Phillips & Anor v Garraway [2026] EWCA Civ 55 (09 February 2026)

Phillips & Anor v Garraway [2026] EWCA Civ 55 (09 February 2026)

A tenancy under which the only consideration is the provision of services, with no agreed monetary value attributed to those services, is a tenancy under which 'no rent is payable' for the purposes of the Housing Act 1988. Such a tenancy is excluded from the assured tenancy regime, and the landlord is entitled to possession on service of a notice to quit.

Citation
[2026] EWCA Civ 55
Parties
Respondent/claimant: Arthur Phillips; Respondent/claimant: Janet Phillips; Appellant/defendant: Tess Garraway
Jurisdiction
England and Wales
Judgment Date
09 February 2026
Procedural Posture
Civil Appeal / Court of Appeal (civil Division) Second Appeal
Outcome
Appeal dismissed
Legal Topics
Assured Tenancy, Rent Definition, Statutory Interpretation, Possession Proceedings
Landlord and Tenant Housing Law Assured Tenancy Rent Definition Statutory Interpretation Possession Proceedings

Case Brief

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Parties

Arthur Phillips

Respondent/claimant

Janet Phillips

Respondent/claimant

Tess Garraway

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal (civil Division) Second Appeal

Legal Issues

  1. 1 Whether a tenancy requiring services as consideration, without an agreed monetary value, constitutes a tenancy under which 'no rent is payable' within the meaning of the Housing Act 1988, Schedule 1, para 3.
  2. 2 Whether such a tenancy is excluded from the assured tenancy regime, entitling the landlord to possession on notice to quit.

Ratio Decidendi

A tenancy under which the only consideration is the provision of services, with no agreed monetary value attributed to those services, is a tenancy under which 'no rent is payable' for the purposes of the Housing Act 1988. Such a tenancy is excluded from the assured tenancy regime, and the landlord is entitled to possession on service of a notice to quit.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Permission to argue that payments for council tax and utilities constitute rent is refused.