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Housing Rights

Challenging Housing Decisions

Jayesh Kunwardia
Jayesh Kunwardia
Partner
Daniel Fitzpatrick
Daniel Fitzpatrick
Partner
Farzana Chowdhury
Farzana Chowdhury
Partner
Sophie Bell
Sophie Bell
Partner

Challenging housing decisions might seem daunting, but sometimes public bodies make decisions that are incorrect or unjust.

Sometimes, these decisions may be unlawful or entirely unreasonable, which means they can be challenged in the High Court. This process is known as Judicial Review.

Our housing solicitors have been advising clients on such cases for generations. We have a highly successful record of reversing their decisions through legal challenges in the courts. 

Where can we help you challenge a housing decision?

We can help challenging a housing decision where there has been a failure to:

  • Provide suitable accommodation for families, or tenants with special needs or disabilities.
  • Take a homeless application when asked to.
  • Accommodate vulnerable people pending a decision on a homelessness application.
  • Take appropriate preventative action to assist a person who approaches the Local Authority threatened with homeless or a failure to comply with the duty to provide relief.
  • Comply with housing duties and obligations under the Children Act.
  • Provide housing following a referral to social services.
  • Make decisions in line with housing association or local council policies.

“DEFINITELY I WOULD RECOMMEND THIS COMPANY TO ANYONE WHO WANTS SUCCESS...NICE TO HAVE SOPHIE BELL ON MY SIDE. THANK YOU."

How can a judicial review help me challenge a housing decision?

There are numerous examples of Local Authorities acting unlawfully, where a Judicial Review can provide an effective remedy.

This complex area of law requires specialist representation. We appreciate the importance of securing a good outcome for all our clients. 

If you believe your Local Authority is acting unlawfully in relation to your housing case, or you simply need to understand if you have grounds to challenge your local authority, please contact us to see if we can help.

Contact our specialist housing solicitors team on
or request a call back.

Why choose Hodge Jones & Allen Solicitors?

Housing law is a complex area and requires specialist representation. We have the necessary housing, property, and public law background to enable them to provide the highest standards of representation.

We appreciate the importance of securing a good outcome for you and your family, which is why our solicitors will work tirelessly on your behalf.  We’ll also ensure that we keep you properly informed and updated about your case throughout, so you’re never out of the loop.

As one of the few firms to hold both a housing and public law franchise to enable us to provide legal aid, we’re in a unique position to offer exceptionally experienced solicitors and advocates to assist you with every stage of dealing with these difficult matters. It’s important to seek legal advice at the earliest opportunity as the time frames to challenge decisions is often short and require consideration prior to starting the process.

"EXCELLENT EXPERIENCE FROM BEGINNING TO END AND I WAS EXTREMELY CONFIDENT IN THE PROFESSIONALISM OF MR FITZPATRICK."

Our expert housing solicitors will assess your housing decision challenge very carefully and provide you with the correct advice on what can be achieved and funding options.

We’ll then provide clear guidance on the legal process, keeping you up to date throughout.

We work very hard to achieve the best and quickest outcome possible for your case.

Frequently asked questions

How long do I have to challenge a decision by way of Judicial Review?

A challenge must be issued at the High Court as soon as reasonably practicable and after no more than three months. As such speed is of the essence, any delay even under the three months needs to be justified.

How long do I have to serve the issued Judicial Review?

The application must be sent to the defendant within seven days and a certificate of service filed with the Court recording the same.

Failure to do so will in some cases result in your claim being struck out.

How is a Judicial Review funded?

There are many ways of funding a judicial review. You can pay on a private basis or you can take the necessary steps to obtain costs protection. You’re very unlikely to obtain After the Event Insurance on these types of matters.

A common method of funding is by way of legal aid supplied by the Legal Aid Agency. The test for legal aid involves assessment of means and merits, you can be assisted through this process by one of our experienced solicitors. If you don’t meet the funding criteria, we can look at other methods of funding such as crowdfunding.

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