Ground 5

What must be proved: 
a) The property is held for use by a minister of religion. 
(This means the property must be owned or managed by a religious organisation, or an entity that holds it specifically for use by a minister to perform religious duties.)

b) The property is required for occupation by a minister of religion to perform their duties. 
(The organisation must now need the property for a serving minister to use as part of their religious functions.)

Notice that landlord might seek possession under this ground: 

1. The landlord must have told the tenant before the tenancy began—in writing—that they might seek possession under Ground 5. 

2. The court has no discretion to waive this requirement. 

Possession during fixed term 
Not allowed. 

Minimum notice period that landlord will seek possession using this ground 
Two months. 

Mandatory Ground 
As this is a mandatory ground, if the landlord proves the ground, the court must order possession. There is no power vested in the court to consider ‘reasonableness’ of granting possession in relation to this mandatory ground if the landlord is able to prove the requirements of the Ground.