header-logo header-logo

17 April 2026 / James Naylor
Issue: 8157 / Categories: Features , Landlord&tenant , Property , Housing
printer mail-detail

Ain’t nothin’ goin’ on but the rent

247161
© Getty images
What exactly is ‘rent’? James Naylor digs through the protections afforded tenants
  • Covers the recent case of Garraway v Phillips, exploring the reasoning including historical definitions of ‘rent’ by the law.

Is rent measured in coin—or in labour? In pounds—or in effort? In the law of landlord and tenant, ‘rent’ appears deceptively solid: a sum written into a tenancy agreement, capable of calculation and increase. Yet the history of property law reminds us that rent was not always monetary. It could be wheat, or peppercorns, or days of ploughing; it could be service rendered rather than currency exchanged. When modern housing legislation speaks of rent, which of these meanings does it invoke?

That question came before the Court of Appeal in Garraway v Phillips [2026] EWCA Civ 55, where a tenancy required no money at all—only two days’ work each week on the landlord’s estate. The issue was not whether the work had value. Plainly it did. The issue was whether that value counted as ‘rent’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll