Newlon Housing Trust v Alsulaimen & Anor [1997] EWCA Civ 793 (16th January, 1997)

Newlon Housing Trust v Alsulaimen & Anor [1997] EWCA Civ 793 (16th January, 1997)

The refusal to adjourn the possession proceedings was an error, as the judge failed to consider the merits of the husband's prospective application under sections 37 and 24 of the Matrimonial Causes Act 1973, and the balance of fairness did not justify immediate possession once rent was paid. The husband had good prospects of success in setting aside the notice to quit and obtaining a transfer of the tenancy, and justice required an adjournment to allow that application to be made.

Citation
[1997] EWCA Civ 793
Parties
Plaintiff/respondent: Newlon Housing Trust; First Defendant/appellant: Rateb Alsulaimen; Second Defendant: Tonie Alsulaimen
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From County Court Possession Order
Outcome
Appeal allowed
Legal Topics
Joint Tenancy Termination, Matrimonial Causes Act 1973, Possession Proceedings, Adjournment of Proceedings, Assignment of Tenancy, Avoidance of Transactions Intended to Defeat Financial Relief
Family Law Landlord and Tenant Law Civil Procedure Joint Tenancy Termination Matrimonial Causes Act 1973 Possession Proceedings Adjournment of Proceedings Assignment of Tenancy +1 more

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Parties

Newlon Housing Trust

Plaintiff/respondent

Rateb Alsulaimen

First Defendant/appellant

Tonie Alsulaimen

Second Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether the county court judge erred in refusing an adjournment to allow an application under sections 37 and 24 of the Matrimonial Causes Act 1973 for transfer of tenancy and setting aside a notice to quit given by one joint tenant spouse.
  2. 2 Whether a notice to quit given by one joint tenant spouse can be set aside under section 37 of the Matrimonial Causes Act 1973 as a disposition intended to defeat a claim for financial relief.

Ratio Decidendi

The refusal to adjourn the possession proceedings was an error, as the judge failed to consider the merits of the husband's prospective application under sections 37 and 24 of the Matrimonial Causes Act 1973, and the balance of fairness did not justify immediate possession once rent was paid. The husband had good prospects of success in setting aside the notice to quit and obtaining a transfer of the tenancy, and justice required an adjournment to allow that application to be made.

Court Disposition

Appeal allowed

Orders

  • Judge's order for possession dated 6 June 1996 set aside
  • Plaintiff's application for possession adjourned generally