Housing Act 1985

Appeal against scheme E+W

3 (1) A person having an estate or interest in a house to which a control order relates may, within six weeks from the date on which a management scheme relating to the house was served in accordance with section 386, or such longer period as the local housing authority may in writing allow, appeal to the county court against the scheme.

(2) The appeal may be on any of the following grounds—

(a) that, having regard to the condition of the house and to the other circumstances, any of the works of which particulars are given in the scheme (whether already carried out or not) are unreasonable in character or extent, or are unnecessary;

(b) that any of the works do not involve expenditure which ought to be regarded as capital expenditure;

(c) that the number of individuals or households living in the house, as specified by the local housing authority in the scheme, is unreasonably low;

(d) that the estimate of the surpluses on revenue account in the scheme is unduly low on account of assumptions made by the authority as to matters within their control (for example, as to the rents charged by them).

(3) On an appeal the court may, as it thinks fit, confirm or vary the scheme.

(4) Proceedings on an appeal against a scheme shall, so far as practicable, be combined with proceedings on any appeal under section 384 against the control order itself; and if on such an appeal the court decides to revoke the control order, the court shall not proceed with any appeal against the scheme.