Eviction: “Sexual, athletic and squeaking noises”

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.




About Giles Peaker

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 Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.
Posted in Housing law - All, Nuisance, Possession and tagged , , .


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