A council tenant has won the right to stay in his home, despite using it as a cannabis farm.

The landmark ruling by a county court judge means that David McElwee has escaped eviction, even though he breached the terms of occupation.

South Tyneside Borough Council is said to be unable to move McElwee out for at least 12 months and may face similar challenges from other problem tenants.

Last August, McElwee, 52, was given a 12-month prison sentence suspended for two years after admitting growing cannabis in his flat in Jarrow, South Tyneside.

The action came after police officers discovered 20 cannabis plants growing under a battery of lights, heaters and water equipment.

During the court case, Roger Moore, prosecuting, said that McElwee told police he planned to spend any profits on the sex drug Viagra.

South Tyneside council invoked the 1985 Housing Act after the breach of tenancy agreement.

But a judge at South Tyneside county court decided McElwee could keep his home provided certain conditions were adhered to. The judge ordered a possession order, but suspended it for 12 months.

This means that Mr McElwee can stay where he is, unless he is convicted of the same crime within a year.

The council said: "We have no comment to make on the judge's decision."

Mr McElwee said he was delighted at the decision.