Even if you can prove that suitable alternative accommodation exists and will be available, the court has full discretion to refuse possession if it is not satisfied it is reasonable to order it. Courts weigh the tenant's length of occupation, personal circumstances, disruption of the move, and the landlord's reason for seeking possession. Ground 9 is not a guaranteed route to possession.
Ground 9 of Schedule 2 to the Housing Act 1988 is one of the nine discretionary possession grounds available to landlords of Assured Periodic Tenancies in England from 1 May 2026. Unlike the mandatory grounds (such as Ground 8 rent arrears), a discretionary ground requires the court to be satisfied both that the ground is made out AND that it is reasonable to grant possession.
The two conditions for Ground 9
To succeed on Ground 9, the landlord must prove both of the following to the court's satisfaction:
- Condition 1 — Suitable alternative accommodation: That suitable alternative accommodation is available to the tenant at the time the possession order is to take effect, or that a Local Housing Authority has certified that it will provide suitable alternative accommodation by a specified date
- Condition 2 — Reasonableness: That it is reasonable in all the circumstances for the court to order possession. This is the court's overall discretion and is assessed holistically — the tenant's length of residence, personal vulnerability, the disruption of moving, and the landlord's purpose all weigh in the balance
What counts as 'suitable alternative accommodation'?
Part III of Schedule 2 to the Housing Act 1988 defines the test for suitability in detail. The key requirements:
- Security of tenure: The alternative accommodation must be let as an Assured Periodic Tenancy (or on terms that provide similar security) — a licence or an excluded tenancy does not satisfy this requirement
- Reasonably suitable to the tenant's needs: Having regard to proximity to work, character of the accommodation, and the extent and character of accommodation that a Local Housing Authority would provide for persons whose needs are similar to the tenant's
- Rental affordability: The alternative accommodation must be reasonably affordable for the tenant given their income and circumstances
- Furniture: If the current tenancy is furnished, the alternative accommodation must also be furnished (or the landlord must provide furniture)
- Household size: The accommodation must be reasonably suitable to the size and composition of the tenant's household — a family of five cannot be offered a one-bedroom flat
- Physical accessibility: If the tenant has mobility or disability needs that the current property accommodates (or has been adapted for), the alternative must meet equivalent accessibility requirements
Local Housing Authority certificate
Where a Local Housing Authority is involved in rehousing the tenant — for example, as part of a planned residential development, urban regeneration scheme, or housing authority exercise — the authority can issue a certificate under paragraph 3 of Part III of Schedule 2 to the Housing Act 1988. This certificate states that the authority will provide suitable alternative accommodation by a specified date.
A Local Housing Authority certificate is conclusive evidence that suitable alternative accommodation will be available. It removes the need for the landlord to independently prove suitability — although the court retains its reasonableness discretion. If an LHA certificate is available in your case, obtaining it significantly strengthens the Ground 9 claim.
Evidence to assemble before serving notice
- Details of the alternative accommodation: Full address, description, floor plan or letting particulars, and a statement of the rent and tenure terms
- Confirmation of availability: Written confirmation from the owner, landlord, or housing authority that the alternative accommodation will be available when the possession order takes effect
- Comparison with the current property: A schedule comparing the current property with the alternative — size, bedroom count, local authority area, proximity to tenant's work or school, furnished/unfurnished status
- Evidence of reasonableness: Why the possession is being sought — if it is for development, redevelopment, or family use, document the reason with planning permissions, architect's instructions, or a family member's statement of intention to occupy
- LHA certificate (if available): Apply to the relevant Local Housing Authority for a certificate if they are involved in providing the alternative accommodation
Procedural steps for a Ground 9 claim
- Serve a Section 8 notice (Form 3A) citing Ground 9. The notice must specify that the landlord intends to seek possession on Ground 9 and set out the grounds in the required prescribed form. The notice must give at least 2 months' notice
- Allow the notice to expire. Do not issue court proceedings before the notice period has expired
- Issue a Possession Claim at the County Court or using the Possession Claim Online system. Include in the claim form a witness statement setting out the details of the alternative accommodation and why it is suitable
- File your evidence bundle. The evidence bundle should include the current tenancy agreement, the Section 8 notice (Form 3A) with proof of service, the particulars of the alternative accommodation, and any LHA certificate
- Attend the hearing. Be prepared to cross-examine the tenant's evidence and to address the reasonableness discretion directly — courts will want to know the tenant's circumstances and why the move is appropriate in those circumstances
If you need possession to redevelop or substantially reconstruct the property, Ground 6 (redevelopment requiring vacant possession) may be more appropriate than Ground 9. Ground 6 requires 4 months' notice but has a structured test focused on the extent of the works rather than suitability of alternative accommodation. Use the <a href='/tools/ground-picker'>Section 8 Ground Picker</a> to assess which ground is right for your circumstances.
When Ground 9 is most useful
Ground 9 is most commonly used in the following scenarios by private landlords in England:
- The landlord owns multiple properties and is offering to move the tenant to a comparable property in the same portfolio — for example, to allow substantial works to the original property
- A housing association or charity landlord is participating in a council rehousing programme and the council is providing alternative accommodation
- The landlord has agreed in principle with a tenant to relocate them to a better property, and wants formal court recognition of that agreement in case the tenancy dispute escalates
- A development partner is acquiring a portfolio and has arranged alternative accommodation for existing tenants as part of the acquisition terms