Ground 9 is rarely used in practice by private landlords, but it can be valuable in specific situations — most commonly where a landlord wishes to redevelop a property or carry out substantial works and wishes to offer the tenant an alternative property rather than (or in addition to) relying on Ground 6 (redevelopment). It can also arise where a landlord owns multiple properties and wishes to reorganise their portfolio, offering a sitting tenant a move to another of the landlord's properties.
The critical requirement of Ground 9 is that the alternative accommodation must genuinely meet the statutory criteria — it is not sufficient to offer any property and call it 'suitable'. The courts scrutinise Ground 9 cases carefully, and a landlord who offers inadequate or markedly inferior alternative accommodation will fail. The statutory criteria address four key dimensions: the security of tenure offered; proximity to the tenant's place of work; the rent level; and the size and character of the accommodation. Where all four criteria are met and the court finds it reasonable, possession can be granted.
Ground 9 — the two routes, Part II criteria and notice requirements
The legal framework for Ground 9 and how suitable alternative accommodation is assessed:
- Ground 9 — Part I (local authority certificate) and Part II (private alternative accommodation): Ground 9 can be established in two ways: Part I: the local authority certifies in writing that it will provide suitable alternative accommodation for the tenant by the date specified in the possession order. In practice, this route is uncommon for private landlords as local authorities rarely issue such certificates except in exceptional circumstances (e.g., where the local authority itself has an interest in recovering the property). Part II (the more common route for private landlords): the alternative accommodation offered meets all of the following criteria: (a) Security of tenure: the alternative accommodation must be let on an assured tenancy (HA 1988) — or on assured shorthold terms where the tenant would have the same security as an assured tenant — so the tenant is not offered a less secure tenancy than they currently hold; in practice this means the offered accommodation should provide equivalent or better security. (b) Proximity to place of work: the alternative accommodation must be reasonably suitable to the needs of the tenant and their family as regards proximity to their place of work. This does not require the accommodation to be identical in location — but if the alternative property is significantly further from the tenant's workplace and this causes hardship (particularly if the tenant has no car and relies on public transport), the court may find it is not suitable on this criterion. (c) Suitable as regards rent: the rent of the alternative accommodation must be reasonably suitable to the means of the tenant — it should be at a broadly comparable rent level to the current tenancy, not significantly higher. (d) Suitable as regards extent and character: the alternative accommodation must be reasonably suitable for the tenant and their family as regards the extent (size — number of bedrooms; overall space) and character (type of property; facilities; amenity) of the accommodation. A tenant with 3 children cannot be offered a 1-bedroom flat; a tenant in a semi-detached house cannot be offered an HMO room. Notice: Section 8 notice specifying Ground 9; minimum 2 months' notice — longer than most Section 8 grounds; from 1 May 2026 in England (RRA 2025), the new prescribed notice replaces the Section 8 form but the 2-month minimum for Ground 9 equivalent is retained
- Court discretion, overlap with Ground 6 and practical considerations: Discretionary nature: Ground 9 is discretionary — the court considers both whether the alternative accommodation is suitable AND whether it is reasonable to make the possession order. Reasonableness factors: (a) whether the landlord has a genuine and pressing need to recover the property; (b) the disruption caused to the tenant by moving; (c) the tenant's length of occupation and personal circumstances (elderly; disabled; young children); (d) whether the alternative accommodation is truly comparable in all respects; (e) whether the landlord has acted in good faith throughout. Overlap with Ground 6 (redevelopment): Ground 6 is a mandatory ground available to landlords who intend to demolish or reconstruct the dwelling or to carry out substantial works requiring possession of the whole. Ground 6 does not require the landlord to provide alternative accommodation. Ground 9 is an alternative approach where the landlord wishes to offer alternative accommodation (possibly because their claim under Ground 6 is uncertain, or because they wish to treat the tenant fairly). The two grounds can be pleaded in the alternative. Evidence required for Ground 9: (1) details of the alternative property offered (tenancy agreement; rent; address; size; photographs); (2) evidence that the alternative accommodation meets Part II criteria (ideally a surveyor's report or independent assessment); (3) evidence that the alternative has been formally offered to the tenant (written offer letter; correspondence); (4) the tenant's response to the offer; (5) comparison of current and alternative property rent levels. Warning: courts will scrutinise the offer carefully — if the alternative accommodation is significantly smaller, in a worse location, or at a higher rent, the claim is likely to fail
RRA 2025, Scotland, Wales and Northern Ireland
Ground 9 under the post-RRA 2025 regime and the position in the devolved nations:
- RRA 2025 (England from 1 May 2026) — Ground 9 retained: Ground 9 (suitable alternative accommodation) is retained as a discretionary ground under the Renters' Rights Act 2025. Key changes from 1 May 2026: (a) Notice form: the Section 8 notice form is replaced by a new prescribed notice under the RRA 2025 framework; the 2-month minimum notice period for Ground 9 equivalent is retained; (b) Tenancy type: with Section 21 abolished and no new fixed-term ASTs in England from 1 May 2026, all new tenancies are periodic from the outset; Ground 9 becomes more significant for landlords who need to recover possession without fault (such as for redevelopment or portfolio reorganisation) as Section 21 is no longer available as an easy no-fault route; (c) Transition: for tenancies that were ASTs before 1 May 2026, transitional provisions apply for notices served around the commencement date — the Section 8 form continues for notices served before commencement; (d) Mandatory grounds: Ground 9 remains discretionary; landlords cannot rely on it as a guaranteed route to possession. Post-RRA 2025 strategic use: where a landlord wishes to redevelop a property and the tenant has been in occupation for a significant period, offering genuine suitable alternative accommodation under Ground 9 (alongside Ground 6 where applicable) can be both legally effective and reputationally sound — the tenant is not left homeless and the court is more likely to find possession reasonable
- Scotland, Wales and Northern Ireland — devolved equivalents: Scotland: the Private Residential Tenancy (PRT) framework (Private Housing (Tenancies) (Scotland) Act 2016) has 18 grounds for repossession. Unlike the HA 1988 Schedule 2 framework, there is no direct equivalent to HA 1988 Ground 9 in the PRT grounds. The closest PRT grounds relate to the landlord's intention to sell (PRT Ground 1); use by the landlord or family member (PRT Grounds 2-4); or substantial works requiring vacant possession (PRT Ground 8 — the landlord intends to carry out substantial refurbishment). Where a Scottish landlord wishes to recover possession for redevelopment, they would typically rely on Ground 8 (substantial works) rather than an accommodation-offer ground. Under PRT, the landlord serves a Notice to Leave specifying the ground — the First-tier Tribunal (Housing and Property Chamber) adjudicates if the tenant challenges. Wales: Welsh Occupation Contracts (RHWA 2016) operate differently from HA 1988 tenancies. The RHWA 2016 provides for a 'serious breach' and 'estate management' grounds framework. For possession arising from a need to use the property for another purpose or to redevelop, the occupation contract terms and any 'estate management grounds' in the contract should be reviewed. The RHWA 2016 does not replicate the HA 1988 Schedule 2 Ground structure — seek Welsh-specific legal advice. Northern Ireland: the Private Tenancies (NI) Order 2006 provides for possession on specified grounds. NI has not adopted the RRA 2025 reforms; fixed-term tenancies remain available; possession grounds are set out in the PT(NI)O 2006 and include grounds relating to landlord occupation and major works — these differ in detail from the England and Wales framework
Frequently asked questions
What is Ground 9 and when can I use it?+
Ground 9 of Schedule 2 to the Housing Act 1988 allows you to seek possession of a rental property where suitable alternative accommodation is available (or will be provided by the local authority) for your tenant when the possession order takes effect. The most common private landlord use is where you want to recover a property for redevelopment and are willing to offer the tenant another property you own. Ground 9 is discretionary — the court must decide both that the alternative accommodation genuinely meets the statutory criteria (security; proximity to work; similar rent; suitable size and character) and that it is reasonable to grant possession.
How long a Section 8 notice do I need to serve for Ground 9?+
Ground 9 requires a minimum 2 months' notice on the Section 8 notice — one of the longer notice periods in Schedule 2 to the Housing Act 1988. From 1 May 2026 in England, the Section 8 form is replaced by a new prescribed notice under the Renters' Rights Act 2025 framework, but the 2-month minimum for the Ground 9 equivalent is retained. The notice must specify Ground 9 and provide sufficient details of the alternative accommodation being offered so the tenant can assess whether it meets the criteria.
What makes alternative accommodation 'suitable' under Ground 9?+
The HA 1988 Schedule 2 Part II criteria require that the alternative accommodation: (a) is let on an assured tenancy (or equivalent security — no less secure than the current tenancy); (b) is reasonably suitable as regards proximity to the tenant's place of work; (c) is reasonably suitable as regards rent (at a broadly comparable level to the current tenancy — not significantly more expensive); (d) is reasonably suitable as regards extent (size — similar number of bedrooms; adequate space for the household) and character (type of property; amenities; facilities). The court will scrutinise all four criteria independently — failing on any one is likely to defeat the Ground 9 claim. Prepare evidence that the alternative property meets each criterion, ideally with an independent assessment.
Is Ground 9 still available after the Renters' Rights Act 2025?+
Yes. Ground 9 (suitable alternative accommodation) is retained as a discretionary possession ground under the Renters' Rights Act 2025, which abolished Section 21 and new fixed-term ASTs in England from 1 May 2026. With Section 21 no longer available, Ground 9 becomes more strategically significant for landlords who need to recover possession without fault and are willing to offer the tenant genuine comparable alternative accommodation. The notice procedure changes from 1 May 2026 (new RRA 2025 prescribed notice replaces the Section 8 form) but the 2-month minimum notice and discretionary nature of the ground are unchanged.
- Section 8 notice — grounds, notice periods and court process →
- Ground 6 — redevelopment and substantial works possession →
- Ground 1 — landlord own occupation possession →
- Possession claims online — making and managing court claims →
- Renters' Rights Act 2025 — all possession grounds post-May 2026 →
- Eviction process — step-by-step guide for landlords →