A CHARITABLE trust is trying to have a family re-housed rather than repair their home, which has been condemned as unfit for human habitation.

The realities of life for stroke victim Muriel Ward, 87, and her two sons include bathing in a tin bath in front of the fire and a leaky outside toilet.

Their local council has already served a repair notice on landlords the Herbert Williams Mawer Trust.

But the trust, responsible for nearby stately home Sion Hill Hall, near Thirsk, North Yorkshire, estimates that an upgrade could cost between £15,000 and £50,000, and is going to court to seek a closure or demolition order.

Mrs Ward and her sons Ken, 57, and Brian, 65, live 20 miles from Sion Hall, in Appletree Cottage, Chop Gate, the family home for three generations.

They said the cottage had suffered from a lack of investment for years.

Other problems included slugs under the kitchen sink, rotting woodwork and an unsound gable end.

Although they only pay £260 rent a year, they said they would pay more if their home was improved.

Eric Kendall, head of environmental health and housing for Hambleton District Council, said a schedule of repairs drawn up was deemed an unreasonable expense by the landlords.

The trust has appealed to a magistrates' court. If the court agrees with the council and the trust refuses an upgrade, the authority can carry out the repairs and send the bill to the landlords.

But if the court agrees with the trust, a closing order or demolition order will be made.

Ken Ward, who cares for his mother, who has had five strokes in the past year-and-a-half, has one kidney and a heart condition. He said: "I have complained for the last ten to 15 years but hardly anything has been done and now we could end up without a roof over our heads."

Charles Shirtcliffe, the solicitor acting for the trust, said the works "would be an endorsement of statutory overcrowding in the cottage", because the brothers have to share a bedroom.

He said the trust had always responded promptly to complaints of disrepair.

Mr Shirtcliffe said: "The trustees believe that the rational and only lawfully compellable solution to the problem is the rehousing of the Ward family and that the local authority should bear that responsibility."