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Ground 5G: council homelessness placement ended

Section 8 Ground 5G lets landlords in England recover a home let under a council homelessness duty once the council says it isn't needed. Rules and deadlines.

Updated 25 October 2026Checked against legislation 25 October 2026England only

Key points

  • Ground 5G is a mandatory ground for homes where the tenant was placed under a council's main homelessness duty (section 193 of the Housing Act 1996).
  • The council must have notified you that the tenancy is no longer needed for that duty.
  • The date in your notice must be no more than 12 months after the council's notification.
  • It needs at least 4 weeks' notice and has no 12-month protected period.
Ground 5G at a glance
Ground
5G
Type
Mandatory (the court must order possession if proved)
Minimum notice
4 weeks
Usable in the first 12 months
Yes
Evidence to gather
  • The council's notification letter
  • Evidence of the homelessness placement

Section 8 Ground 5G lets you recover a let home in England where the tenant was placed there under a council's homelessness duty, and the council has told you the tenancy is no longer needed for that duty. It is a mandatory ground with a 4-week notice period. The date in your notice must be no more than 12 months after the council's notification.

What Ground 5G means in plain English

Two conditions must both be met:

  1. at some point, the tenant occupied the home under the local housing authority's main homelessness duty, in section 193 of the Housing Act 1996; and
  2. the council has notified you that the tenancy is not required for that duty, and the date in your notice is no more than 12 months after that notification.

The tenant only needs to have been there under the duty "at any time". It doesn't have to be the position today.

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 and can't use it

Private landlords who let homes to households placed by the council under its homelessness duty can use Ground 5G. You can't use it without the council's notification, or once more than 12 months have passed since it. It also doesn't apply where the council helped in other ways but the tenant never occupied the home under the section 193 duty. If you aren't sure which basis the council used, ask it in writing before you serve.

Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.

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Section 8 Ground 5G notice period and the 12-month deadline

You must give at least 4 weeks' notice, counted from the day you serve. The date in Form 3A question 2.1 should be the day after that period ends. The 12-month limit then runs from the council's notification to that date.

A worked example for a fictional landlord whose council letter is dated 12 November 2026:

Step Date
Notice served by hand Monday 23 November 2026
End of 4 weeks' notice, the date for question 2.1 Monday 21 December 2026
Latest safe date for question 2.1 (within 12 months of the letter) 11 November 2027
Latest service date for that date, with 4 weeks' notice 14 October 2027

To be safe, count from the date on the council's letter, not the day it reached you. Court proceedings must also start within 12 months of service. Our Section 8 notice period calculator works out the 4-week date.

Prior statement. Ground 5G 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 council's written notification that the tenancy is no longer required for its homelessness duty, with its date.
  • Evidence of the original placement under section 193, such as the council's referral or placement letter, or any agreement with the council.
  • The tenancy agreement and its start date.
  • A note of how and when you received the council's notification.

How to explain Ground 5G in Form 3A question 4.3

In question 4.2, copy the full legal wording of Ground 5G 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 5G. The tenant moved into the property on 3 March 2026 under Example Borough Council's main homelessness duty under section 193 of the Housing Act 1996 (placement letter attached). By a letter dated 12 November 2026 (copy attached), the council notified me that the tenancy is no longer required for that duty. The date in question 2.1 is within 12 months of that notification.

What the court does

Ground 5G is mandatory. If both conditions are proved, the court 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.

Pitfalls and penalties

Watch out: the 12-month clock starts with the council's notification, not with your notice. A letter that sits in a drawer for a year makes the ground unavailable.

  • No written notification. A phone call or an informal email from a caseworker may not be enough evidence. Ask for a letter.
  • Wording. Quoting only "Ground 5G" in question 4.2 can make the notice invalid. Our guide to invalid Section 8 notices lists the common errors.
  • Defective notice. 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.

What to do next

Get the council's notification in writing and diary the 12-month limit. Then prepare Form 3A; our builder works out the date and inserts the GOV.UK wording. Read how to serve a Section 8 notice, or compare options in the full list of Section 8 grounds, such as Ground 8 for serious rent arrears.

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Frequently asked questions

How do I get the council's notification?

The ground depends on the council telling you the tenancy is no longer required for its homelessness duty. If you think that duty has ended, ask the council's housing team in writing whether it still needs the tenancy, and keep their reply.

What if more than 12 months have passed since the council's letter?

Then Ground 5G isn't available on that notification, because the date in your notice must fall within 12 months of it. Look at the other grounds that fit your situation, or speak to a solicitor.

Can I include rent arrears grounds in the same notice?

Yes. A notice can rely on several grounds, and the date must respect the longest notice period. The main arrears grounds, 8, 10 and 11, also need 4 weeks, so they don't push the date back.

Sources

This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.