A BROTHER and sister are calling for changes in the law after being evicted from their family home weeks after their mother’s death.

The Smurthwaite family, including siblings Dave and Maureen, have lived in a council house in Darlington since the early 1970s.

Jack Smurthwaite – the siblings’ father – held the original tenancy until his death in 1998 when it was passed onto his wife, Rose.

When Mrs Smurthwaite died in August, daughter Maureen, 60, hoped to take on the tenancy.

Instead, Darlington Borough Council have served notice and asked the family to vacate the property within four weeks.

Their actions are driven by government legislation which states only one succession can be allowed to a surviving spouse or member of the deceased tenant’s family.

Because Mr Smurthwaite’s tenancy passed to his wife, no further successions are allowed.

In the midst of a desperate house-hunt, the siblings have started a petition calling for changes in the law.

Mr Smurthwaite said: “I was three months old when we moved in and my sister has lived there for 46 years – it’s our family home.

“Losing mam was not easy for anybody but it was harder for Maureen because looking after her had been like a full time career, she gave up her life to look after her.

“Our mother was laid to rest on August 22 and by August 30 the council had come round and said they were serving us four weeks’ notice.

“We’re still trying to come to terms with losing her and we have to look for somewhere else to live and use the money mam left to pay for a bond and month’s rent.

“We’re disgusted that the council moved so quickly at a time of grief and we don’t want anyone else to go through this.

“It’s probably too late for us but we’d like to see a change in the law – it doesn’t seem fair for someone who’s done nothing wrong to have the rug pulled from under them like this.”

A council spokeswoman confirmed the legal restrictions and said they had every sympathy for the family, adding: “We have offered our services, including options for rehousing, advice and the right of appeal.”

The Smurthwaites' petition can be found at change.org.