Legal & Property

The YBA Trust Group manages the trusteeship affairs and properties of the Association

It provides advice and expertise to local churches on matters relating to Trust deeds, church constitutions and rules, membership, property and legal concerns, through our YBA Legal and Property Officer, Ann Chesworth.

Ann supports and assists churches in legal, governance and property matters. Her main role is signposting and directing people to appropriate people for support, but Ann is also the first point of contact for churches on Trust matters.

Contact Ann by email.

The YBA Legal and Property Officer - Ann Chesworth

Update: Major Rental Law Changes – Is Your Church Prepared?

February, 2025

Big changes are coming to rental laws in England, and if your church rents out residential property, you need to pay attention. The upcoming Renters’ Rights Act, expected to come into force in the spring or summer of this year (2025), is set to transform tenant rights and landlord responsibilities. But what does this mean for churches that rent out homes or other properties? Let’s break it down.

The most significant shift in the new law is the abolition of assured shorthold tenancies. This means:

  1. No More ‘No-Fault’ Evictions – Landlords will no longer be able to use a Section 21 notice to remove tenants without providing a reason. Instead, all tenancies will automatically become assured tenancies, offering tenants stronger security.

  2. Stricter Grounds for Eviction– To regain possession of a property, landlords (including churches) must prove specific legal grounds, such as non-payment of rent or breach of tenancy agreements.

  3. Limitations on Rent Increases– The Act is expected to place restrictions on how often rent can be increased, meaning churches will need to carefully review rental agreements before the law takes effect.

  4. New Requirements for Written Agreements – If a tenant currently lives in church-owned property under an informal or verbal arrangement, a full written tenancy agreement will soon be legally required.

How This Affects Churches Renting Out Property

If your church already rents out residential property or plans to do so, you should take steps to prepare now. The Baptist Union has issued key recommendations to help churches navigate these changes smoothly.

  1. Review Existing Agreements:  Ensure all tenancy agreements are properly documented, up to date, and legally sound.

  2. Consider Future Plans: If your church may need to reclaim a rented property (e.g., for a minister’s accommodation or for sale), the new rules could make this process longer and more complex.

  3. Check the Rent Level: With expected restrictions on how often rent can be reviewed, now may be the time to ensure agreements reflect market rates before the law takes effect.

  4. Ensure Compliance: Churches using informal letting arrangements must issue formal written agreements to tenants before the new law imposes penalties for non-compliance.

Does This Affect Ministerial Housing?

The short answer is no. If your church provides accommodation for a minister without requiring rent, these changes will not apply. The Act specifically targets residential lettings where rent is paid

Final Thoughts: Act Now to Stay Ahead

With the law expected to come into force within months, churches cannot afford to wait. The Baptist Union has updated its guidelines to help churches comply with the new rules. Taking action now by reviewing tenancy agreements, seeking legal advice, and planning for the future will ensure that your church remains legally compliant and well-prepared for this major shift in rental laws.