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
Use of Property – Lodgers and Other Lettings Including Holiday Lets
If you would like to let part of your property, please contact the Assistant Diocesan Secretary (Operations and Governance), Sam Scott – sam.scott@winchester.anglican.org. We will check which of the categories below you fall into and advise the next steps.
It is important that you contact the property team about this as letting your property can have council tax and insurance implications.
General Lodgers Policy
There are two categories of housed clergy:
- Incumbents living in a parsonage house
A clergyperson licenced as an incumbent (i.e. not an associate, curate, etc) living in the house designated as the parsonage house (normally called a Rectory or a Vicarage) for that benefice.
- All other clergy living in a Common Tenure ‘house of residence’
All other clergy (including curates, associates) living in a house provided by the Diocesan Board of Finance (DBF)
Each category has a different process for letting part of their property:
- Incumbents living in a parsonage house
Incumbents are entitled to let out rooms or garden space, but they should obtain a standard licence agreement with the lodger(s), which can be arranged by contacting the Diocesan Registrar – there is a fee payable by the incumbent for this service. This ensures that the arrangement is on a proper legal basis which will automatically lapse when the incumbent leaves the property.
All clergy considering letting out part of their property should contact the safeguarding team for a conversation around this prior to entering any agreement. For more details on contacting the safeguarding team, click here: Safeguarding – Diocese of Winchester
- All other clergy living in a ‘house of residence’
Other clergy may let out rooms or garden space only with the consent of the Property Working Group. They must have two standard licence agreements in place: a lodger(s) agreement and a separate agreement between the Diocese and the clergy person. This legal agreement must be arranged by contacting the Diocesan Registrar – there is a fee payable by the clergyperson for this service. The standard form of agreement provides protection for clergy, lodgers and the Diocese.
To make a request for lodgers to the Property Working Group, please contact Sam Scott (sam.scott@winchester.anglican.org).
Clergy considering letting out part of their property must contact the safeguarding team for a conversation around this prior to entering any agreement. For more details on contacting the safeguarding team, click here: Safeguarding – Diocese of Winchester
Impact of Lodger Income on Clergy Stipend
Income received through the letting of any part of the property for lodgers or car park hiring will not be deducted from a stipend. However, there will be tax implications and require an annual property tax return in addition to the minister of religion tax return. Clergy should seek further advice from a tax specialist about this.
Insurance
Hosting a lodger may impact contents insurance. Clergy should seek advice from their insurer and inform them of this change.
Houses of Multiple Occupancy
Clergy must not permit Houses of Multiple Occupancy (HMO). These are properties rented to multiple occupiers (the exact number depends on the Local Authority) forming more than two households that share a toilet, personal washing facilities or cooking facilities. This requires a HMO Licence and can have planning implications. Operating a HMO without a license is an offence.
Holiday Letting
Clergy housing is provided for use as the private residence of members of clergy and their households. Clergy houses must not, therefore, be used for holiday letting (e.g. Airbnb, etc). It should be noted, that any income derived from holiday lets in contradiction of this policy can be deducted from a clergypersons stipend.
Driveway Letting
Clergy people wishing to let their driveway on a short term basis through online booking services (e.g. Just Park) should inform the DBF before listing their drive and provide the DBF with a copy of the agreement. Care must be taken that any agreement with booking services does not contain long term commitments, and will terminate automatically if the member of clergy moves to another post. Income from this will not be deducted from the stipend.
Vicarage Swaps
Some clergy may want to take part in ‘Vicarage Swap’ holidays. These are permitted for up to 2 weeks, if a clergyperson would like to arrange a longer ‘Vicarage Swap’ please contact Sam Scott (details below). Clergy should contact the safeguarding team and check with their insurance in case any safeguards are necessary.
If you have any questions about this policy or would like to let part of your property, please contact Sam Scott (sam.scott@winchester.anglican.org) who can advise you on next steps.
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.