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The property is held for occupation by a minister of religion and is needed for that purpose.
Ground 5 of Schedule 2 to the Housing Act 1988 is a mandatory ground for possession that applies where the dwelling is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of their office, and the court is satisfied that the dwelling is required for that purpose.
This is a relatively niche ground that is most commonly used by religious organisations, dioceses, and charitable bodies that own housing specifically designated for use by clergy or ministers. It would not typically be used by private landlords unless the property forms part of a portfolio managed by a religious institution.
For Ground 5 to apply, the property must have been held for the purpose of providing accommodation for a minister of religion before the tenancy was granted. The landlord must also have given notice at the start of the tenancy that possession might be sought on this ground, although the court has discretion to dispense with this requirement if it considers it just and equitable to do so.
The notice period for Ground 5 is 2 months. The landlord (typically the religious body) must serve a Section 8 notice specifying Ground 5 and allow the full 2-month period to expire before beginning court proceedings.
Ground 5 is not subject to the 12-month restriction under the Renters' Rights Act 2025. This is because the ground serves a specific institutional need — ensuring that housing tied to a religious post remains available for the incoming minister — rather than being a general-purpose route to possession.
As a mandatory ground, the court must grant possession if the conditions are satisfied. The key issue in any disputed case will be whether the property is genuinely required for occupation by a minister of religion. If the religious body has changed its plans or no longer needs the property for a minister, the ground will not be made out. The court will examine the evidence to determine whether the stated need is genuine and current.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.