More results...

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment

Eviction: “Sexual, athletic and squeaking noises”

24/08/2014

In a case that recalls the ‘unnatural’ noises emanating from Concord, Tyne and Wear, a German Court was faced with a tricky decision in a claim for possession.

the swingThe ground given was that the tenant had installed a ‘very old’ sex swing in 2012. And, despite a clause in the tenancy agreement requiring him to be quiet between 10pm and 7am, the tenant had apparently been determined to make the most of his second-hand purchase. (Or maybe third hand. Yes, I know, it doesn’t bear thinking about.)

The landlord had received multiple complaints from neighbours of “sexual, athletic and squeaking noises” late into the night, and decided to evict.

The Court upheld the eviction, stating that late night squeaky sex swinging “would no longer correspond to normal rental use, and must therefore not be tolerated as socially acceptable”.

Ground 12? Ground 14?  In any event, the obvious lesson is to keep your swing well oiled. And if the squeaking isn’t actually the swing, plead Article 8, and the right to private, if a bit worn out, swinging.

My thanks to Jan Luba QC for the link.

https://twitter.com/janlubaqc/status/503624395659956224

 

 

Share on Bluesky

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Bluesky. (No longer on Twitter). Known as NL round these parts.

1 Comment

  1. AM

    So, 100 and 2 uses for baby oil then.

    Reply

Trackbacks/Pingbacks

  1. Ben Reeve Lewis Friday Newsround #168 - […] But if you need any further convincing that renting land can be a funny old business, Giles Peaker over…
  2. News – housing law practitioners association - […] Eviction: “Sexual, athletic and squeaking noises” […]

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.