Ground 9: suitable alternative accommodation

Ground 9 of Section 8 lets you ask the court for possession when suitable alternative accommodation is available for your tenant, either now or by the time the order takes effect. It is a discretionary ground with a 2-month notice period. Even if the accommodation is suitable, the court only orders possession if it thinks that is reasonable.

What Ground 9 means in plain English

Most grounds are about something the tenant did or something you need. Ground 9 is different: it is about whether the tenant has somewhere suitable to go. It suits a landlord who needs the property back for a reason no mandatory ground covers and who can show the tenant a genuine alternative home with similar security, for example a landlord with two flats who offers the tenant an assured tenancy of the other one.

If your reason is moving in, selling or major works, look first at the mandatory grounds: Ground 1 (you or family moving in), Ground 1A (selling) and Ground 6 (redevelopment). Ground 9 can sit alongside them.

Ground 9 section 8 conditions: suitable alternative accommodation

Part III of Schedule 2 to the Housing Act 1988 decides this. In outline, the condition can be met by:

• a certificate from the local housing authority that suitable accommodation will be provided for the tenant; or
• an assured tenancy, or a tenancy giving equivalent security, that meets the suitability tests set out in Part III.

Read Part III on legislation.gov.uk before you make an offer, and measure your offer against each test. The accommodation must be available now or when the order takes effect, so the offer needs to stay open through the court process.

Since 1 May 2026, the duty in section 11 to pay a tenant's removal expenses applies only to relevant social landlords letting social housing. A private landlord is no longer required to pay them under that section.

How much notice does Ground 9 need?

The minimum is 2 months, beginning with the day of service. The question 2.1 date on Form 3A should be the day after the period ends, which in practice is the same day-number two months later. A notice handed to the tenant on 2 November 2026 can give 2 January 2027.

Where the later month has no matching day, use the first day of the following month to be safe. A notice served on 31 December 2026 should give 1 March 2027. If you add other grounds, the longest notice period sets the date. Our notice period calculator handles the arithmetic.

Ground 9 has no 12-month protected period and no other time bar of its own. You must start proceedings within 12 months of service.

What evidence do you need?

• A written offer giving the address, type of tenancy, rent, start date and any other terms.
• Evidence that the accommodation meets the Part III tests, such as floor plans, photos and details of the location.
• The council's certificate, if you have one.
• The tenant's reply, if any, and notes of any conversations about the offer.
• Proof the accommodation is still available, updated before the hearing.
• Your deposit protection certificate and proof you gave the prescribed information.

How to write the Form 3A explanation (question 4.3)

Form 3A has no tick box for Ground 9 in question 4.1, so tick "Other". In question 4.2, copy the full legal wording from GOV.UK's legal-wording document. In question 4.3, explain the offer in your own words, with as much detail as you can. A short sample for a fictional landlord:

Ground 9. I own 7 Station Court, Anytown, a two-bedroom flat of the same size as the property and half a mile from it. On 26 October 2026 I offered the tenants an assured periodic tenancy of 7 Station Court at the same rent, starting on any date they choose from 1 December 2026. The flat is empty and will stay available until they move in. Copies of my offer letter, floor plans of both flats and photographs are attached.

What will the court consider?

Ground 9 is discretionary. The court must be satisfied both that suitable alternative accommodation is available and that it is reasonable to order possession, weighing the interests of you, the tenant and the public. Expect it to look at why you want the property back, how the offer compares with the current home, the tenant's circumstances and your own conduct.

If it decides an order is justified, the court can still adjourn, suspend or postpone it under section 9 of the Housing Act 1988.

Ground 9 mistakes to avoid

• Offering less security. A licence, a lodging arrangement or a short informal let is not an assured tenancy or equivalent security.
• Letting the offer lapse. If the accommodation stops being available before the order takes effect, the ground fails.
• Thin particulars. "Alternative accommodation is available" tells the tenant nothing. Give the address and the terms.
• Relying on Ground 9 alone when a mandatory ground fits your reason better.
• An unprotected deposit, which stops the court making the order.

This page covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

Our Section 8 notice builder adds the Ground 9 legal wording, works out the 2-month date and gives you an evidence checklist. For how the court treats discretionary grounds, read mandatory vs discretionary grounds, or compare all your options in the Section 8 grounds guide. If the tenant disputes that the offer is suitable, speak to a solicitor before the hearing.