County court jurisdiction under HA 1988 s. 113
County court has jurisdiction over all proceedings and questions under Part IV of HA 1988. Starting in High Court limits cost recovery to county court rates.
Subject to sections 98(5) and 99(6) above, a county court has jurisdiction— to entertain any proceedings brought under this Part; and to determine any question arising under this Part. The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any such question as is mentioned in subsection (1) above notwithstanding that no other relief is sought than a declaration. If a person takes in the High Court proceedings which, by virtue of this section, he could have taken in the county court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in a county court. In a case falling within subsection (3) above the taxing master shall have the same power of directing on what scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in a county court.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
The county court has jurisdiction to hear any proceedings and decide any question that arises under Part IV of the Housing Act 1988 (the right to buy). This includes the power to make a declaration even if no other remedy is claimed.
If a person starts proceedings in the High Court when they could have started them in the county court, they cannot recover more costs than they would have been entitled to if the case had been heard in the county court. In such a case, the taxing master has the same powers as a county court judge to decide the scale of costs and allow items.
This section is subject to sections 98(5) and 99(6) of the Act, which impose certain limits on jurisdiction.
When it applies
- A tenant applies to the county court to determine the correct purchase price after the landlord's valuation.
- A tenant challenges the landlord's refusal to sell the freehold under the right to buy.
- A dispute arises over whether the tenant has given the required notice of intention to proceed under section 103.
- A tenant seeks a declaration that the right to buy has been triggered, without asking for any other order.
- A landlord argues that the tenant's claim should have been brought in the county court, not the High Court, to limit cost recovery.
What this section does not say
- This section does not give the county court jurisdiction over claims under other Parts of the Housing Act 1988, such as Part I or Part II.
- It does not set out the procedural steps for bringing a claim; those are in the Civil Procedure Rules.
- It does not apply to Scotland; section 118 deals with similar matters for Scotland.
- It does not define the substantive rights under the right to buy; those are in other sections such as 103 to 124.
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This page reproduces the text of HA 1988 s. 113 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.