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This note is about the letting of dwellings to tenants. It does not apply to "service occupancy" agreements for accommodation in connection with employment (mostly caretakers).

Most residential property held by trustees on behalf of local churches is held in accordance with the "trusts for ministers' residences and other church workers' residences" set out in the URC Acts of Parliament and reproduced in Part II of Section D of The Manual. However, some dwellings are held on other trusts specific to the situation, and often derive from legacies.

In all cases, letting is a matter for which the trustees are responsible, and which must be dealt with in accordance with the relevant trusts. Under the URC trusts this means that the trustees act in response to a church meeting resolution and require Synod approval. In other situations a church meeting decision may be enough. Not least because practices and procedures differ between synods and trustees, churches should consult their trustees when considering letting a manse or any other dwelling.

In addition to having the approval(s) or authorisation(s) required under the relevant trusts, the trustees also have to act in accordance with charity law. This means, in particular, obtaining the best terms reasonably obtainable, which in turn will usually require the advice of an estate agent, particularly on the rent payable.

There is a presumption of housing law that any letting of property, however informally it may be arranged, is an "assured shorthold tenancy". This has specific legal implications for the recovery of the property from the occupants. Proper documentation is therefore important.

The tenancy agreement will name as landlord the trustees who have legal ownership of the property. This does not prevent the local church from handling the day to day administration of the tenancy by arrangement with the trustees.

All of this points in one direction: churches must consult their trustees when beginning to consider residential lettings.

When a tenancy is to be brought to an end by the landlord at least two months' notice has to be given to the tenant(s) in a form prescribed by law. This is a further matter where early liaison between church and trustees is advisable.

See also Electrical and Gas Safety (241) and Insurance (861) for some of the practical details which arise in connection with lettings. Further, any foam-filled furniture provided by the landlord/church must be filled with non-toxic flame-resistant material.