Judicial Review is where a landlord might go to court when there is no other alternative for example appeals etc. It can only be used against public bodies like local authorities.

An example of when Judicial Review might be used is if a local authority refused to make a decision over payment to a landlord of Housing Benefit. In this example, the authority are under a duty to decide whether on to make payment. Once a decision has been made, that decision is available to appeal. However, if no decision is made then you can’t appeal a lack of a decision. That is where Judicial Review comes in. Assuming your argument was correct, in this example they would be able to force the council into making a decision.

Permission must be sought before any actual proceedings and a letter before action must always be sent.

Time limits for seeking permission are very stringent. ... Please login or signup to continue reading this content

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