Andrew Rees v Beth Atyeo

Andrew Rees v Beth Atyeo

The procedure adopted by the Committee, where only one of two members inspected the property, was a serious procedural defect. The committee as a whole must inspect the property and participate equally in the determination. The decision was set aside and the application remitted for redetermination by a differently constituted committee.

Parties
Appellant: Mr Anthony Rees; Respondent: Mrs Bethan Atyeo
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Landlord and Tenant Rent Determination Appeal / Appeal From Rent Assessment Committee Decision
Outcome
Appeal allowed; decision set aside; application remitted for redetermination
Legal Topics
Rent Determination, Procedural Fairness, Committee Constitution, Fitness for Human Habitation
Landlord and Tenant Housing Law Rent Determination Procedural Fairness Committee Constitution Fitness for Human Habitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Anthony Rees

Appellant

Mrs Bethan Atyeo

Respondent

Procedural Posture

Landlord and Tenant Rent Determination Appeal / Appeal From Rent Assessment Committee Decision

Legal Issues

  1. 1 Whether the Rent Assessment Committee erred on a point of law by conducting an inspection with only one member present
  2. 2 Whether procedural fairness was breached in the conduct of the hearing

Ratio Decidendi

The procedure adopted by the Committee, where only one of two members inspected the property, was a serious procedural defect. The committee as a whole must inspect the property and participate equally in the determination. The decision was set aside and the application remitted for redetermination by a differently constituted committee.

Court Disposition

Appeal allowed; decision set aside; application remitted for redetermination

Orders

  • The decision of the Rent Assessment Committee is set aside.
  • The application for a new rent is remitted to a differently constituted committee for redetermination.