Ground 9

What is the ground?

Ground 9 of Schedule 2 of the Housing Act 1988 allows a landlord to recover possession where there is suitable alternative accommodation available for the tenant.  When considering if the accommodation is suitable the Court would need to be satisfied that the property was of a similar type and price, give the same type of tenancy and would be equally convenient to the tenant's place of work.  Where possession is ordered the landlord also has to pay the tenant's moving costs.

What notice is required?

The landlord must have served a section 8 notice giving at least 2 months notice that possession is being sought on this ground before any proceedings are issued.

Is it a mandatory or a discretionary ground?

This is a discretionary ground of possession.

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