy state.

3.3 New Members
When a plot becomes vacant the Secretary will inspect the plot and assess the need for any work required before letting to a new tenant.

3.3.1 If a new member selects the vacant plot, the Secretary will advise them of the land rent and fees that are due, provide them with a Tenancy Agreement to read and sign and explain how to transfer payment from their account to BAAHA Ltd’s account. Once payment has been received and the Tenancy Agreement signed and returned, the Secretary will provide the new member with a key. If the tenancy commences after 1st April the Secretary will use his or her discretion to agree a proportionate fee for the period until the next annual fees are due.

3.3.2 Any new tenant will be subject to a three-month trial period. Following this trial period the procedures set out in Paragraph 3.6.3 will apply.
3.4 Keys

Members have one key only and it is not permitted to duplicate (commonly termed ‘cut’) keys. The key may be loaned only to close family members who need access to the site.

3.5 Use
To use your rented plot(s) as an allotment garden to grow crops for personal use and for no other purpose whatsoever. For the avoidance of any doubt the Tenant shall not use the allotment plot(s) for profit or in connection with any trade or business and is not permitted to cultivate any plots other than their own rented plots, including any vacant plots

3.5.1 Entry to the site is restricted to the period between sunrise and sunset on all days.

3.6 Cultivation
3.6 To keep the allotment plot tidy, in good condition, free from perennial weeds and well cultivated. Any areas on plots laid to grass, other than pathways, need to be agreed by the committee. These may be agreed only for small areas of the land. Any grassed areas must be cut to lawn level regularly. Any uncultivated areas should be securely covered at the tenant’s expense, in order to suppress weeds. Horticultural weed suppressant or heavy duty dark plastic sheeting should be used for larger areas; neatly arranged cardboard is acceptable for smaller areas. Carpet is not permitted.

3.6.1 The BAAHA Ltd. Committee will take responsibility for mowing or strimming boundary paths but the tenant must ensure that the edges of a plot are maintained tidily.

3.6.2 All trees on communal sites (13, 25b and 46) and around the boundary of the site will be maintained by BAAHA Ltd. Tenants may pick a share of the fruit on the communal plots. Fruit trees on tenants’ plots should be maintained by the tenant and the fruit is for the exclusive use of the tenant.

3.6.3 When a plot is identified, by the Committee, as having an excessive level of weeds, or when uncovered ground is neither cultivated nor in preparation for cultivation, or when uncultivated areas remain uncovered, at its discretion the committee may invoke the procedures set out in Paragraph 6.3 of the Model Rules, as follows - for reference:
Model Rules Paragraph 6.3:
6.3 Extraordinarily, any member or associate member may be asked to relinquish their membership of the Association by resolution of a majority of members present at a Committee Meeting. In this event the member to whom the expulsion applied would have previously been given at least one verbal request by a spokesperson of the committee of management and at least one letter from the committee of management setting out the issue at hand and its referral to a Committee Meeting if not satisfactorily resolved within a reasonable and set time period.

3.6.4 Non fruit bearing trees, including any saplings, are not permitted on the site, with the exception of such trees on Plot 21 (designated wildlife area) and Plot 49 (communal storage area). Self-set saplings should be removed from plots and efforts made to destroy the roots.

3.7 Nuisance
Not to cause or permit any nuisance or annoyance to the occupier of any other allotment plot or the owner or occupier of adjoining premises.

3.8 Fires
Fires are not permitted during British Summer Time (BST) and may only be lit one hour before lighting up time between the end of BST in October and the start of BST in March. The Tenant should supervise the fire at all times and ensure the fire is extinguished before leaving the site. A communal fire will be organised in November to burn woody waste. It is strictly forbidden to contravene the terms of the lease which requires that the following cannot be burnt: plastics, rubber, foam, household rubbish or painted materials. It is not permitted to burn carpets. Barbecues are allowed (at any time of year) if supervised with the same level of commitment.

3.9 Waste
3.9.1 The tenant is required not to accumulate, deposit or allow other persons to deposit waste including tyres and plastic containers on any part of the site. BAAHA Ltd. does not allow the use of tyres or plastic containers as weights for ground coverings or netting. To clarify, all recycled plastic bottles and tyres, for whatever purpose, are prohibited on site. Most allotment waste will compost. Waste from non-natural material must be taken off site. Woody waste can be kept on your plot until November when a communal bonfire will be organised. In exceptional circumstances a skip may be hired. Any decision to hire a skip will be taken at a committee meeting.

3.9.1 Tidy compost areas are acceptable, e.g. bins, enclosed collection areas, bean trenches during winter. All materials must be plant based. Any kitchen waste must be uncooked and plant-based. Egg shells are not permitted. Shredded paper and cardboard are acceptable.
3.9.2 Glass
No glass on external areas is allowed on site; this includes shatterproof glass panels. Any glass found on site will be removed immediately. Replacement glass panes for greenhouses should be securely stored in locked sheds.

3.10 Use of Chemical Weed Killers
Non-industrial strength chemical weed killers and insecticides shall only be used by the Tenant on their own plot. They should not be used on the main path or another Tenant’s plot. Industrial grade weed killers are not permitted on any part of the site.

3.10.1 All pesticides, herbicides and fungicides should only be used after reading and understanding the instructions on the container and used in accordance with those instructions.

3.11 Sub-letting
Not to sub-let, assign or part with the possession of the plot or any part of it. Members are not allowed to grow crops on other members’ plots.

3.12 Extraction
Not, without the written consent of the committee, to cut or prune any timber or other trees (except for pruning fruit trees on the member’s own plots), nor to take, sell or carry away any mineral, gravel, turf, clay or sand. The Tenant shall not make any well or sink-hole on their plot.

3.13 Buildings

3.13. Buildings, including sheds, greenhouses and polytunnels are not to be erected on a plot without the written consent of the BAAHA Ltd. committee. Permission will be based primarily on three criteria: materials, size and location. The Tenant shall be responsible for the repair and maintenance of their own building(s). For BAAHA Ltd. owned buildings the Tenant shall report any damage or wear and tear to the secretary or chairperson. The BAAHA Ltd. committee will assess the work required, purchase the necessary materials and organise the work required. The maximum dimensions for sheds and greenhouses are 2.5metres by 2.0 metres (8'0" by 6'6")

3.13.1 The tenant is responsible for the contents of all buildings on their plot. BAAHA Ltd. cannot be held responsible for any damage to the Tenant’s buildings or the loss or damage to the contents of all buildings on their plot. Petrol or other flammables must be stored only in approved BAAHA Ltd. safe sheds which have been designated for this purpose. These sheds are subject to security regulations. Also, asbestos is strictly forbidden by our landlord.

3.14 Boundaries
To keep any hedge, fence or gate (adjacent to another plot or a BAAHA Ltd. path) in good condition. Fences must not be erected without the written consent of BAAHA Ltd. and must not be more than 2 feet high and no barbed wire is to be used. Damage to an external fence or hedge should be reported to a BAAHA Ltd. committee member.

3.15 Paths
Paths between the plots are to be maintained jointly by the adjacent plot-holders and to be kept clear so that mowing is not interfered with, and wide enough for wheelbarrow and mower access. The main path is to be kept clear at all times. Tenants are forbidden to dig holes or trenches in or adjacent to the main path or paths between plots.

3.16 Livestock
Not to keep or allow to be kept on premises or any part thereof any horses, fowls, pigs or any other animals whatsoever except in accordance with section 12 of the Allotments Act 1950. BAAHA Ltd. does not allow beehives on site. The site does not have suitable open spaces where hives can be erected and bees kept, without being a nuisance to other Tenants and our neighbours.

3.17 Dogs
Dogs are allowed on site provided they do not stray onto cultivated land and that any waste is cleaned up straight away. At its discretion, BAAHA Ltd. can request that the dog is kept on a leash. The Tenant is responsible for the behaviour of their dog and must be on site while the dog is on site. Dogs belonging to guests and/or visitors of the Tenant must be kept on a leash at all times.

3.18 Carpets
Carpets are not permitted on site for any reason.
3.19 Inspections
To permit any agent or officer of BAAHA Ltd. to enter and inspect the plot at any time in order to check for health and safety issues as needed for our lease with Derby City Council. Such inspections may result in tasks being raised for a work party. Also, the police and Severn Trent Water have access to the site if they so require.

3.20 Gates
Both gates must be kept locked to prevent the general public establishing a right of way and for our own security.

3.21 Vehicles
Members are not allowed to bring vehicles on site. Vehicles may only access the allotment by the Burton Road gate for deliveries authorised by the committee and vehicular access for these deliveries is restricted to the area immediately on the path by the gates. BAAHA Ltd. cannot be held responsible for any damage to the delivery vehicle and the driver will be held responsible for any damage caused by the vehicle to any part of the site and any part of our neighbours’ property. Spinney Road is a private road and no vehicles are to park beyond 11 Spinney Road. Access to the Spinney Road gate is by pedestrians using the footpath only.

3.22 Hosepipes and Water Butts
Use of hosepipes must be kept to a maximum of 30 minutes each day on any plot. When using a hosepipe or watering can, the water should be directed to the base of plants. Mulching plants is encouraged in order to prevent evaporation from the soil. Hosepipes are to be disconnected and removed from pathways after use. Sprinklers are not permitted. All water butts or other water receptacles must be kept securely covered.

3.22.1 In the event of a hosepipe ban, the Tenant shall conform to the rules of the Local Authority and/or Severn Trent Water. These rules are to be found in the file in the communal shed. Any changes will be displayed on the notice board and/or communicated by email.

3.23 Health and Safety
To ensure that adequate safety measures are maintained. The Tenant has a duty of care to other tenants and visitors to the allotment, irrespective of whether they are invited guests or intruders. Tenants are advised to ensure that tetanus injections are up to date. BAAHA Ltd. maintains a general risk assessment, which is provided to all members. All members have a responsibility to follow the procedures which are designed to mitigate risks. A first aid kit is available in the main communal shed.

3.23.1 NB members should make sure all tools are locked away before leaving the site.

3.24 Work Party
Occasionally a Work Party is set up to carry out tasks on buildings or the site in general. All Tenants will be invited to participate. The Tenant will be given two weeks’ notice of the Work Party date and time.

3.25 Disputes
Any disputes between the Tenant and any other BAAHA Ltd. tenant shall be referred to the committee via the secretary. All tenants have the right of appeal in terms of natural justice and will be heard by an independent/impartial person.

3.26 Legal Obligations
To observe and comply fully with the covenants and conditions set out in the lease agreement between BAAHA Ltd. and Derby City Council, a copy of which is in the communal shed. The Tenant shall be informed by email or in writing and by provision of adding any document to the lease file in the communal shed, of any future legal obligations affecting the allotment site, and will be expected to comply.

3.27 Admittance
The Tenant is responsible for the safety and conduct of any person they bring on site.

3.28 Right to Refuse Admission
BAAHA Ltd. shall have the right to refuse admittance to the site of any person unless accompanied by the Tenant or member of his/her family.

3.29 Non-members working on site
Members are permitted to invite close relatives to work on their plots and the member does not need to be present at the time of this work.

3.29.1 Members are permitted to invite one other non- member for voluntary work only, to work on their own plots. This is limited to one person only. Contracted services (other than deliveries) which involve a payment for the service are not permitted under any circumstances. (Only the committee has the right to commission trade services and voluntary services for work on the site).

3.29.2 Non-members who are not close relatives are allowed to work on an individual member's plot only when the member is present to supervise the work and when on site, they (i.e. the volunteer non-member) should not work on any other members' plots or paths between plots unless that member has invited them to do so and is present at the time to supervise the work. This is limited to one person only. (See exception below in Para 3.29.3)
3.29.3 If a member needs to invite more than one non-member for a specific project of work requiring additional labour on their plot or in the case of disabled members as a reasonable adjustment where additional help may be needed, these arrangements need to be agreed with the committee, including details of the proposed visitors and times and dates of the visits.

3.29.4 These regulations ensure secure compliance with BAAHA Ltd's insurance policy.

3.30 Ponds
If a member wishes to install a pond on their plot this should be referred to the Committee, via the Secretary, for agreement. Ponds must be covered.

3.31 Disciplinary Procedures
1. If in the view of the committee, a tenant significantly infringes any of the rules of the Tenancy Agreement, the Policies and Procedures, the Model Rules, the General Data Protection Regulation Notices (GDPR), or agreed at general meetings, and, following investigation, the committee decides that, if the matter cannot be resolved informally and action is required, then the tenant may be subject to a disciplinary procedure. Any decision to use a disciplinary procedure, at any stage, must be agreed by a majority of the committee, either by a recorded vote held in a meeting or through recorded majority approval by email.
2. The first stage will be an informal written warning by the secretary explaining the infringement and asking the tenant not to repeat it.
3. The second stage is a formal written warning by the secretary.
4. The third stage is a formal written warning by the secretary explaining any further infringement will result in notice being served to determine the agreement, the cause being breach of conditions and agreement (see Clause 4.4). The procedure for determining the agreement is outlined in Clause 5.1.1
5. Members’ rights at any stage of the proceedings:
- Clear explanation of any alleged infringements;
- Right of appeal, initially to the committee and subsequently in accordance with the proceedings set out in Clause 3.25 of the tenancy agreement;
- Right to be accompanied by one other person at any meetings associated with the procedures
- Right to confidentiality
6. Serious infractions: the committee may decide to evict a tenant with immediate effect following a serious proven transgression, e.g. criminal activity.
7. Suspended membership: the committee may decide to suspend a tenant’s membership of the association, and the tenancy, during investigation of an alleged serious transgression.
8. Warnings last for one calendar year, dated from the time of issue of the most recent warning. Following this all record of the warning is deleted from the records.

3.32 Change of Address and other contact details
To inform BAAHA Ltd. immediately of changes in contact details including address, telephone number and email address (if applicable).

4. DETERMINATION OF THE TENANCY OF THE ALLOTMENT GARDEN.

The tenancy of the plot shall continue until determined (cancelled). It can be determined in any of the following manners or events:

4.1 Determination on Death
This tenancy shall determine on the annual rent day following the death of the Tenant.

4.2 Determination by Notice
This tenancy may be determined by either party giving to the other 12 months previous notice in writing to expire on or before 6 April or on or after 29 September in any year.

4.3 Determination by Re-entry on Default
This tenancy may be determined by re-entry by BAAHA Ltd., at any time, in the following circumstances:

4.3.1 If the rent is in arrears for not less than 40 days, whether legally demanded or not.

4.4 Determination by Breach of Conditions and Agreements
If it has been necessary to implement procedures outlined in Clauses 3.6.3 or 3.31 of the Tenancy Agreement. Where a tenant's tenancy is terminated by BAAHA Ltd., at the discretion of the committee that person may not be permitted to join the waiting list or become a tenant again in the future.

The sections that follow: notices and individual agreements are provided for each member personally.