Judicial review of housing decisions: a guide for tenants

Judicial review is a legal process where a court checks whether a public body made a decision lawfully. Tenants can use it against council, housing association and other public-authority decisions that were unlawful, unfair or unreasonable. Here is when it might apply and what it involves.

What is judicial review?

Judicial review is not an appeal about whether the decision was right. It challenges HOW the decision was made. The court asks:

• Did the body follow the correct legal process?
• Did it weigh the right factors, and set aside irrelevant ones?
• Was the decision irrational: one no reasonable authority could reach?
• Were the person's legal rights, including human rights, properly weighed?

If the court finds the decision unlawful, it can strike it down, make the authority decide again, or sometimes order a specific outcome.

What housing decisions can be challenged?

Judicial review has been used against a range of housing decisions, including:

• Homelessness decisions: refusing to take an application, finding someone intentionally homeless, or denying priority need
• Allocation decisions: keeping someone off the housing register, or banding them lower than looks fair
• Refused transfers: turning down a management transfer despite safety or health grounds
• Failure to act: a council ducking its legal duties on housing conditions or homelessness

When is judicial review not the right route?

Many housing decisions carry their own appeal routes, and you must use those first.

• A homelessness decision carries a review right (section 202, Housing Act 1996), then an appeal to the county court (section 204). Judicial review is not step one.
• Housing benefit and Universal Credit decisions appeal through HM Courts and Tribunals.
• Disputes with private landlords, over disrepair or tenancy terms, are county court claims, not judicial review.

Judicial review is the last resort, for when no other adequate remedy exists.

What are the time limits?

A claim must be brought promptly, and within three months of the decision at the latest. In practice, courts expect it filed as fast as possible.

Want to challenge a public body's decision? Get legal advice without delay.

How to apply for judicial review

Before a formal application, you normally send the public body a pre-action protocol letter. It sets out your grounds and gives the authority a chance to think again. Many cases end there.

If the authority holds firm, you ask the Administrative Court for permission to proceed. A judge reads the papers and decides whether the case merits a full hearing.

Judicial review is complex, and it almost always needs a lawyer. Legal aid may cover housing cases.

Legal aid for judicial review

Legal aid covers judicial review of housing decisions in many situations. Both your means and the case's strength are assessed. A housing solicitor or law centre can say whether you qualify.

When should I contact Support for Tenants?

Is your problem a private landlord dodging repairs, rather than a public body's decision? A housing disrepair claim may be the right route. We can tell you whether your situation fits our work.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 31, Senior Courts Act 1981 (applications for judicial review) (legislation.gov.uk)
• Civil Procedure Rules, Part 54 (judicial review) (justice.gov.uk)

Related articles

• Local government and social care ombudsman complaint