Section 8 Ground 5: property required for a minister of religion
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Direct answer
Ground 5 is a narrow mandatory possession ground allowing recovery of a property held for occupation by a minister of religion when it is required again for that purpose. The minimum notice period is 2 months. The current written-information duty is distinct from the former rule for saved pre-1 May 2026 notices.
This is legal information, not legal advice. If your situation is urgent or already in court, call Shelter on 0808 800 4444 or contact your local Citizens Advice for free expert advice.
Free checkers
- Section 8 checker
Run the free interactive Section 8 checker for a personalised analysis based on your facts. - All Section 8 grounds
Browse the hub of the main Section 8 possession grounds private renters face.
Other Section 8 grounds of the same type
- Section 8 Ground 6: demolition, reconstruction, or substantial works
Ground 6, Schedule 2 HA 1988: landlord intends to demolish, reconstruct, or carry out substantial works. Mandatory ground, 4 months notice, key defences. - Section 8 Ground 7: death of the former tenant
Ground 7, Schedule 2 HA 1988: tenancy inherited under a will or intestacy. Mandatory ground with residence, timing, and 2-month notice rules explained. - Section 8 Ground 7A: serious anti-social behaviour
Ground 7A, Schedule 2 HA 1988: qualifying serious anti-social or criminal behaviour. Current immediate proceedings and 14-day order floor explained. - Section 8 Ground 7B: no right to rent
Ground 7B, Schedule 2 HA 1988: tenant has no right to rent in the UK. Mandatory ground requires Home Office notice. 2 weeks notice period. Defences explained. - Section 8 Ground 1: landlord or family moving in
Ground 1, Schedule 2 HA 1988: landlord or close family member needs the property. Mandatory, 4 months notice, 12-month tenancy minimum. Defences explained. - Section 8 Ground 1A: landlord intends to sell
Ground 1A, HA 1988: landlord intends to sell. Mandatory, 4 months notice, 12-month protected period, compulsory-acquisition exception, and proof explained.
Related guidance inside this topic
- If your next step turns on Section 8 grounds and possession procedure, read eviction notice response guide.
- For the dates, forms, and evidence behind Section 8 grounds and possession procedure, see how long eviction takes guide before you respond.
- If this issue overlaps with Section 8 grounds and possession procedure, check Eviction court hearing: what tenants should expect to compare the legal tests.
- For a fuller breakdown of Section 8 grounds and possession procedure, use Section 8 notice defects guide for the underlying rule set.
- If you need the route-specific rules on Section 8 grounds and possession procedure, start with Section 8 checker so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England. - GOV.UK: grounds for possession tenant guidance
Government guidance for tenants on possession notices, grounds, court, possession order, and enforcement stages. - Shelter Legal: Section 8 notices
Shelter Legal guidance on Section 8 notice validity, Form 3, particulars, service, notice periods, and time limits.
Related articles
- Section 8 eviction grounds in 2026
The main guide to mandatory and discretionary Section 8 grounds, notice periods, evidence, and court reasoning. - Can my landlord evict me in 2026?
A route-selection guide for tenants trying to distinguish valid possession, informal pressure, and unlawful eviction. - Section 8 notice periods by ground in 2026
Section 8 notice periods by ground after 1 May 2026. Compare rent arrears, sale, occupation, breach and anti-social behaviour timings. - Section 8 Form 3A and Form 3: what tenants should check
Received a Section 8 notice in England? Check Form 3A or an older Form 3 for missing details, dates and grounds. Start a free notice check. - Possession order: what happens next?
What happens after a possession order in England: dates, suspended orders, outright orders, warrants, bailiffs, urgent advice, and evidence to keep.
Common questions
- Does Ground 5 apply to any property owned by a religious body?
- No. Only properties held for occupation by a minister of religion as a residence from which to perform their duties. A general buy-to-let owned by a religious organisation, but not designated for ministerial use, is not within Ground 5.
- What if the property has been used for non-ministerial purposes for years?
- If the property has not in fact been held for ministerial occupation, that undermines the basis for Ground 5. A history of letting on the open market is evidence that the religious-residence purpose may have been abandoned.
- Are there alternative grounds the religious-body landlord could use instead?
- Possibly, but every alternative ground has its own facts and landlord-eligibility limits. A corporate or religious body cannot use Ground 1 as though it were an individual moving into a home, and Ground 1A is unavailable to specified social landlords. Check the exact ground pleaded.
- Does a Ground 5 Section 8 notice mean I have to leave immediately?
- No. A Section 8 notice never gives a landlord the right to evict you on its own. Even after the notice period expires, the landlord must apply to the county court, win a possession order, and then book a court bailiff. Until a bailiff with a warrant attends, you do not have to leave. If anyone tries to remove you without that paperwork, that is illegal eviction.
- Where can I get free, urgent advice?
- Call Shelter on 0808 800 4444 or contact your local Citizens Advice. If you are at immediate risk of being locked out, contact the police and your local council's tenancy relations team. This guide is legal information, not legal advice.
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