County court hears housing disputes (HA 1988 s. 40)
County courts have jurisdiction over assured tenancy disputes under Chapters I-III, V, ss.27-28; can join other claims; costs limited if brought in High Court.
The county court shall have jurisdiction to hear and determine any question arising under any provision of— Chapters I to III and V above, or sections 27 and 28 above, other than a question falling within the jurisdiction of the appropriate tribunal by virtue of any such provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where any proceedings under any provision mentioned in subsection (1) above are being taken in the county court , the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction. If any person takes any proceedings under any provision mentioned in subsection (1) above in the High 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 the county court : and in such a case the taxing master shall have the same power of directing on what county court 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 the county court . Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).
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
This section gives the county court the power to hear and decide any question that arises under certain parts of the Housing Act 1988: Chapters I, II, III, and V, and also sections 27 and 28. However, if the question is one that falls within the jurisdiction of the appropriate tribunal (such as a rent assessment committee), then the county court does not have that power.
If proceedings under those provisions are already in the county court, the court can also hear and decide any other proceedings that are joined with them, even if those other proceedings would normally be outside the county court's jurisdiction.
If someone brings proceedings under those provisions in the High Court instead of the county court, they cannot recover more costs than they would have been entitled to if the proceedings had been in the county court. The taxing master (the person who decides costs) can then decide on the county court scale and allow items of costs as if the case had been in the county court. This does not apply if the purpose of going to the High Court was to join the case with other proceedings already pending there that are not under the provisions mentioned.
When it applies
- A landlord brings a possession claim in the county court under an assured tenancy (Chapter I).
- A tenant challenges a rent increase under Chapter II in the county court.
- A party joins a claim for breach of contract with a housing dispute under sections 27 or 28 in the county court.
- A claimant brings a housing dispute in the High Court, and the other side argues that costs should be limited to the county court scale.
- A question about whether a rent assessment issue must go to the tribunal instead of the county court.
What this section does not say
- This section does not give the county court jurisdiction over disputes under Chapter IV of the Act (e.g., protected tenancies)—those are dealt with elsewhere.
- It does not set out the procedure for bringing a claim in the county court or the rules of evidence.
- It does not determine the outcome of the dispute, only which court can hear it.
- It does not give the High Court jurisdiction over these matters; it only limits costs if proceedings are brought there.
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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 40 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.