Guides & FAQs
Charity Legal Guides & FAQs
Practical answers to common questions for charities, churches and faith-based organisations. Property, leases, supported housing, employment and fees.
Downloadable Resource Guides
Free practical guides for charity trustees and faith-based organisations. Enter your email address to receive the guide — no spam, no obligation.
8 pages · Free Guide
Trustee Guidance Notes
Duties, responsibilities & decision-making
A practical reference guide for charity trustees covering their core legal duties, decision-making obligations, Charity Commission requirements and how to protect themselves from personal liability.
- Core trustee duties under the Charities Act 2011 (as amended by the Charities Act 2022)
- Key changes introduced by the Charities Act 2022: easier disposal of charity land, relaxed trustee benefit and payment rules, and simplified merger procedures
- Acting in the best interests of the charity
- Managing conflicts of interest
- Trustee decision-making and resolutions
- Charity Commission reporting obligations
- Personal liability — when trustees are at risk
- Property transactions: what trustees must do
5 pages · Free Guide
Charity Lease Checklist
Before you sign — key points for trustees
A step-by-step checklist for charity trustees reviewing or negotiating a lease. Covers the key clauses to check, the questions to ask your solicitor, and the trustee resolutions required before exchange.
- Lease term, break clauses and renewal rights
- Rent review provisions and frequency
- Repairing obligations — full repairing and insuring leases
- Alterations and fit-out rights
- Assignment and subletting restrictions
- Charity Commission consent requirements
- Trustee resolutions before exchange
6 pages · Free Guide
SDLT & Stamp Duty Guide for Charities
Charities are exempt from Stamp Duty Land Tax
A clear guide to Stamp Duty Land Tax (SDLT) for charities. Charities are exempt from SDLT on property purchases where the property is held for charitable purposes — this guide explains the exemption, how to claim it and the conditions that apply.
- What is Stamp Duty Land Tax (SDLT)?
- The charity SDLT exemption — how it works
- Conditions for claiming the exemption
- What "held for charitable purposes" means
- Mixed-use properties and partial exemption
- How to claim the exemption on your SDLT return
- Clawback provisions — when the exemption is lost
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Charity Property
Do charities need a solicitor to sell property?
Yes. Under the Charities Act 2011, most charity land disposals require a qualified surveyor's report and specific trustee resolutions. A solicitor ensures compliance with these requirements and protects the trustees from personal liability.
What are the Charity Commission requirements for property disposals?
Under the Charities Act 2011, most charity land disposals require a qualified surveyor's report confirming the disposal is at the best price reasonably obtainable, specific trustee resolutions, and in some cases Charity Commission consent. We advise on the requirements for your specific disposal.
Can a charity buy property without Charity Commission consent?
In most cases, yes — charities can buy property without Charity Commission consent. However, the trustees must be satisfied the acquisition is in the best interests of the charity and within its objects. We advise on the trustee decision-making process and documentation required.
What is a charity land transaction report?
A charity land transaction report is a report by a qualified surveyor confirming that a proposed disposal of charity land is at the best price reasonably obtainable. It is required for most charity land disposals under the Charities Act 2011.
Leases & Licences
What is the difference between a lease and a licence for a charity?
A lease grants exclusive possession of a property for a term, creating a tenancy. A licence gives permission to use a property without exclusive possession. The distinction matters for security of tenure, Renters' Rights Act compliance and the rights of the occupier.
When should a charity use a licence to occupy?
A licence to occupy is appropriate where the charity wants to give someone the right to use a property without creating a tenancy — for example, ministerial housing, short-term accommodation or shared use arrangements. However, the substance of the arrangement determines whether it is a licence or a tenancy.
What is ministerial housing and how should it be structured?
Ministerial housing is accommodation provided to a minister as part of their role. It is typically structured as a licence to occupy rather than a tenancy, to avoid creating security of tenure. The structure must reflect the actual nature of the arrangement.
Can a charity grant a lease to another charity?
Yes. Charities can grant leases to other charities, subject to the usual requirements for charity land disposals. We advise on the appropriate structure, the Charity Commission requirements and the terms of the lease.
Supported Housing & Renters' Rights Act
How does the Renters' Rights Act 2026 affect charities providing supported housing?
The Renters' Rights Act 2026 (taking effect from 1 May 2026) abolishes fixed-term assured shorthold tenancies and Section 21 no-fault evictions. Charities providing supported housing need to review their tenancy structures, occupancy agreements and eviction procedures urgently.
Can charities use fixed-term tenancies for supported housing after May 2026?
After 1 May 2026, fixed-term assured shorthold tenancies will be abolished under the Renters' Rights Act 2026. Charities providing supported housing will need to use periodic tenancies or exempt accommodation structures. We advise on the appropriate structure for your circumstances.
What is exempt accommodation and does it apply to charities?
Exempt accommodation is a category of supported housing that is exempt from certain housing benefit rules. It applies where a charity or registered provider is the landlord and provides care, support or supervision to the tenant. We advise on whether your arrangements qualify as exempt accommodation.
What is a Readiness Review for charities?
A Readiness Review is a fixed-fee, structured legal review of a charity's supported housing arrangements in light of the Renters' Rights Act 2026. It assesses the charity's exposure, identifies high-risk arrangements and delivers a prioritised action plan.
Charity Employment
Can a charity employ ministers?
Yes, but the employment status of ministers is complex. Ministers may be employees, workers or self-employed depending on the nature of their role and the terms of their engagement. We advise on employment status, contracts and the specific considerations that apply to faith-based organisations.
What is the employment status of volunteers?
Volunteers are generally not employees or workers, as they do not receive remuneration. However, where volunteers receive benefits beyond reasonable expenses, the position may be less clear. We advise on the employment status of volunteers and the documentation required.
What employment documentation does a charity need?
Charities need written employment contracts for all employees, a staff handbook covering key policies, and documentation for any volunteers or sessional workers. We produce clear, proportionate documentation that reflects the realities of charity employment.
How does redundancy work in a charity?
Redundancy in a charity follows the same legal process as in any other employer — selection criteria, consultation, notice and redundancy pay. However, the practical and reputational considerations for charities can be significant. We advise on the process and help charities navigate it carefully.
Fees & Pro Bono
What is pro bono legal advice and do you offer it?
Pro bono legal advice is free legal advice provided to clients who cannot afford to pay. We have a discretionary pro bono commitment for smaller charities and faith-based organisations where the matter is appropriate and resources allow.
Do you offer fixed fees for charity legal work?
Yes. We offer fixed and capped fee arrangements for many charity legal matters — including property transactions, lease reviews, employment contracts and the Renters' Rights Act Readiness Review. We confirm fees in writing before any work begins.
How do you charge for charity legal work?
We charge on a time-spent basis for complex or unpredictable matters, and on a fixed or capped fee basis for more straightforward work. We always confirm the basis of our charges in writing before any work begins.
Can a charity get legal aid?
Legal aid for charity legal matters is very limited. Most charity legal work is not covered by legal aid. We offer fixed and capped fee arrangements and discretionary pro bono support to make our services accessible to charities with limited budgets.
General Charity Law
What is a trustee and what are their legal responsibilities?
A trustee is a person responsible for managing a charity. Trustees have legal duties to act in the best interests of the charity, comply with the charity's governing document, manage the charity's resources responsibly and comply with charity law. We advise trustees on their responsibilities and how to discharge them.
What is the Charities Act 2011?
The Charities Act 2011 is the main piece of legislation governing charities in England and Wales. It sets out the definition of a charity, the requirements for registration, the duties of trustees and the rules for charity land transactions. We advise charities on compliance with the Act.
Do you advise on Charity Commission matters?
At present, we do not advise on charity law regulation, Charity Commission compliance, or constitutional matters. Where specialist charity regulatory advice is required, we will tell you early and — where appropriate — signpost you to suitable advisers.
What is a faith-based organisation and how is it different from a charity?
A faith-based organisation is an organisation with a religious ethos or mission. It may or may not be a registered charity. Many faith-based organisations are registered charities; others operate as unincorporated associations or companies limited by guarantee. We advise faith-based organisations of all structures.
Have a question not answered here?
Our solicitors are happy to discuss your situation. Send an enquiry or call us directly — no obligation, no charge for an initial conversation.
Related Pages
Fees & Pricing
Transparent pricing for charity legal services.
Fees & Pro Bono
Fixed fees, capped fees and pro bono options.
Renters' Rights Act — Charities
What the Act means for charity landlords.
Readiness Review
Fixed-fee health check before 1 May 2026.
Supported Housing
Tenancy structures and licensing for charities.
Employment
Staff, ministers and HR for charities.
Send an Enquiry
Tell us about your charity or organisation and what you need. One of our solicitors will be in touch within one working day.