Mr Bensted is set to lose half his living room and a bedroom

Derrick Bensted is set to lose his kitchen, a bedroom and half his living room after an ancient lease was upheld.

He inherited the home in Whitstable in the 1990s not realising previous owners had rented half of it from the Whitstable Oyster and Fishery Company.

The case went to court where the judge decided to uphold the Victorian lease ordering Mr Bensted to move by Tuesday.

It is crazy but what are they going to do? They cannot build a wall and take my light and my services Derrick Bensted

If the house was split, Mr Bensted would lose his central heating, electricity and water supply.

In 1860 the house started life as a pub, expanding onto land owned by the oyster company.

Successive owners paid rent to the firm but then Mr Bensted inherited the property and believed he owned it all.

Mr Bensted said: "In theory I should be taking all the furniture and moving it across which is what I thought I would have to do but I have no intention of doing it now.

'Door open'

"It is crazy but what are they going to do? They cannot build a wall and take my light and my services."

The oyster company offered Mr Bensted �80,000 for his half of the house whereas he only offered the firm �14,000 to buy their part.

James Green, from the Whitstable Oyster and Fishery Company, said: "We have always had our door open and tried to be reasonable and we really did not want to reach this situation at all.

"It is not ideal by any means or ways but unfortunately when you do not talk the only outcome is going to be solicitors and that is what has happened."

The company said it will contact its lawyers on Tuesday while Mr Bensted is planning to sit tight.