Leasing
Leasing of a property is an important event and requires adherence to a structured process. Below are outlined key guidelines.
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In consideration of the leasing of a property, the Presbytery needs to be consulted to assess the missional impact of the lease.
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A copy of the application form is to be forwarded to both Presbytery and Synod.
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The parties to a lease are The Uniting Church in Australia Property Trust (NSW) and the Lessor (if the property is owned by the other party and is to be rented to a Church entity), or the Lessee (if the property is owned by the Property Trust and is to be rented to the other party).
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The term of the lease determines whether the approval comes from Synod or Presbytery. Leases less than three years must be approved by Presbytery. Leases with a term in excess of three years must be approved by the Synod.
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When property is not a church/hall/manse, and the lease term is under 3 years, the property can be leased by the local congregation without obtaining approval from Presbytery and Synod (please use the Lease Automatic Approval Form).
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Specifically for a commercial lease, a valuation from a registered Valuer is recommended to determine the current value of the lease. The Valuer is to advise whether GST is included or not.
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For a residential lease, a standard agency agreement is sufficient. The standard agency agreement from can be sourced from your local news agent.
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It is recommended that a solicitor is appointed for commercial leases.
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Where the lease relates to Aged Care, Child Care or Education, approval must also be received from the relevant Board.
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All legal documents must be submitted to the Property Trust for execution.
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A Certificate of Correctness must accompany all legal documentation.
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For any fit-out works, all contract documents and warranties are to be forwarded to Property Services for safe keeping.
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Prior to completion, arrangement must be made with Property Services to insure the property.
