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 that allows a religious-body landlord to recover a property held for occupation by a minister of religion. It is rarely encountered in the private rented sector, and like Ground 2 it depends on the tenant having been told in writing before the tenancy that this ground might be used.

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.

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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: possession action process
    Government guidance on the possession claim process, including notice, 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.

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Common questions

Does Ground 5 apply to any property owned by a religious body?
No. Only to 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.
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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