Arthur Phillips & Anor v Tess Garraway

Arthur Phillips & Anor v Tess Garraway

A tenancy under which the only rent consists of the provision of services to which no monetary value is attributed is a tenancy under which no rent is payable within the meaning of the Housing Act 1988, and is therefore excluded from being an assured tenancy. The established meaning of 'rent' from the Rent Acts applies, requiring monetary payment or an agreed monetary value for goods/services.

Parties
Respondent/claimant: Arthur Phillips; Respondent/claimant: Janet Phillips; Appellant/defendant: Tess Garraway
Jurisdiction
England and Wales
Judgment Date
02 September 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal
Outcome
Appeal dismissed
Legal Topics
Definition of Rent Under Housing Act 1988, Assured Tenancy Requirements, Statutory Interpretation, Rent in Kind or Services, Eviction and Possession Proceedings
Landlord and Tenant Law Housing Law Definition of Rent Under Housing Act 1988 Assured Tenancy Requirements Statutory Interpretation Rent in Kind or Services Eviction and 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 Judgment on Second Appeal

Legal Issues

  1. 1 Whether a tenancy requiring services (with no monetary value attributed) constitutes a tenancy under which no rent is payable within the meaning of the Housing Act 1988
  2. 2 Whether such a tenancy is excluded from being an assured tenancy under the Act

Ratio Decidendi

A tenancy under which the only rent consists of the provision of services to which no monetary value is attributed is a tenancy under which no rent is payable within the meaning of the Housing Act 1988, and is therefore excluded from being an assured tenancy. The established meaning of 'rent' from the Rent Acts applies, requiring monetary payment or an agreed monetary value for goods/services.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; possession order in favour of Mr and Mrs Phillips stands