OPERATIONAL MANAGEMENT AGREEMENT

SUMMARY OF PROPOSED OPERATIONAL MANAGEMENT AGREEMENTS BETWEEN SITES SOCIETIES AND BOLTON COUNCIL -  an official copy can be obtained from Allotments@bolton.gov.uk and each site will have its own ‘tailored’ version.

NB The OMA does not affect individual tenancy agreements or the rental charge for each plot which will continue to be collected by the Council.

ROLE AND RESPONSIBILITIES OF THE ALLOTMENT SOCIETY

Community Plot and New Tenancies

·         The Society will manage the identified Community Plot at nil rental.

·         The Society will assist the Council in identifying plots that become vacant and whether they should be let as ‘full-sized’ or ‘half-sized’ plots based on a previously agreed site development plan.

·         Using the waiting list information supplied by the Council, the Society will contact potential tenants, arrange for them to visit the site, and if they wish to take up the plot help complete their registration forms. These forms will then be forwarded to the Council who will arrange for a tenancy agreement to be drawn up and an invoice raised.

·         Once the Council confirms that the signed tenancy agreement and due payment have been received the Society will provide the new tenant with a key for the site (keys to be supplied by the Council)

·         The Society will advise the Council monthly of the outcome of any contacts made with persons on the waiting list and actions taken.

 

Tenancy Management

To help manage the site for the benefit of tenants, the Society will implement an ‘approval’ system covering the erection of structures and the keeping of livestock in accordance with the Council’s Terms and Conditions of Tenancy.

ü  Tenant submits application to Society for the erection of a structure and as appropriate, the keeping of hens and rabbits.

ü  If the Society Committee considers that the application fits the agreed criteria then the Society gives approval and advises the Council.

ü  If the Society refuses the application and the tenant does not accept this then the application should be referred to the Council with the reasons for refusal.

ü  If necessary, the Council will make the final decision based on the information supplied against the criteria.

 

Potential Breaches of Tenancy

• The Site Society will conduct a monthly inspection of the site (to be undertaken by a minimum of two elected officers of the Society) and identify any issues of non-compliance with the terms and conditions of tenancy. In the first instance the society will advise the tenant in writing of the breach (standard format to be developed) and request that the matter is addressed within 4 weeks.
• If the matter has not been cleared by the subsequent monthly inspection of the site, the Society will take photographs to demonstrate the breach and advise the Council so that they may issue a formal improvement Notice for breach of tenancy.
• If the matter has still not been cleared by the subsequent monthly inspection, then the Society will again take photographs to demonstrate the continued breach and advise the Council so that it may issue a Notice of Re-entry and terminate the tenancy.

• Tenants will have a right of appeal / complaint through the Council’s complaints procedure.

 

Site Maintenance

• The Society will carry out agreed and identified site maintenance works e.g. cutting the grass on communal areas, weed-killing along roads and verges.
• The Site Society will report to the Council any emergency actions required e.g. urgent repairs to buildings and infrastructure.

 

Communications (Day to day)

The nominated officers of the Society are the primary channel for transmitting any complaints or issues raised by tenants to the Council

Day to Day communication will be with the Society by e-mail if at all possible and will utilise a new monthly communication form likely to cover the following:

·         Any requests to go on waiting list

·         any plots in breach of T&Cs,

·         any plots given up

·         persons on community plot offered vacant plots

·         New tenancy application forms

·         persons on community plot who’ve left

·         persons on waiting list contacted for community plot & responses

·         copy of approved application forms for structures & livestock and any recommendations for refusal if contested.

 

ROLE AND RESPONSIBILITIES OF THE COUNCIL

 

• Register all applications for plots
• Maintain the Waiting List
• Issue New Tenancy Agreements and Manage Tenancy Records
• Set and Collect Rents
• Issue and Implement Improvement Notices and Notices of Re-entry for breach of tenancy
• Maintain the site fencing and gates (including providing replacement padlocks) with the constraints of the resources available
• Maintain existing water supplies to standpipes and buildings (for up to 26 weeks p.a. – essentially April to September) within the constraints of the resources available
• Maintain existing Council-owned toilets and buildings on the site within the constraints of the resources available
• Continue to provide seasonal temporary toilets (where existing provision exists)
• Pay the water bills submitted by United Utilities
• Maintain the site infrastructure (e.g. field drains, mains water etc.) within the constraints of the resources available
• Provide (through the self-help scheme and within the constraints of the resources available) materials which can be used by volunteer working parties for site maintenance
• Take a view on refusals of requests for structures and livestock of contested