Property Leasing and Hire

Property Leasing and Hire

All use of parish property where the activity is not controlled by the Parish Council must be documented with the parties involved. The documentation for the external use of a parish hall/centre can take two forms:

• A lease is used where the arrangement is regular, commercial, substantial in length, high in time utilised per week and/or exclusive use of a space (including storage). Information is provided to the Parish property Team to have the lease drafted and when agreed it must only be signed by authorised officers of the diocese and not the parish. All lessees must have public liability insurance.
• A Hall Hire Agreement is issued for single, occasional and community use that does not have a commercial purpose. This use will never include exclusive possession of part of the property over a long period. This document is available to be completed by the parish. Hirer’s liability insurance is provided to all hall users covered by a license who do not have their own public liability insurance.

Hall Hire Agreement can be signed by a Parish Warden or a hiring coordinator appointed by the parish council and retained at the parish office.

Churches

Buildings set apart by dedication or consecration for use as a church may only be used for the celebration of worship and the administration of the sacraments according to the order and use of the Anglican Church of Australia, and for activities consistent with the mission and ministry of the church, unless prior consent for another use has been given by the Archbishop.

There are strict procedures for the Archbishop permitting other faith communities to use churches for worship.

Contact your Archdeacon or the Parish Property Team for more information, and the necessary steps to obtain permission.

Residential Property

A lease of residential property (normally a rectory) is strictly controlled by the Residential Tenancies Act.

The Act applies to all residential property regardless of the condition, value of rent charged, or tenants performing work for the parish in exchange for accommodation.

The Department of Commerce provides useful information on its website, however the diocese strongly recommends that an experienced and licenced property manager is engaged to manage leased property to ensure detailed compliance with the Act, arms-length arrangements with the tenants and reduced risk to the parish and trustees.

All documentation for residential property must be signed by authorised officers of the diocese and cannot be signed by parish officers or appointed property managers.

Forms

The website has a template Agreement for Hall Hire form. This legal document must not be amended other than as indicated to add additional details.

Residential leases must comply with the Residential Tenancy Act.

Exemptions

Church property receives substantial rates and taxation concessions and exemptions from state and local governments. Where church property is used for other than church purposes this will impact on how these concessions and exemptions are applied.