MANSE POLICY - APP 2
SOUTHERN SYNOD
MANSE POLICY 2005
APPENDIX 2 – THE LETTING OF MANSES
The Policy for the Letting of Manses is set out in paragraphs C.10-15. The following are more detailed arrangements.
It will often make good sense to let a manse during a vacancy. An Assured Shorthold Tenancy, under the Housing Act 1988, provides good protection to the Landlord and tenant. Under this agreement, the period for which a manse can be let is six months and this period is known as the "Term Certain" in the Tenancy Agreement.
The Manse Policy para C.13 sets out the possibilities arising when a manse becomes vacant. It is not legal for a local Church or its officers to enter into a Tenancy Agreement for a manse. Only the Trustees of the property have that power and they must fulfil all the requirements of the Charities Act 1993 - see below. The Trust should only act after approval for the letting of a manse has been given by Church Meeting and the Synod Property Committee, after consultation with the Area Property Adviser.
It is the responsibility of the local Church to find a suitable agent. The agent should be advised that the Trust acts as Landlord and that they must contact the Synod Property Officer. The agent will then be advised of the Manse Policy and Trustee’s requirements and the terms of appointment and standard Trustees’ form of the Tenancy Agreement to be used will be agreed. The advantage of employing an agent is that the management of the tenancy is independent of the local Church and should be effective. The disadvantage is that the agent will charge a fee - maybe up to 15% of the rent.
The Charities Act 1993 requires the Trust to seek advice on the best level of rent to be obtained on the open market in the area and provide a Best Rent Certificate. The agent should be able to supply this information. The rental income should be paid into the Manse Fund (para C.13), which will meet the cost of redecoration and maintenance to the agreed standard prior to the arrival of a new minister (para C.14). However, the local church will be expected to meet the cost of any such repairs and decorations which should have been carried out under para C.9 above when the manse was occupied by the last minister.
Periodic inspection should be made of the property during the vacancy. The local Church must advise the Insurers when the manse becomes vacant and when it is let. Council tax is the responsibility of the tenant. The rent should be reviewed annually and two months’ clear notice of rent increase must be given to the tenant. Bearing in mind any need for redecoration or other works, at least two clear months notice should be given to the tenant to ensure vacant possession when required. If an Assured Shorthold Tenancy is in force, the Landlord must give one month’s notice to quit on expiry date. If the tenant is “holding over”, two months’ notice must be given.
Note The Charities Act 1993 repeals and replaces most of the Charities Act 1960. The relevant parts regarding property are contained in Section 36 of the Act. It requires the Trust, before entering a lease of charity property to:
a) take advice on valuation;
b) give public notice of the intended lease if it is for a period exceeding two years (which it will not normally be in such cases).
This summary of the requirements of the Act is for information. It is the responsibility of the Trust, not the local Church, to conform to these requirements. But it is only with information from and co-operation with the local Church that this is possible.