Carer battles eviction

Graham Cunningham insists that, when he began renting a flat in Marina, St Leonards, in May 1999 from William Hodges there was a 'gentleman's agreement' he could remain there as long as he wanted.

In return Mr Cunningham agreed to help care for Mr Hodges, who was in his 90s and lived in the basement flat at the property, which he owned.

Mr Hodges died in November 2001, and the executors of his estate, Peter and Fernia Andrews, have since attempted to end Mr Cunningham's tenancy at the property.

At Hastings County Court, a judge initially ruled that Mr Cunningham was a 'non shorthold assured tenant'.

However, a second judge overturned that decision, declaring Mr Cunningham had an 'assured shorthold tenancy', meaning he did not have a home for life.

The majority of people who rent property in the UK are on shorthold tenancies.

This week, Mr Cunningham's lawyers asked Appeal Court judges to declare that he was a 'non shorthold assured tenant', and had made an oral agreement to that effect with Mr Hodges.

Bruce Speller, representing Mr Cunningham, said although elderly Mr Hodges was an experienced landlord who knew exactly what he was doing when he rented out the property.

He also said he had given Mr Cunningham a rent book when he first moved in.

Mr Speller added that Mr Cunningham - who needed somewhere to live following a divorce - had given Mr Hodges 'extensive' care, and had also purchased two car parking spaces.

But Mukhtiar Otwal, for the executors, argued that under the 1988 Housing Act, Mr Cunningham was no more than a shorthold tenant and would have to leave.

Recognising the importance of the case, Lord Justice Waller, sitting with Lord Justice Wilson and Lord Justice Lawrence Collins, reserved their decision until a later, unspecified, date.