Housing Act — Statutory provision for repurchase of designated defective homes — Application for repurchase — Refusal — Whether refusal should be challenged in judicial review proceedings or in county court — High Court holding that in absence of special circumstances challenge should be in county court — Judgment for respondent council
C lived in a property at 24 Radnor Green, Hateley Health, West Bromwich. On March 22 1973 C, who was 70 years old and had lived there since the 1950s, purchased the house, which had been built using the “Smith technique”. In 1986 all such houses were designated as defective. In 1984 Parliament passed the Housing Defects Act which contained provisions for the repurchase of designated defective homes. Those provisions were later incorporated into the Housing Act 1985. The council refused C’s application for the repurchase of his house in accordance with section 537 of the Housing Act 1985. They took the view that it would not be unreasonable to expect him to await the carrying out of the work required to reinstate the dwelling.
C sought an order of the court to quash that decision. A question arose whether a decision under section 537(2) might be challenged in judicial review proceedings or should the challenge be instituted in the county court under section 572 of the Act.
Held The application was dismissed.
1. In all the circumstances of the case the council was not unreasonable in their decision.
2. The general rule was that if there was an appeal on the merits the procedure under section 572 should be followed and resort should only be had to a application for judicial review in exceptional circumstances: see R v Chief Constable of Merseyside Police, ex parte Calveley [1986] QB 424.
3. There was no special reason in this case and the county court was cheaper, more local, more convenient, was likely to be much quicker, and there should have been an appeal under section 572.
Rambert De Mello (instructed by Tyndallwoods & Millichip, of West Bromwich) appeared for Mr Cashmore; Joseph Harper QC and Anne Williams (instructed by the solicitor to Sandwell Metropolitan Borough Council) appeared for the council.
