Are you just concerned about the noise or the fire risk?
Does he have any insurance at all?
What activities are you particularly bothered about damaging your property?
Thank you.I'm afraid it isn't an instant exchange so sometimes you may wait for a reply.
The chance is that there is a covenant in the lease not to run a business from the residential premises so, you need to check the lease to see whether that’s the case. If it is, then you can bring action against the landlord for breaching the terms of his lease and/or allowing it to happen.
There is also the point to be made that whilst this is a seller, it is a cell of a residential purposes, not commercial purposes and hence, there is a planning permission issue here. That would be one for the local authority.
It is not unreasonable for you to ask the landlords for a copy of the insurance which he has in respect of the property and basement and for confirmation from the insurance company that it covers this commercial element and any potential damage to your property.
The amount of packaging which is in there would probably not cause me that much concern because a sofa with non-fire retardant foam or polystyrene roof tiles (still not uncommon) in a flat are probably a bigger fire risk and there would be nothing that you could do about that.
With regard to noise, if it is any more than the normal noise of life, it is actionable in common law nuisance and breach of the terms of the lease by the landlord for quiet enjoyment and allowing this to happen and breach of the terms of any lease of the basement.
Can I clarify anything for you?
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The phrase used is normally quiet enjoyment but it doesn’t mean quiet in the sense of noise necessarily it just means without interruption. It would encompass all of that, including noise.
However notwithstanding, there is an implied covenant not to cause nuisance in every lease.
Further, excess noise is actionable if you contact the Environmental Health Department at the local authority, they can actually issue a noise abatement notice if the noise is any more than “the normal noise of life”.
Finally, it is also actionable in common law nuisance.