Q&As

A church charity which owns residential property wants to let it under an assured shorthold tenancy only to members of the church. Can the charity do this or is there any aspect of discrimination law that the church has to bear in mind when offering its residences to potential tenants?

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Published on LexisPSL on 09/08/2019

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A church charity which owns residential property wants to let it under an assured shorthold tenancy only to members of the church. Can the charity do this or is there any aspect of discrimination law that the church has to bear in mind when offering its residences to potential tenants?

Firstly, it would be advisable to scrutinise the governing document or objects of the specific church charity or the denomination of the Church. It may be that this will show the basis upon which the decision is or was made. For instance, it is not unusual for church property to be held for the purpose of supplying living accommodation to members of needy (Church of England) clergy and/or their families.

Every charity needs to be registered at the Charity Commission unless they are an exempt charity under Schedule 3 of the Charities Act 2011 or are excepted and have a gross income not exceeding £100,000. Excepted charities are regulated b

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