A PENSIONER has been barred from moving into the house where his dead brother lived.

The decision by Kirklees Neighbourhood Housing came despite the fact that 65-year-old Richard Middleton's family have been paying rent on the property for 50 years.

Mr Middleton applied to KNH to take over his brother Frank's tenancy after he died this month.

He died in hospital aged 74 after a short battle with lung cancer.

Mr Middleton hoped to move into the two-bedroom property with his wife and keep it in the family.

He and his brother moved into 12 Teddington Avenue, Dalton, with their parents in 1955.

Frank moved back to look after their mother when she became ill. When she died in 1984 he stayed to look after their father.

The father died in 1987, and Frank, who never married, continued to live in the house.

After Frank died Mr Middleton, who lives in Halifax, contacted KNH to say he wanted to take on the property.

But KNH said it could not bend from strict guidelines set out by the relevant law.

Under the law, if a council tenant dies the tenancy of their home is passed to their husband or wife.

Alternatively, it can pass to a relative if they had been living with the tenant for the past 12 months.

Mr Middleton planned to move in with his brother when he became ill. But because he deteriorated so quickly he did not get the chance.

Mr Middleton feels that because of the circumstances there should be more flexibility.

He said: " It's a bit stupid that my wife and I can't live there. Our family has spent all these years paying rent to the council, yet we can't take over the family house.

"They were happy to let a single man live in a family house for 19 years, but it won't let me and my wife move in.

"The houses up the top of the street have all been bought by private owners and I think they are concerned that a problem family will be put into the house.

"I know the neighbours would prefer us to be there, rather than anyone else."

Mr Middleton is still paying money to the council, the rent outstanding on his brother's tenancy, a total of £350.

Many of his brother's possessions, including sentimental items, are still in the house, but now have to be thrown away.

Mr Middleton said: "I am having to pay a bloke to throw my brother's belongings into a skip.

"They include valuable items, like a brand new, £1,000 three-piece suite.

"An antique sideboard that our grandmother gave to our mother has to be broken up and thrown away.

"I have a box of old photos and my brother's TV, as that's all I can store.

"I am also pretty peeved that when I tried to get in touch with KNH no-one was there to speak to me."

In a statement KNH said: "We would like to talk to Mr Middleton further and we will look at this case sympathetically."