A MAN and his wife who threw out what they claimed were smelly carpets, decaying curtains and shabby furniture from a rented house in Kendal, landed in court accused of stealing it, reports Mike Addison.

But Judge Robert Brown told Christopher Martin, 25, and his wife Emma, 29, they left "without a stain on their character" after a jury at Carlisle Crown Court took less than 20 minutes to find them not guilty.

The elderly landlords, John and Margaret Morgan, who own eight other houses for rent in Kendal, claimed Mr and Mrs Martin had stolen furniture and fittings soon after they moved to number one Lound Square in April 1999.

But Mr and Mrs Martin, who now live in Hill Place, Oxenholme, said they did it only with Mrs Morgan's permission, after they complained about the run-down state of the house.

They said Mr Morgan only complained about what they had done because he was annoyed when they got together with other tenants to object about rats.

Mr Morgan insisted that the rats did not exist.

In evidence, Mr Morgan said the Martins inspected the house before agreeing to rent it.

"The house was as it stood," he said.

"They seen it, they took it and that is all they had to do."

He said that when he called later to collect the rent he noticed that the curtain carpet had gone.

Then he saw all the other fittings - including a wardrobe, curtains, curtain rods, a kitchen cabinet, a table and four chairs - were missing too.

Mrs Morgan denied giving the Martins permission to throw out the furniture so they could redecorate the house to their own taste.

"I don't give any of my tenants that privilege," she said.

"All they were interested in was taking my property.

When I went back there was no furniture there.

My house was an empty house.

They had made an awful mess of it."

She denied that the furniture - most of which was at least 25 years old - was shabby.

"It was in very good condition," she said.

She said that even though the curtains had holes in them, if the Martins had wanted to replace them with new ones they should have put the old ones back for the next tenants when they left.

Mr and Mrs Martin's barrister, June Morris, said that even though the house was "damp and smelly" when they moved in, they planned to improve it and stay there for at least two years.

They threw out the carpets, sanded and stained the floorboards and painted the walls.

"When they left it was in a better state than when they arrived," she said.

In evidence, Mr Martin said Mr and Mrs Morgan knew that he planned to redecorate the house and replace the old fittings with his own.

By the time Mr Morgan gave him notice to quit he had spent at least £1,200 improving it, he said.

Mr Martin said he was "gobsmacked" when the police arrived to take him to the police station for an interview after Mr Morgan complained.

"I couldn't believe I was being accused of doing something I hadn't done," he said.

"I was taken completely unawares.

I was in total disbelief."

Mr and Mrs Martin were found not guilty of theft.

Mr Martin was also cleared of a charge of damaging two windows at the house.

After the hearing, Mr Martin told the Gazette: "We are happy that we have been vindicated and that the matter is now closed as far as we are concerned."