Section 8 Ground 9: Suitable Alternative Accommodation

Section 8 Ground 9 lets a landlord seek possession where suitable alternative accommodation is available for the tenant, either now or when the possession order takes effect. Use the generator below to produce a Form 3A noticeciting Ground 9, formatted for England under the Renters' Rights Act 2025.

✓ Updated July 2026

Housing Act 1988, Sch. 2

Form 3A compliant

Discretionary ground

England only

✓ Housing associations & local authorities✓ Form 3A (old Form 3 invalid from May 2026)✓ Suitability tests explained✓ 2-month notice period✓ England only

Section 8 Notice Generator — Ground 9

Suitable alternative accommodation · combine with Ground 6 for redevelopment cases · Form 3A format · notice period calculated automatically

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

What Is Section 8 Ground 9?

Ground 9 is one of the grounds for possession set out in Schedule 2 of the Housing Act 1988. It applies where suitable alternative accommodation is available for the tenant, either at the date of the hearing or by the time a possession order would take effect.

The Act states the ground applies where: “Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.”

Unlike grounds built on a tenant's conduct, such as rent arrears or antisocial behaviour, Ground 9 is not about anything the tenant has done. It is about whether the landlord can offer, or arrange, a comparable home elsewhere. This makes it particularly relevant to housing associations and local authoritiesmanaging stock transfers, regeneration schemes, or downsizing programmes, where an equivalent unit already exists within the same landlord's portfolio.

🏛 Where Ground 9 fits among the possession grounds

Ground 9 sits in Part II of Schedule 2, the discretionary grounds. It is frequently cited alongside Ground 6 (demolition or reconstruction) in redevelopment cases, where the landlord both needs the property back and can offer a comparable alternative to the tenant.

Is Ground 9 Mandatory or Discretionary?

Ground 9 is a discretionary ground. Proving that suitable alternative accommodation exists does not automatically result in possession. The court must also decide whether granting possession is reasonable, given the tenant's circumstances and the genuine suitability of the offer.

In practice, a judge weighing a Ground 9 case will typically consider:

  • Whether the alternative accommodation actually meets the Schedule 2 suitability tests
  • Whether a local authority certificate of suitability has been provided
  • The tenant's personal circumstances, including health, caring responsibilities, and schooling for children
  • How the move would affect the tenant's employment, community ties, and support networks
  • Whether the landlord has arranged reasonable compensation for removal expenses

Because the outcome depends on this weighing exercise, a landlord relying on Ground 9 should treat the suitability comparison as the central piece of evidence in the case, not a formality.

What Qualifies as Suitable Alternative Accommodation?

Schedule 2 Part IV of the Housing Act 1988 sets out two routes to establishing suitability. The first is a certificate from the local housing authority. The second is meeting a set of specific tests directly.

Route 1 — Local authority certificate

A certificate from the local housing authority confirming it will provide, or arrange, suitable accommodation for the tenant by a specified date. This is strong evidence of suitability, though the court retains discretion to consider the tenant's specific objections even where a certificate exists.

Route 2 — Meeting the statutory tests directly

Without a certificate, the landlord must show the accommodation independently meets each of the tests below. All the tests are assessed together; failing one materially can be enough for a court to find the offer unsuitable.

Statutory factorWhat the court looks for
Security of tenureThe new tenancy must give the tenant a status reasonably equivalent to an assured tenancy, or better.
Size and characterReasonably similar in size and type to the current home, suited to the needs of the tenant and their family.
Proximity to workReasonably suitable given the tenant's (and their family's) place of work, so the tenant is not forced into an unreasonable commute.
Rent and affordabilityThe rent must be broadly comparable to what the tenant currently pays, relative to their means, and not a significant increase in real terms.
Furniture (where relevant)If the current tenancy is furnished, the alternative should include comparable furniture, unless furniture is not reasonably required.

Source: Housing Act 1988, Schedule 2, Part III and Part IV. View Housing Act 1988 Schedule 2 — legislation.gov.uk ↗

How a Court Tests a Ground 9 Claim

Use the path below to see how a Ground 9 claim is typically assessed at a hearing.

Step 1 — Is there a local authority certificate of suitability?

If yes — the certificate is strong evidence of suitability. Proceed to Step 3.

If no — the landlord must prove suitability directly under the Schedule 2 Part IV tests. Proceed to Step 2.

Step 2 — Does the accommodation meet the statutory tests?

If all tests are met — the ground is established in principle. Proceed to Step 3.

If one or more tests fail— the claim is likely to be dismissed, regardless of the landlord's reason for wanting the property back.

Step 3 — Is possession reasonable overall?

The court weighs the tenant's personal circumstances, the genuineness of the offer, and any compensation arrangements. Only if the court finds possession reasonable at this final stage will an order be made.

Notice Requirements and Compensation Obligations

A Ground 9 notice must be served on the current prescribed Form 3A, giving a minimum of 2 months' notice from the date the tenant receives it. The old Form 3 has been invalid since 1 May 2026.

💷 Removal expenses

Section 11 of the Housing Act 1988 requires the court, when making a possession order under Ground 9, to order the landlord to pay the tenant's reasonable removal expenses, unless the court considers this unreasonable in the circumstances. Landlords should budget for this and address it in their evidence rather than leaving it to be raised for the first time at the hearing.

The notice period runs from when the tenant actually receives the notice, not from the date it is written or posted. For first-class post, add two working days to the posting date to establish the date of service.

Ground 9 vs Ground 6 vs Ground 1 — Full Comparison

Ground 9 is often confused with, or combined alongside, Grounds 6 and 1. Each addresses a different reason for wanting the property back.

Ground 6Mandatory (with conditions)

Basis

Landlord intends to demolish or substantially reconstruct the property

Key requirement

Work cannot reasonably proceed with the tenant in occupation

Compensation

Reasonable removal expenses, plus a statutory disturbance payment in many cases

Ground 9Discretionary

Basis

Suitable alternative accommodation is available for the tenant

Key requirement

Accommodation must meet the Schedule 2 Part IV suitability tests, or carry a local authority certificate

Compensation

Reasonable removal expenses, ordered unless the court finds this unreasonable

Ground 1Mandatory

Basis

Landlord or a qualifying family member intends to occupy the property as their main home

Key requirement

Prior occupation by the landlord, or written notice given at the start of the tenancy

Compensation

None required by statute

📌 Common combination

In estate regeneration schemes, landlords frequently cite Ground 6 (the property is being demolished or reconstructed) together with Ground 9 (a suitable replacement unit is available), giving the court two related routes to the same outcome.

Evidence to Prepare for a Ground 9 Claim

Because the entire claim rests on the comparison between two properties, documented, factual evidence carries far more weight than a general description.

1

Certificate of suitability, if available

A local housing authority certificate confirming the alternative accommodation meets the tenant's needs. This is the strongest single piece of evidence available to a landlord.

2

Side-by-side property comparison

Size, number of bedrooms, condition, and location of the current home against the alternative, addressing each Schedule 2 Part IV factor directly.

3

Rent and affordability comparison

The rent for the alternative property against the tenant's current rent and their income, showing the move does not create a disproportionate financial burden.

4

Correspondence with the tenant

Records showing the offer of alternative accommodation was made, when, and how the tenant responded, including any concerns they raised.

5

Compensation arrangements

A clear statement of the removal expenses being offered or arranged, in line with the Section 11 obligation.

Court Process, Timeline, and Tenant Defences

The court process

After the notice expires and the tenant has not agreed to move, the landlord files Form N5 (possession claim) at the county court. A hearing is listed, typically 4–8 weeks after filing. The court examines the suitability of the offered accommodation, considers the tenant's objections, and decides whether possession is reasonable.

Typical possession timeline

From serving the Form 3A to a possession order, the process commonly runs 4–6 months: 2 months for the notice period, several weeks for the court to list a hearing after filing, and time for the hearing itself. Regeneration and stock-transfer cases involving Ground 9 can run longer where multiple households are being rehoused on a coordinated timetable.

Common tenant defences

  • The alternative accommodation is a significantly longer or more expensive commute to work
  • The property is smaller or unsuitable for the family's size or a member's disability
  • The rent is materially higher relative to the tenant's income
  • The move would disrupt a child's schooling or a family member's care arrangements
  • The certificate of suitability, where relied on, did not properly account for the tenant's specific circumstances

Practical Examples

Example: estate regeneration

A housing association is demolishing a block of flats as part of a wider regeneration scheme. It offers each tenant a comparable flat on a nearby, newly built estate, at the same rent, with a local authority certificate confirming suitability. It cites Ground 6 and Ground 9 together on the Form 3A, and agrees removal costs with each tenant in advance.

Example: unsuccessful claim

A landlord offers a tenant a flat 40 minutes further from their workplace, with one fewer bedroom than their current three-bedroom home, at a slightly higher rent. The tenant, who has two school-age children, objects on suitability grounds. The court finds the size and location factors are not met and dismisses the Ground 9 claim.

How the Ground 9 Notice Generator Works

01

Identify the alternative property

Confirm the address, size, condition, and rent of the accommodation you intend to offer, and check it against the Schedule 2 Part IV suitability factors.

02

Obtain a certificate of suitability, if available

Where the alternative accommodation is provided by, or approved by, the local housing authority, a certificate confirming suitability strengthens the claim considerably.

03

Enter property and tenant details

Full current property address, tenant names exactly as on the tenancy agreement, and details of the offered alternative accommodation.

04

State the ground and the reasoning

Describe why the alternative accommodation meets the suitability tests, referencing size, location, and rent comparability.

05

Download the Form 3A PDF

Receive a notice formatted with the correct Ground 9 wording and a legally calculated 2-month expiry date, ready to serve on your tenant.

✓ What landlords receive

→ A completed Form 3A PDF — the only valid form from May 2026

→ Ground 9 wording, combinable with Ground 6 where relevant

→ A correctly calculated 2-month notice expiry date

→ A document formatted for filing alongside Form N5

→ Section 8 Notice Generator (main tool)→ Section 8 Ground 6 — Redevelopment→ Section 8 for Moving Back In (Ground 1)→ Section 8 Ground 10 — Some Rent Arrears→ Form 3A Generator — England→ Section 8 Multiple Grounds Generator

6 Mistakes That Weaken a Ground 9 Claim

Ground 9 claims are decided on the detail of the comparison between two properties. These are the most common errors that cause them to fail or stall at court.

1.

Offering accommodation that fails one of the suitability tests

If the alternative is materially further from the tenant's workplace, smaller, or costs noticeably more relative to income, the court can find it unsuitable and dismiss the claim, regardless of the landlord's good intentions.

2.

Assuming a certificate of suitability is automatically conclusive

A local authority certificate is strong evidence, but the court retains discretion and can still weigh a tenant's specific objections, particularly around personal circumstances the certificate did not account for.

3.

Not addressing removal expenses

Section 11 of the Housing Act 1988 requires the court to order reasonable removal expenses in most Ground 9 cases. Landlords who ignore this at the outset can face an unexpected cost or delay at the hearing.

4.

Using the old Form 3 after May 2026

Form 3 has been invalid since 1 May 2026. Any Section 8 notice, including one citing Ground 9, must use Form 3A. A notice on the wrong form will be rejected when the possession claim is filed.

5.

Serving with less than 2 months' notice

Ground 9 requires a minimum 2-month notice period. A shorter period is defective and cannot support a court claim, regardless of how suitable the alternative accommodation is.

6.

No documented comparison between the two properties

A bare assertion that the new property is "similar" rarely satisfies the court. A side-by-side comparison against each Schedule 2 Part IV factor, size, location, rent, and tenure, is what the hearing will actually test.

How This Guide Was Researched

This page is based on a direct reading of Schedule 2 of the Housing Act 1988, including Parts II, III, and IV, which set out Ground 9 and the suitability tests, and Section 11, which sets out the removal expenses obligation. Notice period rules reflect the Renters' Rights Act 2025 as implemented from 1 May 2026. Guidance on GOV.UK regarding evicting tenants and the current prescribed Form 3A was cross-checked against the statutory text.

This guide provides general legal information for landlords, housing associations, and local authorities. It is not a substitute for independent legal advice. Suitability disputes and regeneration cases involving multiple households are often complex; consult a qualified housing solicitor before serving a notice on this ground.

🔄

Updated July 2026

Reflects the Form 3A requirement and the 2-month notice period for Ground 9 under the Renters' Rights Act 2025.

🇬🇧

England only

Section 8 of the Housing Act 1988 applies to assured tenancies in England. Wales operates under separate legislation with different forms and grounds.

⚠️

Not legal advice

This tool and guide assist with preparing a Ground 9 notice and provide general information only. For contested or multi-household cases, consult a housing solicitor.

References: Housing Act 1988, Schedule 2 — legislation.gov.uk · Section 11, Housing Act 1988 (removal expenses) — legislation.gov.uk · GOV.UK — Evicting tenants · Renters' Rights Act 2025 — legislation.gov.uk · Find a housing solicitor — Law Society
OD

Reviewed by OfficeDraft Editorial Team

Our team tracks UK housing legislation and reviews each Section 8 ground guide against the current text of the Housing Act 1988 and GOV.UK guidance. Last reviewed: 5 July 2026.

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Frequently Asked Questions — Section 8 Ground 9

What is Section 8 Ground 9?▾
Ground 9 is a discretionary ground for possession under Schedule 2 of the Housing Act 1988. It applies where suitable alternative accommodation is available for the tenant, or will be available when a possession order takes effect. It gives a landlord a route to recover a property while ensuring the tenant is rehoused on broadly comparable terms.
Is Ground 9 mandatory or discretionary?▾
Discretionary. Even where the landlord proves suitable alternative accommodation exists, the court decides whether granting possession is reasonable. The judge weighs the tenant's circumstances against the suitability of the offer.
What counts as suitable alternative accommodation?▾
Accommodation is suitable if a local authority certificate confirms it meets the tenant's needs, or if it independently satisfies the tests in Schedule 2 Part IV: broadly similar size and character to the current home, reasonably close to the tenant's place of work, and available at a rent the tenant can reasonably afford compared with their current rent.
Does the landlord have to pay removal costs under Ground 9?▾
In most cases, yes. Section 11 of the Housing Act 1988 requires the court to order the landlord to pay the tenant's reasonable removal expenses when possession is granted under Ground 9, unless the court considers this unreasonable given the circumstances.
What notice period applies to a Ground 9 notice?▾
A minimum of 2 months from the date the tenant receives the notice, served on the current prescribed Form 3A, which replaced Form 3 across England from 1 May 2026.
Who typically relies on Ground 9?▾
Housing associations and local authorities use it most, particularly during stock transfers, estate regeneration, or downsizing programmes where a comparable unit already exists within the landlord's own portfolio. Private landlords can also use it where they arrange a genuinely comparable tenancy elsewhere for the tenant.
How does Ground 9 differ from Ground 6?▾
Ground 6 is used where the landlord intends to demolish or substantially reconstruct the property and the work cannot proceed with the tenant in occupation. Ground 9 is used where suitable alternative accommodation exists for the tenant, whatever the landlord's underlying reason for wanting the property back. The two grounds are often cited together in redevelopment and regeneration schemes.
How does Ground 9 differ from Ground 1?▾
Ground 1 is mandatory and applies where the landlord or a qualifying family member intends to move into the property as their main home. Ground 9 is discretionary and turns on whether suitable alternative accommodation is available for the tenant. The two grounds address entirely different situations and are rarely cited together.
Can a tenant challenge a Ground 9 notice?▾
Yes. A tenant can argue the offered accommodation does not genuinely meet the suitability tests, for example because it involves a significantly longer commute, has fewer bedrooms than the family needs, is in worse condition, or costs materially more relative to their income. A certificate of suitability supports the landlord's case but does not remove the court's discretion to consider these objections.
What evidence should a landlord prepare for a Ground 9 claim?▾
A clear description of the alternative property, including size, condition, location, and rent. A structured comparison against the tenant's current home covering each Schedule 2 Part IV factor. Any certificate of suitability from the local housing authority. Correspondence showing the offer was made to the tenant and how they responded.

Related Section 8 Guides & Tools

→Section 8 Notice Generator — Main Tool→Section 8 Ground 6 — Redevelopment→Section 8 Ground 1B — Redevelopment→Section 8 Notice for Moving Back In (Ground 1)→Section 8 Ground 10 — Some Rent Arrears→Section 8 Ground 11 — Persistent Delay in Paying Rent→Section 8 Multiple Grounds Generator→Form 3A Generator — England→How to Fill in Form 3A Correctly (2026)→Section 8 vs Section 21: The Difference in 2026→Section 8 Notice Invalid — How to Fix It→Renters' Rights Act — Complete Guide for Landlords

⚠ Legal disclaimer

OfficeDraft's Section 8 notice generator helps landlords, housing associations, and letting agents prepare a Ground 9 notice in the correct Form 3A format. The tool and this guide give general legal information only and do not constitute independent legal advice. Ground 9 is discretionary, and outcomes depend on the specific suitability of the offered accommodation and the tenant's circumstances. If your case involves a suitability dispute, multiple households, or a regeneration scheme, seek independent advice from a qualified housing solicitor before serving a notice. A directory of solicitors is available at solicitors.lawsociety.org.uk.

Last updated: 5 July 2026 · Reviewed by OfficeDraft Editorial Team · About OfficeDraft

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