{
  "url": "https://openlegislation.uk/housing-act-1988/schedule-2/part-I/crossheading-ground-5h",
  "json_url": "https://openlegislation.uk/housing-act-1988/schedule-2/part-I/crossheading-ground-5h.json",
  "legislation": "ukpga/1988/50",
  "legislation_title": "Housing Act 1988",
  "legislation_url": "https://openlegislation.uk/housing-act-1988",
  "path": "schedule/2/part/I/crossheading/ground-5h",
  "kind": "crossheading",
  "number": null,
  "heading": "Ground 5H",
  "text": "The landlord seeking possession is a registered provider of social housing or a charity and—\n(a)the tenancy was granted because the tenant met one or more eligibility conditions,\n(b)a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met,\n(c)either—\n(i)the tenant no longer meets the specified condition or specified conditions, or\n(ii)the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,\n(d)the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and\n(e)the tenancy was not granted—\n(i)pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,\n(ii)as a tenancy of supported accommodation, or\n(iii)in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.\nEach of the following is an “eligibility condition” for the purposes of this ground—\n(a)the tenant is in work, or work of a description specified in the condition, for which the tenant is paid;\n(b)the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid;\n(c)the tenant is—\n(i)of a particular age, or\n(ii)within a particular range of ages,\nspecified in the condition.\nFor the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to—\n(a)work for a particular employer or description of employer or work at a particular place of work or description of place of work;\n(b)the amount which the tenant is paid for the work;\n(c)the duration or expected duration of the contract or other arrangement under which the work is done.\nIn this ground a reference—\n(a)to work includes self-employment;\n(b)to seeking work includes seeking to become self-employed.\nThe question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement.\nBut if—\n(a)the terms of the tenancy agreement do not make any provision about that question,\n(b)there are two or more specified conditions, and\n(c)the tenant no longer meets one or more of those conditions,\nthe tenant no longer meets the specified conditions for the purposes of this ground.\nThe Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)—\n(a)to add, vary or remove any eligibility condition;\n(b)about the meaning of any eligibility condition.\nEligibility condition regulations may make different provision for different purposes.\nA statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 Ground 5H inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 1 para. 19 (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 14, 16, 17); S.I. 2026/421, reg. 2(b)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "anaw/2014/7",
      "affecting_title": "Housing (Wales) Act 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/50/schedule/2/part/I/crossheading/ground-5h",
    "retrieved_at": "2026-10-29T09:47:37.392139+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}