Newlon Housing Trust v Alsulaimen [1998]

A married couple were joint assured tenants of a flat owned by Newlon Housing Trust. The wife left the husband, and then gave notice to quit the tenancy. The husband stayed in the property, and the Trust commenced proceedings for possession. The husband asked for the proceedings to be adjourned to enable him to make an application for a property adjustment order, under which the tenancy would be in his sole name. The judge refused an adjournment as he held that the application was out of time.
The Court of Appeal reversed the decision against the adjournment, considering that the husband had a good chance of obtaining the transfer of the tenancy. The Trust appealed to the House of Lords.

On appeal:
HELD: The Trust contended that the termination of a tenancy by the expiry of a notice to quit was not a disposition of property at all, in which case there would be no power to resurrect the tenancy. The House accept this argument, as the notice to quit merely signifies that the tenant is not willing to consent to the continuation of the tenancy beyond the date on which it would otherwise expire.
The appeal was allowed, as the House considered that as the tenancy had expired it could not be brought back to life and therefore the husband did not have any answer to the claim for possession by the Trust.