Forms. hereby let, makes the total area of land in his occupation more than 50 acres; or (5) if the Council desire to resume possession of the holding, but in that case the tenant shall be entitled to compensation under and in accordance with the provisions of section 11 of the Agricultural Holdings Act, 1908. (m) The Council may without previous notice determine the tenancy forthwith by notice in writing, or (1) if the rent is in arrear for not less than 40 days; (2) if the tenant becomes bankrupt or compounds with his creditors; and in either of such cases the tenant shall be liable to pay rent pro rata to the time of quitting under the notice. (n) The tenancy may also be determined by the tenant at the expiration of any year of the tenancy by [twelve] calendar months' previous notice in writing. The expression "tenant" shall include his executors, administrator and assigns. [Any covenants by the Council as to repairs or otherwise and any special conditions affecting the holding shall be endorsed on the agreement.] NOTE. The following clause may be added to the agreement for letting where it is desired in the case of land likely to be cultivated as a market garden to protect the Council from undue liability for compensation: (1) The holding shall not be let or treated as a market garden, but if the tenant executes any of the following improvements (ƒ), viz.: : (a) planting of standard or other fruit trees permanently set out; (b) planting of fruit bushes permanently set out; (f) Any one or more of these improvements may be omitted as regards a particular tenancy. (c) planting of strawberry plants; (d) planting of asparagus, rhubarb, and other vegetable crops which shall continue productive for two or more years; he shall on the determination of the tenancy be entitled to receive from the Council such sum as fairly represents the increase (if any) in value of the holding to the Council due to these improvements having regard particularly to the then unexpired term of the lease (if any) under which the land is held by the Council. (2) The tenant may in lieu of claiming compensation for any fruit or other trees or bushes planted or acquired by him remove the same before the determination of the tenancy, levelling the surface of the land and restoring the same to a proper state and condition and making good any damage caused by the removal. (3) For the purpose of protecting the Council from claims for compensation for the under-mentioned improvements, other than such compensation as is provided by paragraph (1), the following improvements are to be treated as prohibited for the purpose of section 47 of the Small Holdings and Allotments Act, 1908, viz.:— (a) planting of standard or other fruit trees permanently set out; of (b) planting of fruit bushes permanently set out; (c) planting of strawberry plants; (d) planting of asparagus, rhubarb, and other vegetable crops which continue productive for two or more years. (hereinafter called the Council) of the one part, and (hereinafter called the purchaser) of the other part. 1. The Council hereby agree to sell and the purchaser hereby agrees to purchase at the price of £ the holding numbered in the Register of Small Holdings kept by the Council, of which holding the Council are registered as proprietors with [here state title] (except any minerals lying under the said holding which are hereby reserved to the Council) subject to the conditions contained in section 12 of the Small Holdings and Allotments Act, 1908. 2. The purchase shall be completed on the day of 19 [the date shall be such day as the Council determine, being , not less than one month after the applicant is informed that the (g) Insert "County Council of Borough of ," or "Town Council of the Forms. Forms. Council have decided to sell to him] at the office of 3. The holding is sold subject to the liabilities, rights and interests specified in the Schedule to this Agreement, and also to all other rights of way, water and drainage, easements, quit rents, land tax, tithe, or tithe commutation rent-charge (if any) affecting the holding, and to all rights (if any) of adjacent owners, and to all charges and liabilities (if any) of a local nature affecting the holding. 4. If any error, mis-statement or omission in the particulars of the holding, or in the measurements, or boundaries thereof, be discovered, the same shall not annul the sale, nor shall any compensation be allowed in respect thereof. The identity of the holding shall be assumed without any evidence beyond that afforded by a comparison of the description in the Register of Small Holdings kept by the Council, and the land certificate. 5. The purchaser will, under section 19 of the Land Transfer Act, 1897, be registered as proprietor with an absolute title, and shall not be entitled to any evidence that the holding is not subject to any liability, right or interest mentioned in the eighteenth section of the Land Transfer Act, 1875, which is not specified in the Schedule to this Agreement, except a statutory declaration to that effect made by the clerk to the Council. The Council shall not be bound to furnish any abstract of title, or to produce any deeds or any evidence of title, except as hereby expressly provided. 6. [On payment of the part of the purchase-money agreed to be paid by the applicant on completion] the purchaser shall be entitled, free of charge by the Council, to a land certificate issued in pursuance of the Land Transfer Rules relating to provisionally registered transfers, or, at the option of the Council, to a transfer of the holding in the prescribed form ready for registration, and prepared by and at the expense of the Council, and also to the land certificate [or if the sale is of a part only of the land comprised in the title, the land certificate having been deposited by the Council with the Land Registry for the registration of the purchaser]. The fee payable on such registration shall be paid by the Council. The purchaser shall at the same time execute a charge in the prescribed form to be prepared by and at the expense of the Council in respect of any perpetual rent-charge, charge repayable by half-yearly instalments, or terminable annuity, to secure the whole or part of the purchase-money for the small holding. 7. The purchaser shall at the request of the Council sign any application to the Land Registry which is necessary for the purpose of carrying out the sale. 8. If the purchaser shall fail to comply with any of the terms of this agreement, the Council may by notice rescind the agreement. SCHEDULE. [Here insert particulars of any liabilities, rights and interests referred to in section 18 of the Land Transfer Act, 1875, which are known to the Council.] Forms. 2. Model Rules of the Ministry of Agriculture and Fisheries for the Councils of Boroughs and Urban Districts as to Allotments. The making of Rules by a Borough or District Council under section 28 of the Small Holdings and Allotments Act, 1908, is optional. Such Rules require to be confirmed by the Minister of Agriculture and Fisheries before they can be of any force. Any Council proposing to make Rules should submit a draft copy to the Ministry; a copy of the Model Rules can be used for this purpose. Where it is proposed to make alterations of any importance it may save time and correspondence if the circumstances are explained when the draft is submitted. In considering the Model Rules, it should be remembered that the application of the Rules is not limited to land already acquired for allotments. For this reason, although some of the provisions in the Rules may seem to be unnecessary or inappropriate to the land already acquired, it may, nevertheless, be desirable to include them. In the case of very small allotments it may be found convenient to dispense with a written agreement and rely on section 28 (4) of the Act of 1908, which provides that Forms. Rules for the time being in force under that section shall be binding on all persons whatsoever. For this reason it is desirable that the Rules should cover, as far as possible, all matters which would be dealt with by written agreements for letting allotments. Provisions as to Market Garden Improvements. Where the use of the land for market-gardening is reasonable, the Ministry think no obstacle should be thrown in the way of such use, provided that terms as to compensation are arranged which are equitable as between tenant and Council, having regard to all the circumstances of the case and in particular to the extent of the Council's interest in the land. Under section 47 of the Small Holdings and Allotments Act, 1908, the tenant of an allotment has a right to compensation at the end of his tenancy for (1) planting of standard or other fruit trees permanently set out; (2) planting of fruit bushes permanently set out; (4) planting of asparagus, rhubarb, and other vegetable years; unless such improvements are expressly prohibited by the Council in writing and such prohibition is not over-ruled by the Board under sub-section (1) of that section. The compensation is based on the value to a hypothetical tenant, which might be considerably in excess of the value to the Council or the actual incoming tenant. If the allotment is by written agreement "let or treated as a market garden" and there is no provision in the lease prohibiting the erection or enlargement of buildings for the purpose of the trade or business of a market gardener, the tenant could not be prevented from carrying out such improvements and claiming compensation from the Council (see section 42 of the Agricultural Holdings Act, 1908). The right of the Council to claim against their landlord for these improvements is regulated by section 42 of the Agricultural Holdings Act, 1908, and section 47 (2) of the |