Handbook

This handbook brings together the key documents regarding your
membership of the Kent House Leisure Gardens Association (KHLGA).
The Tenancy Terms and Conditions are based on a standard
document used across the London Borough of Bromley, and derived
from long established allotment law and practice.
We are a self-managed site, which means that our Association
manages the site, under the terms of a lease between the
Association and London Borough Bromley. The Association’s Aims,
Objectives, Rules & Constitution include the rules which say
how the Association must conduct itself, and some additional rules
regarding cultivation of plots which have been passed since the
redrafting of the constitution in 2014.
The Tenancy Agreement is the document tenants must sign
to accept the tenancy terms and conditions, which include agreeing
to the rules of the Association.
How We Work – Making Sense of the Rules explains where
these rules come from, how they can change, if appropriate, and
how we actually work as a self-managed association.
KHLGA Management Committee
April 2017

Tenancy Terms and Conditions

In these Terms and Conditions, ‘the Council‘s hall mean the Council of the London Borough of Bromley ‘the allotment garden’ shall mean the allotment garden let to the tenant. And ‘the Association’ shall mean the Kent House Leisure Gardens Association managing the allotment site as lessees of the Council.

I. Tenant shall undertake as follows:-
a) To pay the rent reserved in the tenancy agreement, to such person as shall be
appointed by the Association to collect rents in advance and without deduction
otherwise than allowed by statute on the 21st of November in each year.
b) To use the allotment garden within the meaning of that expression as defined
in section 22 (1) of the Allotments Act, 1922 or any amendment thereto, or as
leisure gardens and for no other purpose.
c) To keep the allotment garden free from weeds or any plant which interferes
with the cultivation of other parts of the site. To maintain their plot in a suitable and safe condition.
All paths adjoining the allotment garden should be of a minimum width of 0.5 metres (18 inches) although the path closest to the clubhouse is to be maintained by the plot holder.
All plots are to display their plot number clearly and legibly as stated on the tenancy agreement.
d) Not to cause or permit any nuisance or annoyance to the occupier of any
other allotment garden or to any local resident, not to obstruct or encroach on
or over any path or roadway set out for the use of the occupiers of the
allotment gardens and to light bonfires only if permitted by the Association and
subject to such requirements and restrictions as the Association may impose.
e) Not without the written consent of the Association to cut or prune any
timber or other trees or to take sell or carry away any mineral gravel sand
earth or clay and not to burn or treat with weed killer or otherwise deface any
common pathway.
f) Not without the written consent of the Association to erect any building or
structure on the allotment garden, provided that consent shall not unreasonably
be refused under this clause for the erection of a structure used for the storage
of tools or a greenhouse, of a style and maximum size, and in a location, as
prescribed by the Association. The tenant shall keep any building or structure
on the allotment garden in good and safe repair.

g) Not to use barbed wire for a fence adjoining any path set out for use of the
occupiers of the allotment gardens and not to erect any form of permanent
fence around any allotment garden or part thereof.

h) Not to deposit or allow persons to deposit on the allotment garden any
rubbish or decaying matter (except manure and compost in such quantities as
may be reasonably required for use in cultivation) and not to deposit matter of
any sort on any other part of the allotment site (except matter removed from
the allotment garden which may be placed in the area or container which may
be provided by the Association for that purpose).

i) Not to bring or cause to be brought on to the allotment site any dog (with
the exception of a guide dog accompanying a blind person). The keeping of
livestock (including chickens and bees) shall be subject to the consent of the
Association and to such conditions as the Association may impose.

j) Not to erect any notice or advertisement on the allotment garden except the
garden number as required by clause c), and not to plant or allow to grow on
the allotment garden any tree the base of which exceeds 5cm in diameter (with
the exception of fruit trees).

k) Not to assign sublet or otherwise part with possession of the allotment
garden or any part thereof without the written consent of the Association.

I) To agree that the Association shall have the right to refuse admittance to any
person other than the tenant or a member of his or her family to the allotment
site unless accompanied by the tenant or a member of his or her family.

m) To agree that in the case of a dispute between the tenant and any other
occupier of an allotment garden or between the tenant and the Association the
matter shall be referred first to the Association officer responsible for the day
to day management of the allotment gardens involved and then to the
Committee of the Association. If the dispute is not then settled it shall be
referred to an arbitration committee appointed by the Association and which
may if the Association or tenant wishes include a representative of the Bromley
Allotments and Leisure Gardens Federation and to which the council is
entitled to send a representative, and the decision of this committee shall be
final.

n) To inform the Secretary of the Association without delay of any change of the
tenant’s address.

o) To yield up the allotment garden at the determination of the tenancy hereby
created in such condition as shall be in compliance with the agreements hereincontained and that the Association may dispose of any building structure or other
items left on the allotment garden after one month from the date of determination.

p) To allow any authorised officer or agent of the Association or Council at any
reasonable time to enter and inspect the allotment garden.

q) To observe and perform any other special condition which the Association
considers necessary to preserve the allotment garden from deterioration or to
preserve the amenities of the allotment site and of which notice shall be given
to the tenant in accordance with clause 9 of this agreement.

r) To lock the gates after entering and leaving the site and not to enter or
attempt to enter the site other than by means of the gates.

s) Not to communicate direct with the Council on any matter regarding the
allotment garden or site but to address all such communications to the
Secretary of the Association.

t) To accept membership of the Association and to remain a member during his
or her occupation of the allotment garden and to observe at all times the rules
of the Association.
u) As a volunteer team meets regularly to spend time on the allotment looking after
different aspects of the site.
It is therefore compulsory to contribute the minimum of 10 hours support each year to the KHLGA.

2. The tenancy is subject to the exceptions reservations stipulations and
conditions contained in the lease or tenancy under which the Association holds
the land.

3. The Association may at any time upon giving the tenant not less than twelve
months’ notice in writing before 21st of November in any year increase or
decrease the rental of the allotment garden with effect from the following 21st of November.

4. The tenant shall be entitled to draw water from any mains outlets on the
allotment site between 1st April and 30th October in each year (except if the
water supply has to be disconnected for repairs) for cultivation of the allotment
garden but for no other purpose. The use of hoses for any purpose, including
the filling of auxiliary containers, shall be only as permitted by the Association.
The Association reserves the right to charge the tenant, in addition to the
annual rent, a sum equal to a proper proportion of the water rates paid by the
Association in respect of the previous year.

5. The tenant shall be entitled on determination of the tenancy to recover
compensation only under and in accordance with the provisions of the
Allotments Acts 1922 and 1950. The Association is to be indemnified against
any other claim howsoever arising out of the tenant’s use or occupation of the
allotment garden and site.

6. The Association shall be entitled on determination of the tenancy to recover
compensation from the tenant in accordance with section 4 of the Allotments
Act 1950 in respect of any deterioration of the allotment garden caused by the
failure of the tenant to keep it in a good state of fertility and cultivation or to
comply with the conditions herein contained.
7. The tenancy shall determine immediately on the death of the tenant although
a new tenancy may be granted to the tenant’s next of kin at the Association’s
discretion.
8. The tenancy may also be determined in any of the following manners:-

1) By either party giving to the other twelve months’ notice in writing to expire
on or before the 6th April or on or after 29th September in any year. Any such
notice given by the tenant shall be served on the Secretary of the Association.
2) By re-entry by the Association at any time after giving three months’ previous
notice in writing to the tenant on account of the allotment garden being
required for any purpose permitted by the lease or the tenancy under which
the Association holds the land.
3) By re-entry by the Association at any time after giving one month’s previous
notice in writing to the tenant (i) if the rent or any part thereof is in arrear for
not less than forty days whether legally demanded or not or (ii) if it appears to
the Association that there has been breach of the conditions or rules affecting
the cultivation of the allotment gardens and at least three months have elapsed
since the commencement of the tenancy or (iii) if the tenant shall cease for any
reason to be a member of the Association.
9. Any notice required to be given by the Association to the tenant may be
signed on behalf of the Association by the Secretary of the Association for the
time being and may be served on the tenant either personally or by leaving it at
his last known place of abode or by ordinary post or by registered post or by EMAIL
or by letter sent by the recorded delivery service addressed to him there or by fixing
the same in some conspicuous manner on the allotment garden comprised
herein. Any notice or application for consent required to be given by the tenant
to the Association shall be sufficiently given if signed by the tenant and sent by a
prepaid post letter or handed to the Secretary of the Association.

KHLGA Aims, Objectives, Rules and Constitution

Aims and Objects

The Association shall be known as the Kent House Leisure Gardens, and its
aims are:-

i) to control, manage and maintain the allotment sites leased or entrusted to it
by the Council of the London Borough of Bromley, within the terms and
conditions of the lease, and to promote the good cultivation of its members’
allotments and gardens by –
a) holding meetings for lectures, discussions and demonstrations
b)holding horticultural shows and competitions
c)organising visits to gardens, nurseries, etc.
ii) to offer and maintain a leisure venue with facilities for all members of the family
iii) to promote the spirit and concept of leisure gardening
iv) to offer for sale suitable products in the Association shop, all
profits being reinvested in the Association.
v) to undertake projects to improve the facilities and/or attractions of the Kent
House Leisure Gardens, which shall be discussed and agreed at a properly
convened general meeting, and financed out of funds.
vi) to share among Association members the responsibility for all common tasks.
vii) to make best efforts to involve the local community via open days, special
events and regular weekly opening.
viii) to maintain good communications by means of notice-boards, newsletters and any other suitable means
ix) to encourage the Committee to be representative of the diversity of the gardeners.
Rules & Constitution
1) The Association shall consist of Members and Honorary Life Members. All
persons interested in horticulture may become Members of the Association and
enjoy its attendant benefits, but ALL of the Association’s tenants must be
Members in order that the Association may comply with the terms of its lease
from the London Borough of Bromley. Members may be elected as Honorary
Life Members by virtue of their distinguished service to the Association
and shall not be liable to pay the Association’s membership subscription.

Only Tenant Members shall have the right to vote at meetings.

2) The committee shall comprise a Chairman, Secretary and Treasurer, to be
elected individually at the AGM and the seven other members receiving the
highest number of votes in any election for other committee members at the
AGM. These other committee members may be appointed by the rest of the
committee to specific roles.
Beekeeping clubs, meeting and maintaining hives on site, may nominate a single
additional committee member to sit on the KHLGA management committee as
their representative.
The Committee shall have the power to co-opt such other Members as may be
necessary to appoint any of its Members for special duties and to elect sub-committees for special purposes. Out-of-pocket expenses to be recompensed.

3) Two Auditors shall be elected in the same manner as the committee
members. No Member of the Committee shall be eligible for the office of Auditor.

4) The Annual General Meeting of the Association shall be held at the end of March in each year at which reports of the Association Officers shall be received all accounts and an annual budget for the coming year and where applicable, the Association’s Committee elected. The Secretary shall give not less than 14 days’ notice of the meeting in writing and all resolutions for the Agenda must be submitted in writing and be received by the Secretary not less than 7 days before the date of the meeting and included on an Agenda, to be issued to the meeting.
Committee members shall be elected by ballot and serve for three  years before
presenting themselves for re-election .A third of the longest serving members should stand for election every year. All candidates for election to the management committee be required to publish a brief resume. Only one closely related member of a family may sit on the management committee at any one time.  Only one tenant from one plot can vote. Quorum for an AGM to be 40 members present at the opening of the meeting.
If the AGM is inquorate the meeting is to be closed and an Extra-ordinary Meeting to be convened.
The Agenda for such an Extra-ordinary meeting to be as for the AGM.

5) If any Committee member should resign or die before expiration of their term of office, the Committee shall fill the vacancy but the Member so appointed shall resign at the time when their predecessor would have retired, but shall be eligible for re-election. Any Committee Member or Auditor who fails to fulfill the obligations of their office shall be required to resign at the instruction of the Committee. Any committee member missing three meetings in the course of the year stand down and not stand for election the following year,

6) The Committee of the Association shall meet on the second Monday of every month in open forum,and five Committee Members shall constitute a quorum. The Committee may invite other Members to attend regularly or to attend specific meetings, and any Member may attend as an observer.
Committee Members only shall be entitled to vote at Committee meetings.
Minutes of Committee Meetings to be displayed at the Clubhouse within one week of the date of the meeting.

7) An Extraordinary General Meeting of the Association may be convened by
twenty members signing such a request with a resolution, which must be
received by the Secretary who shall give not less than 14 days’ notice of the
meeting in writing to all Members. The meeting shall be presided over by the
Chairman or-Vice-Chairman, and the aforementioned resolution shall be the
only one discussed. A General Meeting may also be convened by the Committee
of the Association giving 14 days’ notice to discuss a matter of particular
importance and urgency. The quorum for an Extraordinary General Meeting
shall be 25 Members.

8) Voting on resolutions at all meetings shall be by show of hands. Simple
majority to decide. The Chair is to have the casting vote if required.

9) The annual Membership subscription of the Association, rents and payment
services, shall be as determined at a General Meeting, and shall be payable by all
of the Association’s tenants, together with all rents due, at such time as those
rents are payable. Failure to pay these monies within 40 days of their being due
in accordance with the Conditions of Tenancy shall render the Member liable to
termination of the tenancy. No rents shall be accepted unless accompanied by
all due Membership Subscriptions.

10) Before signing a Tenancy Agreement every prospective tenant shall have
received a copy of the Association Rules and shall sign a declaration in the
present of a witness that the tenant agrees to abide by them.

11) The Committee of the Association shall have the power to refuse the
granting of membership and/or a tenancy to any applicant. Any Member who
acts in a manner which is, or likely to be detrimental to the well-being or
efficient management of the Association, may have their membership and/or
tenancy terminated. The Member shall have the right of appeal to the
Committee at a meeting convened for that purpose, and the decision of the
Committee shall be final.

12) All monies received by the Association shall be banked by the Treasurer or
the Secretary in accounts which shall be maintained in the name of the
Association and shall be withdrawn by the Treasurer and the Secretary or one
approved committee member conjointly (any two from three).The current on-line banking system does not allow dual signatories but can be used until a suitable alternative can be found (AGM 3/4/2016)

13) The Kent House Leisure Gardens’ Committee shall act as managing agents
of the Association by undertaking: (I) the letting of plots; (2) the issue of rent
demands. The collection of rents, subscriptions and other payments properly due
from tenants; (3) the day to day maintenance and management of the site; and
(4) site improvements

14) The Site Management team shall supervise the day to day management and
maintenance, and may deal with the letting of plots on behalf of the Secretary.
The Secretary shall make statistical returns to the Association in accordance
with the requirements of the Association and the London Borough of Bromley
and will maintain proper records of plot sizes and the names and addresses of
tenants.

15) The Secretary of the Association shall remain the main contact with the
London Borough of Bromley. The Secretary shall maintain a list of Kent House
Leisure Gardens Association Associate Members. Persons wishing to be added
to the waiting list shall become Associate Members until they are allocated a
plot. Others may also become Associate Members. Associate Members shall
pay the prevailing KHLGA membership rate, but shall have no vote at General
meetings, or the right to attend Committee meetings. They may hold a site keys,
but only at the discretion of the Committee. No-one other than full and
Associate Members may hold keys. Membership cards will be issued, and may
be asked for by anybody on site. Associate members should be encouraged to take part in the second Sunday Work Days

16) Each tenant shall keep their plot in a neat and tidy condition and appearance
and shall deposit no refuse on the allotments sites (with the exception of
organic material reasonably required for cultivation).

17) No tenant shall erect on the site any shed or greenhouse which has not
been approved by the Association Committee and the construction of which is
not equal to or better than a commercially made product.
18) Each tenant shall keep his plot clearly marked with the plot number. A plan
of the site shall be displayed in the Clubhouse, showing the plots by number.
A list of tenants also to be displayed, showing them in alphabetical order and in
numerical order, by plot.

19) Any member, or any person being a guest of that member or in their family,
found removing produce or other items from another member’s plot without
the consent of the plot tenant, or from a vacant plot without the consent of the
Secretary or a memeber of the Site Management team may have their tenancy terminated immediately and
may also face prosecution. The Members are to be held responsible for such
guests and family members’ behavior and health and safety.

20) Any Member acting in contravention of these Rules or any of the terms
contained in the tenancy Agreement shall take such remedial action as may be
decided upon by the Committee.

21) Each plot holder and visitor must comply with health and safety law by
exercising a “Duty of Care” towards themselves, others and the general public.
They should do so:-
a) by providing and maintaining plant, equipment and communal facilities which
are, as far as is reasonably practicable, safe and without risk to health.

b) by insisting the plot holders/members co-operate by following the Terms and
Conditions/Aims and Objectives documents and notifying any potential hazard
to a member of the site management team or other committee member.

c) by insisting that plot holders/members behavior on site is not oppressive,
disempowering or racist and that the Association’s resources are used honestly
and only for their intended purpose.

22) The maximum space to be cultivated by any new Tenant/Member will be 10
rods.

23) Bonfires are not allowed at weekends and Bank holidays. They may only be
lit during from 1st October to March, after 9.00 am, and must be extinguished by
7.00 pm. Only non-compostable vegetation and wood may be burnt.

24)Power tools may be used between 10am and 4pm on Sundays and between 8am and 7pm on any other day. Power tools may not be used by children under 16. Association machinery is maintained for
us by skilled volunteers and is supplied in a safe condition. If you find a problem
you must return the machine to the store with a note outlining the fault.
Do not attempt to rectify the fault yourself.
Do not remove any guards or safety features.
Do not use strimmers without using protective clothing supplied.
Do not use rotavators without using steel toe capped boots.
Do not smoke in the machine room or when handling fuel.

25) Produce from the plot should be mainly for holder’s use. Excess production
may be sold or otherwise disposed of in accordance with current statute and
policies of LB Bromley Allotments Panel.

26) Weed killer may not be applied using any pressurized system.The use of weedkillers containing Glyphosate is prohibited (except for the treatment of Japanese Knot-weed under strict supervision)

27) The maximum size of new sheds on individual plots shall be 8’ x 6’and
can only be painted dark brown or green.

28) No scooters or bikes to be ridden on site.

29) All hose pipes are to be used with a dead man’s handle and held at all times of use.

30) All plots should have the minimum of 75% of their plot cultivated.April to October. Mixed plots ie: vegetable plots 75%. Garden plot should be kept neat and tidy. Not covered with black plastic during growing season April to October.

31) Any matters not provided for in these Rules shall be resolved by the Committee.

29) These Rules shall remain in force until amended by a majority vote at a General meeting of the Association.
Adopted at the Annual General Meeting, 6th April 2014 with amendments agreed at subsequent General Meetings.

Notes
These notes are not part of the Association Rules as agreed at a general meeting
but refer to points about the rules that have sometimes caused uncertainties.

Rule Im) Although within the Association a committee decision on a dispute is
final, issues may be raised with BALGF (Bromley Allotments and Leisure
Gardens Federation), contact details for whom the secretary will provide.
Rule 15 Our understanding of exactly who can vote is that (I) tenants can only
ever have one vote, and (2) tenancies can only have one voter, a point that could
be important if there were many members tenanting a single plot. Where
partners or other friends and family appear equally involved in looking after a
plot, and in particular if they hold a key. They will be presumed to be associate
member, and charged membership accordingly.
Rule 22 Current committee policy is not to let plots to new tenants if this will
increase their area cultivated above 10 rods. 1 rod is taken as 25 sq. metres
Rule 23 This is interpreted from when the clocks go back to when they go
forward-i.e. not during British Summer Time.
Rule 27 Sheds for groups, such as beekeepers may be larger but specific
committee approval is required. We believe that all sheds are subject to
planning law, but the danger of being told to remove them is insignificant. There
is no formal policy on greenhouses but poly tunnels are not allowed.

How We Work – Making Sense of the Rules

Our site is owned by the London Borough of Bromley. It is leased to us as the
Kent House Leisure Gardens Association, and managed by us as an allotment
site. As such there are three important legal documents for us:
ο Our lease with LB Bromley
ο The Tenancy Terms and Conditions
ο Our Constitution and Rules
All members should have copies of the Constitution and Rules, and the tenancy
terms and conditions. Normally there is no reason why tenants should see the
lease, but it could be photocopied.
The lease was originally for 21 years, running from 1 Jan 2000. Bromley’s
policies support allotments, and our site is classified as a ‘statutory allotment’.
These do not guarantee our survival against the long term background threat of
being sold off for development, but they would make it much harder. We can
make it even less likely by continuing as a successful self-managed association,
and maintaining the best possible relations with our neighbours and the local
community.
Our constitution requires us to have an Annual General Meeting, and allows us
to have Extraordinary General meetings. It is only at such General Meetings
that we can make changes to our rules, if approved by a majority of tenants
present. At the AGM we also elect a committee which meets once a month,
and takes on various formal decisions. These meetings are, with occasional
exceptions held on the second Monday of every month at 7.30pm in the
clubhouse. All tenant members may attend but only committee member can
vote. The minutes of the meetings are displayed on both the outside and inside
notice boards – generally within one week of the meeting. From time to time
the committee will take decisions about how we do things – for example
administering the waiting list, procedures for sending out weed notices – which
are also in effect rules. This all means that we have four sorts of rules.
These are:
I. Requirements under the lease. These cannot realistically be changed. In any
case, almost all the few specific rules in the lease are also in our rules or
tenancy terms and conditions. The most important lease condition affecting our
rules is in effect that Bromley should be happy with our tenancy terms and
conditions and our rule book and constitution. Bromley Council officers are
NOT interested in checking up on any changes we make but if any tenant felt
we are making inappropriate changes they could approach Bromley Council
through the Secretary and the Secretary would have to pass on these concerns.
2. Tenancy Terms and Conditions. These we could change at a General Meeting
either Annual or Extraordinary with good cause. They are modeled on
the standard terms and conditions for allotments that were applicable before
we became a self-managed association, and they have satisfied lawyers over
allotment history.
3. Our Constitution and Rules. Minor changes to these, such as rules on
bonfires are quite often voted on at Annual General Meetings. If any tenant
wants to change these they can either submit a motion to the AGM or organise
an EGM, following the rules in our constitution.
4 Committee Policies. These are simply committee decisions and at the
moment the only complete record of them are the archived committee minutes.
They can be changed or modified at any committee meeting. If any tenant wants to change these, the first step is to come to a committee meeting and explain why. If the committee does not agree, the next step is to use the AGM or an EGM to write the change you want into the rule book or else to put up alternative candidates for the committee.

The Committee and the Wider Membership

The Association is the whole membership, and only a fraction of what gets done
involves the committee, meeting as a committee.

Like the rest of the membership, the committee are volunteers who dedicate their time and support to get things done.

The rules in our constitution that say what the Committee should or should not do and are the guarantee for the wider membership that things will be done properly.

ALLOTMENT TENANCY AGREEMENT

AN AGREEMENT made on the …….day of ………..……. 2014
BETWEEN
Kent House Leisure Gardens Association .
(hereinafter called “the Association”) for the one part and
NAME/S:
.
ADDRESS:

Telephone Numbers
EMAIL
(hereinafter called “the Tenant”) of the other part
WHEREBY the Association lets and the tenant takes a tenancy of one or more allotment gardens, at annual rents, service charges and membership subscriptions approved by the Association and notified to the tenant in accordance with Conditions 1 – 9 of the Terms and Conditions of Tenancy annexed hereto, this agreement superseding all previous tenancy agreements for allotment gardens managed by the Association.
AND SUBJECT TO the said Terms and Conditions of Tenancy which have been read and
understood by the tenant who undertakes to abide by them.
ALSO our core volunteer team meets regularly to spend time on the allotment looking
after different aspects of the site,
IT IS THEREFORE COMPULSORY TO CONTRIBUTE THE MINIMUM OF 10 HOURS SUPPPORT EACH YEAR TO THE KHLGA.
AS WITNESS the hands of the parties on the day and year first above written.

SIGNED by the tenant

…………………………………………………………

In the presence of the Lettings manager/Committe Member

……………………………………………………………
SIGNED on behalf of the Association

…………………………………………………………………………………………………..
(Secretary)
Tenant’s copy

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