Is a thumbs-up emoji sufficient evidence to waive a rent increase? *thinking emoji*

In N’Guessan & Anor v Bewry (2026), the courts considered a possession claim over a 2-bedroom flat. The claimants brought the claim in relation to £9,250 in rent arrears. The defendant brought a counterclaim for personal injury from disrepair.

The claimants granted the defendant an assured shorthold tenancy (AST) in 2008 and the defendant was paying them £950pcm in rent. In 2022, the claimants served a s13 notice on the defendant saying that rent would increase to £1200pcm. The defendant accepts that she received this notice, however, she continued to pay rent at £950pcm on the basis that she could not afford the increase.

The defendant never challenged the rent increase per se, but she did tell the claimants, via several Whatsapp messages, that she could not afford the increase. Alongside messages telling the defendant that she had to pay, the claimants responded to one of her messages with a 'thumbs up' emoji. The defendant sought to argue that the claimant’s use of this single emoji was evidence for why she should not have to pay an increased rent. Perhaps unsurprisingly, the judge was not persuaded by her argument.
 
The judge concluded that whilst the 'thumbs up' emoji could mean that that the claimants had noted or understood the defendant’s view, it did not amount to sufficient evidence to waive a rent increase.

The claimants were entitled to £9,250 in arrears and the defendant was entitled to £8,160.66 for pleaded items of disrepair. It was therefore a net judgment in favour of the claimants for £1,089.34.

Whilst emojis may carry weight in our day‑to‑day conversations, they are no substitute for clear communication when it comes to legal and contractual matters. How emojis are interpreted tends to vary from generation-to-generation and even from person-to-person. Therefore, it is always best to ensure that any agreement (or disagreement) is in writing and in clear terms, particularly where it concerns anything as important as a rent increase.

Never assume that an emoji settles the question. If the terms of your tenancy agreement are changing, use clear written communication and encourage the other party to do the same. The purpose of this is to ensure clarity which, in turn, will narrow the scope for costly and time-consuming disputes further down the line.

Deya Shergill is currently a first-seat trainee in the real estate, planning and construction team.

Ilana Cohen is an associate in the Real estate planning & construction team.