My next-door neighbour likes to sunbathe naked, which makes me feel uncomfortable. Are they breaking the law, and can I do anything to stop them?
L.L.D.S., London.
Dean Dunham replies: I’d imagine most people would answer this question in one of two ways: either by saying it is perfectly acceptable to be naked in your own garden (as it is private property) or, if that you take all your clothes off in a place where other people can see you, it amounts to ‘indecent exposure’ and is therefore a criminal offence. In the eyes of the law, both would be wrong.
It is not actually an offence to be naked in public unless there’s intent to cause alarm or distress – and members of the public actually experience that.
If your neighbour had no intention of causing you – or anyone else who could feasibly see into their garden – harassment, alarm or distress, they are entitled to sunbathe naked.
But if they are doing this to intentionally affect you, it could be an offence – and the fact they are in their own private garden is not a valid defence.
In the first instance, speak to your neighbour or write them a note explaining that it is making you feel uncomfortable in the hope they will respect this and stop. If they do not stop, you will need to consider how much this is affecting you.
If you can truly say it is causing you harassment, alarm and/or distress, tell them, as your neighbour will now be on notice.
In other words, if they do it again they will do so ‘knowing’ this important fact and will therefore potentially fall foul of the law.
Out of the naked neighbour cases that have reached court, most have not ended up in a conviction as distress has not been proven.
Courts tend to take the opinion: ‘don’t look in your neighbour’s garden’. This would suggest that to have a valid complaint you will need to be in a situation where you have no choice but to see in the garden next door, perhaps because there is no fence.
In these circumstances, you could report it to the police, but again I urge caution as this could invoke an unwelcome war with your neighbour which would have to be disclosed if you ever decide to sell your house.
Dean Dunham replies: The only circumstances under which you would have to pay for the chair would be if you caused the damage by misuse – and it is up to the attendant to prove this.
Unless they can show you broke it by doing something you should not have done (such as jumping on it), the default position would be that the chair broke simply because of wear and tear – which is far more likely given the fact that it was repeatedly hired out.
I hired a deck chair on the beach and it broke as I sat down. The attendant said I had to pay for it. What are my rights?
B.H.,via email.
Dean Dunham replies: The only circumstances under which you would have to pay for the chair would be if you caused the damage by misuse – and it is up to the attendant to prove this.
Unless they can show you broke it by doing something you should not have done (such as jumping on it), the default position would be that the chair broke simply because of wear and tear – which is far more likely given the fact that it was repeatedly hired out.
The chances of you being taken to court for the damage are almost certainly non-existent, so simply refusing to pay is probably a safe bet.
However, there are two other points to consider. First, if you paid with a credit or debit card, the chair owner might try to charge you – so inform your card provider that you do not authorise such a transaction. Second, there is a possibility that if you refuse to pay, they could report you to the police for criminal damage.
As with a civil case, it would come down to evidence. As long as you maintain you did not cause the damage intentionally and there is no evidence to the contrary, it is unlikely a police investigation would go anywhere.
As with all matters like this, it is best to gather evidence in case you need it to defend a court action.
Take pictures, trying to capture the age and condition of the chair. In addition, any eyewitnesses who could confirm the condition of the chair and who saw the chair breaking when you sat (as opposed to jumped) on it would be helpful.
Daily Mail UK
