A former businessman who is due to be evicted from his home plans to challenge the law.

Noel Janes, 53, said he was being forced out after his rent rose and his housing benefit failed to increase.

Mr Janes, who lives in a studio flat in Windsor Street, Brighton, was due to pay £10 a week out of his incapacity benefit of £72 to cover the shortfall.

He did not pay and his landlord took legal action.

At Brighton County Court yesterday, he was given seven days to move.

Mr Janes said it was unfair he and other tenants on housing benefit were expected to make up rent shortfalls out of money meant for food and clothes.

He wants to challenge the legal position.

He has contacted Brighton and Hove City Council and Brighton Housing Trust to try to get support.

Mr Janes, who plans to stay with family and friends when he is evicted, said: "I do not think it is legal to say taxpayers' money allocated for incapacity benefit should be used for rent that is supposed to be paid by housing benefit.

"I have tried to find out the legal position and I can't."

Mr Janes said he was aware there were other people in the city, whose rents were high but who did not receive enough housing benefit to cover it.

He said: "If you don't pay the shortfall, the law says you are making yourself intentionally homeless.

"When I first moved into my flat, the rent and the housing benefit I received were the same.

"But the rent has increased and I stopped paying the shortfall because I think it is unfair.

"The judge has said I must move out because I signed a legal binding contract."

A spokesman for landlord Baron Homes, based in Castle Square, Brighton, said: "We wanted our apartment back from Mr Janes and we served a Section 21 notice."

A Section 21 notice is a legal notice relating to repossession.

Last week, unions, councillors and MPs called on the Government to increase housing benefit to solve the deepening housing crisis.

The city has the highest level of homelessness in the UK with thousands on the waiting list.

David Lepper, MP for Brighton Pavilion, said he wanted housing benefit changed so it matched the rents.