Ground 5: home needed for a minister of religion

Section 8 Ground 5 lets a let home in England be recovered when it is held for a minister of religion to live in while performing their duties, and it is now needed for that purpose. It is a mandatory ground with a 2-month notice period. It is rare for private landlords: unless the property is kept for a minister's use, you can't rely on it.

What Ground 5 means in plain English

The ground has two main parts:

1. the property is held for occupation by a minister of religion, as a home from which to carry out the duties of their office; and
2. the court is satisfied that it is required for occupation by a minister for that purpose.

The full wording also contains conditions about tenancies that arose by succession and about assured agricultural occupancies, so copy the whole ground rather than summarising it. The old requirement to warn the tenant at the start of the tenancy has been removed from the ground itself.

These rules apply to private assured tenancies in England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

Who can use Ground 5, and why most private landlords can't

Ground 5 suits homes such as a chapel house or a minister's residence that a religious body or its trustees let out while the post is vacant. The test is about why the property is held, not who you would like to house. If you bought a flat as an ordinary investment and want to offer it to a minister, it is unlikely to be "held" for that purpose.

Most private landlords who need a property back will find a better fit elsewhere:

• for yourself or close family, see Ground 1;
• to sell, see Ground 1A;
• to compare every option, see the full list of Section 8 grounds.

Section 8 Ground 5 notice period

You must give at least 2 months' notice, counted from the day you serve. The date in Form 3A question 2.1 should be the day after that period ends. A notice served on 4 January 2027 gives a date of 4 March 2027. If you add a ground with a longer period, the longest one sets the date; see Section 8 notice periods.

There is no 12-month protected period, so you can use Ground 5 early in a tenancy. Court proceedings must start within 12 months of service.

Prior statement. Ground 5 is one of the grounds you can flag in the written statement of terms for tenancies that began on or after 1 May 2026. If you didn't, you risk a civil penalty of up to £7,000, but the court can still order possession. The duty doesn't apply to existing tenancies that were wholly or partly in writing.

Evidence to gather

The court must be satisfied the home is needed for a minister, so your evidence has to show both the purpose and the need:

• documents showing the property is held as a minister's residence, such as a trust deed, title documents or the body's records;
• the letter appointing the incoming minister, with their start date;
• a short statement explaining why this home is needed for their duties, for example its closeness to the place of worship;
• the written statement of terms, if the tenancy began on or after 1 May 2026.

How to explain Ground 5 in Form 3A question 4.3

In question 4.2, copy the full legal wording of Ground 5 from GOV.UK's legal wording document. In question 4.3, explain the facts in your own words. A short example for a fictional landlord:

Ground 5. The property is the chapel house, held by the trustees of Example Street Chapel as a residence for the chapel's minister (trust deed extract attached). It was let while the post was vacant. Rev. Anna Hughes has been appointed minister from 1 April 2027 (appointment letter attached). She needs to live in the house, which adjoins the chapel, to carry out her duties.

See how to fill in Form 3A for the other questions.

What the court does

Ground 5 is mandatory. If the court is satisfied the conditions are met, it must order possession, subject to the limits in section 7 of the Housing Act 1988 and any human rights defence. The possession date is usually within 14 days, or up to 6 weeks for exceptional hardship. If you took a deposit, the court can only make the order once the deposit is protected and the prescribed information has been given, or it has been returned. Read mandatory vs discretionary grounds for how this differs from other grounds.

Pitfalls and penalties

Watch out: if the property is not genuinely held for a minister, the ground fails, and you may face a penalty for relying on it.

• Shortened wording. Leaving out the succession or agricultural conditions in question 4.2 can make the notice invalid. Serving a notice that doesn't comply with section 8 can attract a penalty of up to £7,000.
• No reasonable belief. Relying on the ground without reasonable belief that you could get possession risks a penalty of up to £7,000 if the tenant leaves within 4 months.
• No prior statement. For new tenancies, a missing statement means a penalty risk, even though the order can still be made.

What to do next

Confirm the property is held for a minister and gather the appointment details. If the case is disputed, or the ownership sits in a trust with several trustees, speak to a solicitor. Otherwise our builder prepares Form 3A with the GOV.UK wording and the correct date. Then read how to serve a Section 8 notice.