Rowlands v Consumer, Trader and Tenancy Tribunal (No 2)

Rowlands brought an application for judicial review of a decision by the Consumer, Trader and Tenancy Tribunal, arguing that the order for termination of his tenancy was made in his absence and without his knowledge. The Tribunal had declined Rowlands' application for a rehearing, and Rowlands sought an injunction against his landlord to prevent eviction. The court was required to determine whether an order setting aside the Tribunal's determination should be made and whether the landlord should be bound by an undertaking not to evict Rowlands pending a rehearing.

The court held that the Tribunal's decision was made in Rowlands' absence, which constituted a serious procedural irregularity. The Tribunal had failed to provide Rowlands with adequate notice of the proceedings and had not given him an opportunity to be heard. The court also found that the Tribunal's refusal to grant a rehearing was unreasonable. The court further held that the landlord was bound by the undertaking given on his behalf not to evict Rowlands pending a rehearing by the Tribunal. The court made an order setting aside the Tribunal's determination and directing that Rowlands' tenancy be reinstated pending a rehearing by the Tribunal. The court also made an order that the landlord not evict Rowlands pending the rehearing.