Housing allowance
Specimen form of agreement for letting by a PCC to an assistant curate

It is the PCC's responsibility to provide accommodation free of charge for stipendiary assistant curates and stipendiary accredited lay ministers. The PCC is responsible for payment of the water rate, buildings insurance, repairs, external decorations and all existing and future rates and taxes payable in respect of the property and the annual statutory gas safety check (but not the Council Tax, which is paid by the Diocesan Board of Finance except for a few cases where the occupant is a PCC appointment).

It is recommended that, at the least, the property should be semi-detached and have three bedrooms, two separate reception rooms, a downstairs wc and a garage or off-street parking, although it is recognised that it may not be possible, or absolutely necessary, to meet all of these criteria in every case. The Church Commissioners offer value linked loans to a maximum of £50,000 to assist with the purchase of houses for full time stipendiary assistant curates and accredited lay ministers. Application forms can be obtained from the Diocesan Secretary who will be pleased to provide further information about this scheme.

Where an assistant curate or accredited lay minister, by agreement with the incumbent and the PCC, occupies his or her own accommodation, a housing allowance should be paid and the amount agreed before the appointment commences. In the case of a curate or licensed lay worker married to a priest who occupies an official residence, or who enjoys comparable free accommodation or its equivalent from a source other than the Church, an allowance would not be payable. In all other cases it is equitable that an allowance should be paid. Thus it should be paid to a curate or licensed lay worker whose spouse is in a secular job and is providing the home (rented or otherwise) from his/her own resources. In all such cases (unless the recipient is prepared to waive all or part of the due sum) the allowance should be calculated in accordance with the recommendations in these guidelines. In calculating the appropriate gross level of housing allowance, PCCs will need to remember that the allowance is subject to deductions for tax and national insurance, and that curates living in their own houses do not enjoy the same tax-free concession in respect of expenditure on heating, lighting, cleaning and garden upkeep as those living in 'official' houses.

There is no set formula for determining the amount of a housing allowance and each case should be considered on its merits. The Board of Finance recommends that, in general, a housing allowance is based on what the Local Authority would
charge by way of rent and water rate for the type of property which would normally be provided for the job in question, grossed-up for tax and national insurance. However, this is a matter for the PCC to decide. Housing allowance should be paid with the stipend so that tax is deducted at source. The Diocesan Office will make the necessary arrangements with the Church Commissioners and it is essential for the PCC treasurer to inform the stipends section in the Diocesan Office of the amount to be paid and to arrange for the PCC to reimburse the Board of Finance on a monthly basis.

ASSISTANT CURATES' HOUSES

Specimen form of agreement for letting by a PCC to an assistant curate:

AN AGREEMENT made the ________________ day of _________20_____
BETWEEN THE PAROCHIAL CHURCH COUNCIL OF THE ECCLESIASTICAL PARISH OF
__________________________ in the County of
_______________________________________ and in the Diocese of St. Albans (hereinafter referred to as 'the Council') of the one part and THE REVEREND_________________________________ of
_________________________________ Clerk in Holy Orders and Assistant Curate of the said parish of _____________________________ (hereinafter referred to as 'the Curate') of the other part.

WHEREAS the premises known as
___________________________________________________ (hereinafter referred to as 'the premises') are held for and on behalf of the Council as (inter alia) a residence for an assistant curate in the said Parish.

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. SUBJECT to the provisions of Ground 5 of Part 1 of Schedule 2 of the Housing Act 1988 the Council in right of its interest in the premises hereby gives licence and authority for the Curate to occupy and use during the continuance of this Agreement ALL THAT piece of land with the dwellinghouse erected thereon and known as ________________ in the County of _____________________________________________________.

2. THIS Agreement shall commence as from the _____ day of __________________ 20____ and shall continue until either the Curate shall cease to be Assistant Curate of the said parish or this Agreement shall be determined in manner hereinafter appearing.

3. THE Curate hereby agrees with the Council as follows:
(a) To keep the interior of the premises including all fixtures and fittings therein the doors windows and sanitary and water apparatus thereof in good tenantable repair and condition and in such repair and condition (reasonable wear and tear and damage by fire excepted) to deliver up the same to the Council at the expiration of this Agreement.
(b) Not to cut or damage the main walls and structure of the premises nor make any alteration or addition thereto.
(c) To keep the garden of the said dwelling house clean and tidy.
(d) To permit the Council or its agents and with or without workmen and others at all reasonable times to enter upon the premises and examine the condition thereof and also to do such works and things as may be required for the maintenance and repair thereof.
(e) To use the whole of the premises for private residential purposes only.
(f) Not to assign underlet or part with the possession of the premises.
(g) Not to do or permit anything to be done which may make void or voidable any policy for the insurance of the premises against fire or which may cause an increased premium to be payable for such insurance.

4. THE Council hereby agrees with the Curate to pay the water rates payable in respect of the premises.

5. IT IS HEREBY AGREED AND DECLARED by and between the parties hereto as follows:
(a) That either the Council or the Curate may terminate this Agreement at the end of any month by either party giving to the other on or before the last day of the immediately preceding month notice in writing to that effect.
(b) That the premises are to be occupied and used by the Curate for the purpose of the more efficient performance of the Curate's duties as such Assistant Curate as aforesaid and on the determination of the Curate's appointment this Agreement shall also determine forthwith.
(c) Nothing herein contained shall create the relationship of Landlord and Tenant between the parties hereto.

AS WITNESS the hands of
________________________________________________ the Chairman presiding at the meeting of the Council at which this Agreement is signed
__________________________

and

________________________________________ two other members of the Council present at such meeting and the hand of the Curate the day and year first before written.