The following are some examples of the ways you may wish to use the property, besides enjoying it as a home and ministry base. Please contact the Parish Support Team for a discussion of requirements in the first instance; the Diocese will seek to support your in whatever way they can.
Lodgers and Other Lettings
Incumbents are entitled to let out rooms or garden space, but they will require a standard agreement with the lodger(s) or tenant(s), which the Diocese will provide. This ensures that the arrangement is on a proper legal basis which will automatically lapse when the incumbent leaves the property. Please contact Savills to discuss.
Other clergy may let out rooms or garden space only with the consent of the Property Working Group. As with incumbents, they will also require a standard agreement in place, this time with the lodger(s) or tenant(s) and the Diocese, which the Diocese will provide. This is drafted in partnership with the registrar and the Diocesan safeguarding team. The standard form of agreement provides protection for clergy, lodgers and the Diocese. Please contact Savills to discuss.
Income received through the letting of any part of the property will have tax implications and require an annual property tax return in addition to the minister of religion tax return.
Business Use
There is no restriction on incumbents or their families operating a business from the benefice house. All other clergy are provided with a house under Common Tenure and permission in writing from an Archdeacon is required for any use of the property except as a private residence (verbal agreement is insufficient – a record of the agreement is required). This includes anyone residing at the property using the address to register as a sole trader or limited company.
In the absence of an Archdeacon, permission may be granted by the Diocesan Secretary or Assistant Diocesan Secretary. That permission will not be unreasonably withheld – the Diocese will support any such endeavours where they can.
However there are two points to consider:
- Whether some houses may be restricted by covenants which prohibit business activity. Savills will be able to advise.
- Whether the use of the premises could change the use of the building, and therefore require planning permission. This is unlikely to be the case if the house is simply used for administration. It is more likely to be the case if customers regularly visit the property.
In rare circumstances, if the building is generating income, it may in some circumstances be deductible from stipend as income from the incumbent’s office. The Central Stipends Authority issues an annual report which recommends how stipends are to be calculated. “Spare-time earnings” and “spouse’s earnings” are specifically excluded from the calculation, as are “informal letting of parsonage house rooms,” but with the proviso that “commercial letting of rooms on a significant scale,” for example in holiday areas, might need different arrangements. (See 51st Report, p.13 footnote 5)
Parish Use of Benefice Houses, Drives and Gardens
The Diocese have designated every clergy property as wholly and exclusively a home for its occupant(s). As such, the preferences and circumstances of the clergy person and their family take precedence when deciding whether or not it will be used by the parish for any purpose. Clergy may sometimes choose to allow parish activities to take place within the house (e.g. PCC meetings), drives (e.g. parking for parish officers), and garden (e.g. summer fetes). However, such arrangements happen by grace and favour of the current clergy, and they cannot be imposed on their successors.
Permanently locating the parish office in the clergyperson’s house is not permitted by the Parsonages Board. Individual clergy might choose to allow use of their study as parish office when there isn’t facility within the church grounds. However this is only by grace and favour, and is therefore temporary and such use cannot be carried over into vacancy or subsequent posts.
Please refer to the notes on insurance cover and claims in the Governance section of the Handbook.
Animals
Pets may be kept in the house or garden, but clergy are expected to show common sense in their choice of animals, particularly with regard to the maintenance of the house and garden, and relations with neighbours. The Parsonages Board is not responsible for providing additional fencing or other improvements to the boundaries of the garden required to prevent domestic animals escaping or predators entering.
Dog owners must ensure the garden is kept clear of faeces as many contractors refuse to undertake work at properties where gardens are not clear.