A FAMILY who are to be made homeless by Waltham Forest Council within two weeks have accused the authority of forcing them out on the street.

Marion and David Marshall, who live in Ascham End, Walthamstow, were evicted from their former home in Elmfield Road, Walthamstow, in September 2002 having been accused of non-payment of rent arrears.

The couple were taken to court by their independent landlord after the arrears amounted to almost £7,000.

But Mr and Mrs Marshall insist that they were paying their part of the rent at that time, and it was the council's housing benefit department that was not.

When the couple were evicted, they went to the council, which put them up in Ascham End. It was only then, says Mrs Marshall, that the council began to investigate why the couple had been evicted from their previous address.

Mrs Marshall, 46, who suffers from angina, high blood pressure and fits, said: "We went to the council's reviewing officer and he told us that we had made ourselves intentionally homeless by not paying our rent. However, we know we were paying at that time and have evidence to back that up.

"We were doing our part with rent payments and it was down to the council that we owed rent, if any at all."

However, two weeks ago a court upheld the council's decision that Mr Marshall, who suffers from arthritis, and his wife had made themselves intentionally homeless.

The council now wants the current property in Ascham End back and is refusing to re-house the couple.

Mr Marshall said: "We do not know what we are going to do as we don't have any money to get somewhere to live. This whole situation is tearing my family apart. If we do not get any help from someone, we will be on the streets within a few weeks."

The couple have two sons who are currently living with them, 17-year-old Mark, and Vincent, 20, who Mrs Marshall says is manic depressive.

A council spokesman said: "Over the past 18 months the council has considered Mr and Mrs Marshall's case very carefully.

"The court has, however, upheld the council's decision that Mr and Mrs Marshall made themselves intentionally homeless.

"We appreciate that this is very hard for the family. Unfortunately, with such high demands placed on its housing services, the council is unable to help any further."