A 48-year-old man who refused to leave his mother's house despite a court order banning him from the property was handed a conditional discharge yesterday.

Maurice Trott, of no fixed abode, appeared in Magistrates' Court on charges of breaching the peace. He was presented with a court order last month warning him to stay from his mother's Astwood Close residence however Trott insisted on staying there.

Crown counsel Takiyah Burgess told the court that when Trott was asked to leave the home he said: "I'm not leaving cause I have nowhere to go."

His mother called Trott's brother, who came and asked Trott to leave. He then changed the locks and warned Trott of the court order.

Police were called after Trott repeatedly refused to leave the premises. Trott was subsequently arrested and taken to Hamilton Police Station where he insisted he "did not harass anyone".

The unemployed man told Senior Magistrate Archibald Warner that he pays $700 rent to his mother every month and assumed that since his rent was paid up, he could remain in the house until December 1.

Mr. Warner gave Trott a conditional discharge, explaining that without a legal document stating his rights as a tenant, his mother could ask him to leave at anytime.

He was told to stay away from the residence and to contact Police for an escort if there were belongings he needed to reclaim from the property.