Loading...
Suitable alternative accommodation is available for the tenant or will be when the possession order takes effect.
Ground 9 of Schedule 2 to the Housing Act 1988 is a discretionary ground for possession that applies where suitable alternative accommodation is available for the tenant, or will be available when the possession order takes effect. The alternative accommodation may be provided by the landlord, by a local authority, or by any other person.
The concept of "suitable alternative accommodation" is defined in Part III of Schedule 2 to the Housing Act 1988. The accommodation must be reasonably suitable to the needs of the tenant and their family with regard to proximity to their place of work, the character of the accommodation compared to their current home, and the terms on which it is offered. If the alternative accommodation is offered on an assured tenancy, it must provide reasonably equivalent security of tenure.
Ground 9 is most commonly used by local authorities and housing associations seeking to transfer tenants as part of a reorganisation or regeneration programme. It can also be used by private landlords, but in practice it is rare for a private landlord to offer or identify suitable alternative accommodation for a tenant.
The notice period for Ground 9 is 2 months. The landlord must serve a Section 8 notice specifying Ground 9, identifying the alternative accommodation available, and allowing at least 2 months before proceedings are issued.
As a discretionary ground, the court will consider whether it is reasonable to grant possession in all the circumstances. Even if suitable alternative accommodation is available, the court may refuse to grant possession if it considers the move would cause undue hardship — for example, if the tenant has children in a local school, a medical condition that makes moving difficult, or strong community ties.
Ground 9 is not subject to the 12-month restriction under the Renters' Rights Act 2025. There is no time limit on when this ground can be used, provided the alternative accommodation genuinely exists and is suitable.
The burden of proof is on the landlord to show that the alternative accommodation is suitable. The court will scrutinise the offer carefully, and a vague promise that "something will be available" is unlikely to be sufficient. The landlord should provide details of the specific property, its location, size, condition, and the terms on which it is offered.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.