NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

The court accepted services have value but held that, under the Housing Act 1988, rent requires a monetary element or agreed valuation. Without it, the tenancy falls outside the assured regime, leaving occupants vulnerable to eviction.

The judgment draws on historical distinctions, rejecting arguments that ‘money’s worth’ alone suffices. As Naylor notes, while rent once included ‘peppercorns’ or services, modern law ‘insists upon arithmetic’.

The decision has significant implications for unconventional housing arrangements, confirming that informal or non-cash agreements may strip tenants of key legal protections.