When an existing lease expires, a tenant may have the “option” to renew the lease. Essentially a tenant has the right to have a new lease granted to them on the same terms as the existing lease. However, the rent will be reviewed in accordance with the rent review terms of the existing lease.

So,

York CathedralLast week, a NSW Supreme Court decision was handed down regarding the fate of a parcel of land on which a church building stands.  The findings of Lindsay J in this case serve as a timely reminder of the obligations and duties of trustees who hold property in their names, in this context, on behalf of a church body.

Facts of the Case

While some of facts of the case were contentious, the findings from Lindsay J paint a straightforward picture of the events that had occurred:

  • In 1978, five men, being members of a small congregation of Christians who worshipped under the name “The Apostolic Christian Church Nazarene-Sydney” (Church), purchased a property in Arncliffe, NSW (Land) for the purposes of enabling the congregation to worship and pray there.
  • While the Land was purchased in their five individual names, there was no doubt that the Land was purchased and used only for the advancement of religion.  The Judge was satisfied that the five individuals intended to hold the Land as trustees for the Church.
    Continue Reading Trustee Duties v Self-Interest – A Battle over Church Property