How To Arrange Long-Term Rentals

For long term use of church property by a 3rd party (ie a non-UCA entity[1]) a lease or licence is required.  This needs to be prepared by an authorised person eg a Real Estate Agent or Solicitor.

Congregation Office Bearers may engage a Real Estate Agent but are not authorised to sign a licence or lease.

Engaging A Real Estate Agent

Use a standard Managing Agency Agreement but delete the clauses relating to the following three things, before signing:

  1. Enter into and sign tenancy agreements

(Tenancy Lease Agreements are to be signed by the Property Trust only, not the RE Agent.)

  1. Exercise the Principal's right to enforce or terminate tenancy agreements including the services of notices/recovery of monies due
  2. Respond to any application by tenants before the Residential Tenancies Tribunal and represent the Principal in any such proceedings

(Approval from the Moderator is required before any legal action can be taken.)

Tenancy Leases or Licences

  • Obtain approval from the church council for the arrangement. Ensure that the proposal is minuted and that it is clear and self-sufficient to be quoted in the application you will need to make to Synod Property. Eg:

“That the property at 1111 The Street, Sydney be rented out for 12 months from 1 January 2000 at $800 per week.”

  • Complete the UCA Lease Application form, which requires approval and signatures from
    • 2 x Church Council Office bearers
    • Presbytery
    • Director of UME
    • Synod Property Services

NB Presbytery can arrange for the Presbytery and UME approvals once signed by your church council.

  • Arrange with your RE Agent or Solicitor to prepare the lease or licence and get the lessee or licensee to sign.

NB The lease or licence needs to be in the name of “The Uniting Church in Australia Property Trust (NSW) on behalf of ………………………….. Congregation”. Use your Congregation’s ABN

  • Prepare a Certificate of Correctness which requires
    • 2 x Church Council Office Bearers’ signatures for section 1,
    • RE Agent or Solicitor to sign section 2
  • Send to Property Services for their approval and signature:
    • UCA Lease Application form
    • Certificate of Correctness
    • Lease or Licence

[1] For a UCA entity, use a Memorandum of Understanding (MOU)