Residential Tenancy (Landlord) Template Clauses

These Template Clauses are for use when Model Trust Property is let on the basis of an assured periodic tenancy agreement (APT) and TMCP’s Template Assured Periodic Tenancy (Template APT) is not being used. If you would like to use the Template APT prepared specifically for Methodist Managing Trustees, please contact TMCP. This already includes the charity law and Methodist clauses.

If you are not using the Template APT, please incorporate the template APT clauses set out here (Residential Tenancy (Landlord) Template Clauses) in your alternative tenancy agreement. These will need to be included before the tenancy agreement can be approved. You and your letting agent may find the Residential Tenancy (Landlord) Checklist and the Residential Tenancy (Landlord) Guidance helpful in preparing the draft APT for approval.

Unless indicated otherwise, the only amendments that should be made are those necessary to take account of differences in terminology between the rest of the tenancy agreement and the template clauses such as if reference is made to “the premises” as opposed to “the Property”:

1. Parties

BETWEEN

(1) TRUSTEES FOR METHODIST CHURCH PURPOSES (a charitable body corporate established by the Methodist Church Act 1939 registered with Charity Number 1136358) of The Hive 47 Lever Street Manchester M1 1FN (the Board) as custodian trustees; and

(2) [FULL NAME OF FIRST MANAGING TRUSTEE] and [FULL NAME OF SECOND MANAGING TRUSTEE] and others being the members (or such of the members as have attained full age) of the [Church Council] OR [Circuit Meeting] OR [OTHER MANAGING TRUSTEE BODY] of [NAME OF MANAGING TRUSTEE BODY OR REGISTERED CHARITY NAME IF THE BODY IS REGISTERED WITH THE CHARITY COMMISSION(*2)] [(charity registered number [NUMBER])] whose collective address for service is [COLLECTIVE ADDRESS FOR SERVICE OF MANAGING TRUSTEES] (*3) (the Managing Trustees) and who collectively with the Board are referred to as the Landlord; and”

(3) [FULL NAME(S) OF TENANT(S)] of [ADDRESS] (the Tenant)

2. Definitions and Interpretation

The following definitions and rules of interpretation apply in this agreement:

2.1 Definitions:

The usual definitions found in tenancy agreements should be incorporated, including a definition of the Property, Rent and Term. The following terms must also be included to accommodate the charity law and Methodist law template clauses:

Model Trusts: the model trusts for the time being contained in Part III of Schedule 2 to the 1976 Act.

Property: insert description of the property including postal address.

Tenancy: the tenancy created under this agreement.

Term: from and including [DATE] and continuing from month to month until terminated in accordance with this agreement.

1976 Act: the Methodist Church Act 1976.

1988 Act: Housing Act 1988.

2011 Act: the Charities Act 2011.

2.2 References to the Managing Trustees include their successors from time to time ascertained in accordance with the provisions of Part II of Schedule 2 to the 1976 Act.

2.3 References to the Tenant include where the context so admits its successors in title.

2.4 References to the Board include a reference to the persons for the time being entitled to the immediate reversion to this Tenancy.

2.5 References to the Landlord are to the Board and the Managing Trustees together and to their respective successors in title and assigns and the persons from time to time entitled to the immediate reversion to this Tenancy.

2.6 In the event of the reversion of this Tenancy being transferred to a third party then all references in the body of this agreement to the Managing Trustees and/or the Board shall be to the Landlord.

2.7 Unless otherwise expressly provided, the obligations of the Tenant and any guarantor arising by virtue of this agreement shall be deemed to be made with the Managing Trustees and Board separately. The obligations of the Landlord are owed to the Tenant.

2.8 Wherever the Landlord undertakes an obligation to the Tenant in this agreement, that obligation shall be construed as being an obligation on the part of the Managing Trustees only and nothing in this agreement shall impose any personal or other liability on the Board as custodian trustee.

3. Charity law and Methodist law statements

The following provisions must be included in the body of the agreement:

3.1  The Board holds the Property as custodian trustees upon the Model Trusts and the Managing Trustees are the managing trustees of the Property ascertained in accordance with the provisions of Part II of Schedule 2 to the 1976 Act.

3.2 The Landlord has power under the Model Trusts to let the Property.

3.3  The Property is held by the Board, in trust for the [[Church Council] OR [Circuit Meeting] OR [OTHER MANAGING TRUSTEE BODY] of [NAME OF MANAGING TRUSTEE BODY - USE REGISTERED NAME IF REGISTERED WITH THE CHARITY COMMISSION]] a non-exempt charity and this Tenancy is not one falling within paragraphs (a), (aa), (c) or (d) of Section 117(3) of the 2011 Act, but there is power under the trusts of the charity to effect the disposition and sections 117 to 121 of that Act have been complied with. 

3.4 All relevant consents to the grant of this Tenancy have been obtained and those signing this agreement on behalf of the Landlord are authorised to do so by resolution made pursuant to Section 333 of the Charities Act 2011.

3.5 Pursuant to Section 9(8)(b)(ii) of the 1976 Act the Managing Trustees are empowered to execute this agreement in the name and on behalf of the Board.

If the tenant is a connected person:

3.6 The Managing Trustees certify that the Tenant is a connected person for the purposes of s.118([RELEVANT SUB-SECTION]) of the 2011 Act and that as charity trustees they have obtained an order from the Charity Commission authorising this disposition. (*4)

4. Grant

4.1 The Managing Trustees [at the request of the Guarantor (only required if there is a Guarantor)] in the name and on behalf of the Board let and as managing trustees let the Property to the Tenant for the Term.

4.2  The Tenant is first entitled to take possession of the Property on [DATE].

5. Rent

5.1 When the Tenancy ends, the Tenant shall be entitled to be repaid any part of the Rent that relates to days falling after the end of the Tenancy.

5.2 If the Landlord proposes an increase in the Rent, the Landlord must serve a notice in accordance with section 13 of the 1988 Act.

6. Termination clause

Please ensure that the tenancy agreement fulfils the requirements under paragraph 11 of The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 relating to the Landlord bringing an end to the tenancy specifies on which of the grounds in Schedule 2 of the Housing Act 1988 the landlord can re-enter the Property during the fixed term. The following is an example of type of provision that may be used:

6.1 The Landlord reserves the right to re-enter the Property if any of the Grounds set out in Schedule 2 of the 1988 Act apply. The Landlord cannot evict the Tenant without a court having first made an order for possession.

6.2 [The Landlord has given the Tenant prior notice of its wish to be able to recover possession on ground [5] in Schedule 2 to the 1988 Act.]

7. Landlord’s right to enter

The usual rights for the Landlord to enter the Property should be included but please ensure that the following rights specific to Model Trust property are also included:

7.1 The Landlord reserves the right for the Landlord, or any person acting on behalf of the Landlord, to enter the Property on giving at least 24 hours' prior notice in writing to the Tenant:

(a) to inspect the condition and state of repair of the Property including but not limited to carrying out such quinquennial inspections (*5) as may be required in accordance with the Standing Orders of the Methodist Church; and

(b) to show prospective tenants, ministers (*6) or purchasers around the Property (not required if the Property if not used as a Manse).

8. Other statements required under The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 (2026 Regulations)

The APT must include statements to address all applicable paragraphs of the Schedule to the 2026 Regulations. Those not already covered in the template Clauses above include:

Note that two authorised Managing Trustees must sign the agreement.

SIGNED by [NAME OF FIRST MANAGING TRUSTEE]:

................................................................................. (signature of authorised Managing Trustee)

 

SIGNED by [NAME OF SECOND MANAGING TRUSTEE]:

................................................................................. (signature of authorised Managing Trustee)

 

Footnotes
(*1)	Inset an appropriate contact address where the tenant can contact the Managing Trustees - usually that of the Superintendent Minister, a steward or a Circuit office is used
(*2)	Methodist trustee bodies whose income and assets exceed the relevant thresholds are required to register with the Charity Commission. Please use this option and insert the registered charity’s name and number here if relevant.
(*3)	Usually that of the Superintendent minister or a circuit office.
(*4)	Only include Template Clause 3.6 IF the Tenant is a connected person for the purposes of s.118 of the 2011 Act – ask TMCP if you are unsure whether to include this clause.
(*5)	Under Methodist Standing Orders all model trust properties must be inspected by a professionally qualified person at least once every 5 years. Managing Trustees are obliged to ensure that all necessary action required by the report is carried out.
(*6)	The term “ministers” includes Deacons and Presbyters.