Gary Slapper
Download 'Too Hot', an exclusive Specials track from iTunes
"The noise was so loud I thought he had an angle grinder up there," Doris Fox, 68, told Thanet Magistrates’ Court, Kent, in a recent case. In the dock stood Giran Jobe, 36, and 15 stone.
Although grunting is not a specific offence under English law, Mr Jobe’s regular grunts had become unbearable to neighbours – that and the noise emitted when his bodybuilder power weights came crashing down on the carpet of his top-floor flat in Margate.
The carpenter was unusually keen on exercising with weights and his regular two-hour sessions at night could register noise as high as 100 decibels (the level of noise at a platform of an Underground station when a train arrives).
After an initial complaint from neighbours to the local authority, Mr Jobe was issued with a noise abatement order. But soon after that new complaints were filed at Thanet Council so investigators were sent to the downstairs homes to install recorders to monitor Mr Jobe's decibel levels.
During the next six months families living below Mr Jobe recorded 47 breaches of the noise abatement order. The offending sounds were cited as “grunting” and “noise from the weights hitting the floor”. Mr Jobe was fined £70. He has pledged to focus on push-ups.
Other proceedings about more usual noise have not been successful. In a civil action in 1999, the House of Lords decided that the ordinary use of residential premises was not itself capable of being a nuisance, and that local authority landlords (Southwark and Camden Councils) had not breached their covenants to tenants for what is quaintly known in law as “quiet enjoyment” of the leased properties.
One of the tenants in the un-soundproofed blocks had testified that she could hear “all the private and most intimate moments” of her neighbours' lives. This included “what TV station they are viewing, when they go to the toilet, when they make love”. The court said that these things should have been contemplated by the tenants when they moved into the flats. Another tenant testified that she could hear “singing, arguments, the television, snoring, coughing, bringing up of phlegm, sneezing, bedsprings, footfalls and creaking floorboards, the pull-cord light switch in the bathroom, taps running in the bathroom and kitchen, the toilet being used . . . the vacuum cleaner and . . . music played on the stereo”. A legally endorsed soundtrack of domestic Britain.
Professor Slapper is Director of the Centre for Law at The Open University. His recent book How the Law Works is published by HarperCollins
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.