A MAN branded a nuisance neighbour because he spits on his balcony says the habit is the result of chronic lung disease.

William Brooking, 53, is being evicted from a Penhill tower block following a string of complaints.

Besides the spitting problem, Swindon Council says Cleverton Court residents have been physically assaulted and sworn at by Mr Brooking's visitors.

There have also been complaints about objects being dropped from his fifth floor balcony during drunken gatherings and about Mr Brooking's unruly behaviour.

But speaking to the Evening Advertiser, the divorced father-of-three vehemently denied being a pest.

While he admits to spitting in public, Mr Brooking says this is due to breathing problems caused by his diseased lungs.

He said: "My lungs only have 70 per cent the normal capacity, and sometimes I can hardly breathe.

"I panic, and my first reaction is to rush to the balcony to get some fresh air in, and it also makes me spit.

"Unfortunately, a lady in the opposite block complained.

"It doesn't happen every day though.

"My visitors have never abused anyone, and I may have a few friends round, but we haven't caused problems.

"The real reason for all this is a drugs bust, when the police found some ecstasy tablets here which weren't mine.

"I was charged, but was not convicted because it never even got to court."

Mr Brooking, who can't work because of his health and has to use a nebuliser machine three times a day for his breathing, moved into the flat six years ago.

A suspended possession order obtained by the council in 2001 meant the former maintenance fitter would be thrown out if tenancy conditions were breached.

Last week, Swindon County Court heard that the order had been breached on numerous occasions although this was denied by Mr Brooking.

The court found in favour of the council, and Mr Brooking has until April 13 to leave.

He says he has nowhere to go, and may end up homeless.

Housing officer Mark Walker said Mr Brooking had rebuffed attempts to address the problems.

He said: "This is a triumph for residents who have suffered problems for years because of Mr Brooking.

"We gave him a chance, but he ignored it."

Resident Angie O'Donoghue, 26, said: "Coming in and out of the building we would often see people hanging over his balcony and hear loud music.

"I'm glad the council takes action against difficult people."

Coun David Glaholm (Lab, Penhill) said: "Let this be a warning to others."