Page 7 - ALG Issue 1 2022

legal matters
Understanding the Tenancy Agreement
A brief introduction to Allotments Agreements and what should be included.
Allotment land throughout England and Wales can be held in many different ways. The law is complex and has been in existence for a great many years. The National Allotment Society provides a range of Tenancy Agreements to cover many different circumstances for their members, in line with the legislation.
WHAT ARE THE OPTIONS?
FREEHOLD OWNERSHIP
This gives the right to use the land forever but may be subject to certain restrictions as to how the land is used.
In many cases the land will have been given to a group many years ago either by a local landowner, the local council, or in some instances, an allotment association may have had an opportunity to purchase land themselves. This will provide a
very valuable asset and groups need to ensure costs are considered associated with buying and maintaining the land. Groups who have been through this process usually have limited company status to have the legal capacity to own the land in their own right.
LEASE (TENANCY AGREEMENT)
This agreement will give a right to exclusive possession of land belonging to someone else (the Landlord) for a defined period of time. Where Statutory Allotment land is concerned, the rights between the landlord and tenant are governed by legislation 1908-1950; also, by the agreement made by the parties.
The intention of a document of this kind is to protect both the landowner and the tenant by outlining the responsibilities and rights of both parties. It is important that both parties understand the boundaries as to what they can and cannot do.
LICENCE
In many instances it may be difficult
to distinguish between a lease and a licence, as they may be very similar. A document labelled as a licence could actually be a lease due to the wording included. The legal protection given by each type of agreement is very different. A licence is merely permission to be
on the land legally rather than being a trespasser. It simply permits the use of an area of land. The person granting the licence does not have all the options available to a landlord under
a Tenancy, should a dispute arise.
It is also possible to sub-let under a Tenancy, also to sell a lease; however, these options are not possible in the same way with a licence.
Liz Bunting
Legal and Operations Manager
NAS have produced a webinar covering “Your New Lease” and also ‘Incorporation” and we are working with Chris Knott on a Trustee webinar, which should be available shortly.
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Allotment and Leisure Gardener 7