Allotment plot letting
A full copy of the regulations, the Conditions of Let and form can be downloaded.
The Scottish Borders Council ("the Council") has a statutory duty to provide allotments in terms of Part 9 of the Community Empowerment (Scotland) Act 2015 ("the 2015 Act"). These rules are made in support of this statutory function and to support those leasing allotment plots ("tenants") understand their responsibilities. Where there is a contradiction between these rules and the 2015 Act the terms of the 2015 Act including any regulations ("Regulations") shall apply. These rules will be subject to review once final guidance relating to Part 9 of the 2015 Act has been provided.
Allotment plot letting
For allotment plots on Council owned land, an allotment plot application form must be completed and submitted in writing either by email to placebookings@scotborders.gov.uk or send to Business Support Team (Allotments), Council Headquarters, Newtown St Boswells TD6 0SA or such other address as is publicised by the Council.
The Council maintains a waiting list 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 if the five year time limit prescribed by the 2015 Act will or has been exceeded.
If a valid offer of a plot is made, applicants will be notified and invited to attend a viewing of the plot prior to accepting it, at a mutually agreeable time. Scottish Borders Council will contact you to arrange this viewing - should you fail to respond to correspondence regarding this, including attending any pre-arranged viewing, more than once, the plot will be offered to the next person on the list and you will be asked to confirm if you wish to remain on the waiting list. If you do not respond to this confirmation within two weeks it will be presumed that you no longer wish to be considered for an allotment plot and you will be removed from the waiting list.
Allotment tenancies will only be granted to residents, 18 years or over who reside within the Scottish Borders Council area. Individuals who live outside or move outwith the Scottish Borders area shall not be entitled to retain an allotment tenancy and the Council or the relevant association shall be entitled to require that any such tenancy be brought to an end in accordance with the termination provisions herein.
The Council reserves the right to inspect any allotment sites and records without giving prior notice to ensure that allotment plots are being managed in accordance with these rules.
All tenants are required to sign an agreement in terms of the Scottish Borders Council Allotments – Conditions of Let annexed hereto annually in advance agreeing to lease an allotment plot for that year and that they shall adhere to these rules and any that may pertain to the particular allotment site and/or any Regulations.
The tenant shall ensure that any change of address or contact details are notified as soon as reasonably practicable to the Business Support Team (Allotments) at the address specified in 1(a) above. The Council / Association shall not be held responsible for any losses resulting from a failure by a tenant to provide information.
Should an existing tenant wish to increase the size of their allotment plot they shall submit a new application form and will be added to the end of the waiting list of applicants wishing to let an allotment tenancy.
Any applicant who accepts a smaller allotment plot than 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.
Where a person (or joint applicant) who has had an allotment tenancy previously terminated by the Council or 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.
A tenant shall not sub-let or share occupation of any part of their allotment plot with any other person without the prior written consent of the Council/Association
The Council will consider the transfer of an allotment tenancy to a joint applicant 18 years or over, should the existing tenant be permanently unfit or deceased. If approved, the Council will require written proof to be submitted and a new tenancy agreement shall be signed.
If an allotment tenancy is terminated, there will be no refund due to the tenant by the Council.
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.