The Property Trust is the legal owner of all church property. Therefore, all occupancy agreements must be adequately drafted to reflect the correct arrangement and legal obligations of both parties. Without the appropriate agreements in place, the Property Trust is subjected to unnecessary liability.
Entering into incorrect agreements or arrangements which are not approved by the Property Trust will result in church council members being held personally accountable for any liability or claims arising from such occupancy or use of Church property. It is in the best interests of the church council members that Property Services is consulted prior to any agreements being entered into or granted.
Residential Tenancy Agreements
A residential tenancy agreement (also referred to as a lease) is a contract between a landlord and a tenant specifying the terms and conditions of their rental agreement. Tenancy agreements are usually put in place before letting out a property. Residential tenancy agreements are generally for six month or 12 month periods.
When you are letting out a residential property you are required to get a rental appraisal from a real estate agent. The Real Estate agent can also market the property for you and prepare the Residential Tenancy Agreement (RTA). Residential Tenancy Agreements can only be signed by a Property Trust delegate. Please forward RTA’s to email@example.com for signing.
It is also a good idea to have the agent manage the property for you. If the agent manages the property you will need a managing agency agreement with them. (Please see information below)
Property Services has agreements that the congregations can use (if required) for ministers living in Church properties.
Managing Agency Agreements
The Responsible bodies of the church council can sign Managing Agency Agreements however the following amendments must be made to Managing Agency Agreement prior to signing the agreement. Once the agreement is signed please email it to firstname.lastname@example.org
- Agent’s Authorities - All Residential Tenancy Agreements must be executed by The Uniting Church in Australia Property Trust (NSW), the Trusts do not delegate authority to the Managing Agent or its representative;
- Prior to lodgement or application of any form of legal action or the services of notice for such action (including CTTT) the Managing Agent must seek written consent from the appropriate Synod body (via Property Services) in accordance with UCA Regulation 4.9.2
- The agent ensures that the obligations of the Uniting Church in Australia Property Trust (NSW) are met under the Environmental Planning and Assessment Regulation 2000 as part of the Agents Management obligations.
A lease is a legally enforceable contract granting an occupant exclusive use of the premises. A lease defines the relationship between the owner, being the lessor, and the occupant, being lessee. In respect of the use and occupation of the premises. For more detailed information click here.
Licences are types of agreements that can be used to allow a person to occupy land or a building owned by another in return for rent or a licence fee, where the use of the land is non-exclusive. A licence should be used for Non-exclusive use of the premises. For more detailed information, click here.
Memorandum of Understandings (MOUs) specify mutually accepted expectations between two or more people or organisations as they work together toward a common objective. Generally they're not legally binding, and they don't involve the exchange of money.
The Uniting Church user agreement should not be used for long term or exclusive tenancies, residential purposes, or between other Uniting Church entities. They are not suitable for use by childcare operators.