An elderly man has been told he has to give five weeks' notice to leave his home - even though he is dead.

Shocked relatives were told by council officials that Frank Gajewski, 79, who died last Thursday, must give notice before leaving his sheltered accommodation.

Julie Applin, Mr Gajewski's daughter, still reeling from the loss, said she was surprised by Brighton and Hove City Council's lack of sensitivity and was concerned old, needy people would be forced to wait unnecessarily for the sheltered accommodation he lived in.

She said: "It just seems incredible they are asking Frank to give this notice even though he died last week."

Mr Gajewski lived at Lavender House, Lavender Street, Brighton, for three years after suffering heart trouble. He loved the home, according to Mrs Applin.

But rent will now have to be paid out of his estate because the council refuse to acknowledge he has died until the notice period is up.

The council demanded a four-week notice period with a week added on because Mrs Applin did not notify it until Tuesday - one day past its deadline of Monday morning.

Mrs Applin said: "We will have the house cleared by tomorrow and somebody could be in there at the weekend but because the council insists on four-weeks' notice, they will have to wait.

"Our main concern is not particularly the money but for someone who didn't have very much money, this would be a potential problem.

"Funeral expenses are always high so to go on paying the rent like this could eat into their funds. People will be waiting for his home who could be in there now."

Help The Aged has condemned the situation. A spokesman said: "If elderly people are waiting for these homes we would be very concerned that a council is doing this kind of thing.

"People go into sheltered accommodation for all sorts of reasons but they are always very needy and vulnerable."

Brighton and Hove City Council does not have a waiting list for sheltered accommodation but people do wait for the council to process applications.

A member of staff in its sheltered housing department said those looking to get into accommodation are allowed to "bid" up to twice a week for a home and are not always successful because properties matching their requirements are often not available.

Brighton and Hove City Council said the notice period was a legal requirement.

A spokesman added: "We are grateful to the family for their efforts in clearing out the property of Mr Gajewski. But it is a legal requirement that a four-week notice period is given in respect of all secure tenancies."