RBH BUILDING CONTRACTORS LTD v JAMES AND ANOTHER

[2026] EWCA Civ 511, Court of Appeal Civil Division, King, Coulson and Males LJJ, 29 April 2026

Adjudication – Residential occupier exclusion – Validity of pay less notice

Two issues were raised in this appeal to the Court of Appeal. The first was whether the Deputy Judge had erred in law in concluding that the defendants were not residential occupiers within the meaning of section 106 of the Housing Grants, Construction and Regeneration Act 1996. The second was whether the Deputy Judge had erred in concluding that the defendants had issued a valid pay less notice. The Court of Appeal dismissed the appeal on both grounds and in doing so set out a number of principles to be applied when deciding whether or not the residential occupier exception is applicable and in considering whether a payment notice or a pay less notice is valid.