A COUNCIL 'took advantage’ of a tenant who signed away his home while not mentally capable of making the decision, a court has heard.

Michael Armstrong was in police custody on November 21 last year when he was visited by Leonard Morley, a senior housing officer with Dartford Borough Council.

Mr Morley was sent to serve an injunction preventing the defendant from returning to his council home in Trevithick Drive, Dartford.

During the visit Mr Armstrong, who has a history of mental illness, signed a notice to quit, giving up his right to tenancy.

But at Dartford County Court on Tuesday, John McCafferty, representing the tenant, claimed Mr Armstrong did not know what he was doing.

Mr McCafferty said: “You have a situation which is of a vulnerable person in a vulnerable position. In this context it is manifestly unfair.”

The council, on the other hand, said there was no evidence of duress.

Caroline Bolton, representing the council, said: “While Mr Armstrong may regret what he has done the tenancy has been brought to an end and in my submission it is a lawful end.”

The Recorder George Pulman, QC, is due to give his verdict on the case tomorrow.