Former Chelsea goalkeeper Carlo Cudicini is involved in an ongoing legal dispute with his freeholder following the conversion of part of the roof of his £3 million flat into a sun terrace. It is alleged that this constituted a breach of covenant and trespass under the terms of his lease. The freeholder maintains that the alterations were not permitted under the lease; whereas Cudicini’s position is that the works were carried out in line with planning permission awarded to the previous owner of the property in 2006.
Leasehold covenants are legally binding promises set out within a lease which govern and regulate how a property may be used and maintained. The covenants form part of the contractual relationship between the freeholder (landlord) and the leaseholder (tenant). These covenants remain enforceable for the duration of the lease although when a tenant sells a lease, they no longer have to perform those covenants, and the new tenant must perform them instead.
A key issue highlighted by the Cudicini dispute is the distinction between planning permission and leasehold covenants. Planning permission is granted by the local authority allowing development from a public law perspective. Leasehold covenants are private obligations between the landlord and tenant which may impose additional restrictions on how the property can be used. As a result, it is possible for works to have the benefit of planning permission but still be in breach of the terms of the lease if the necessary landlord consent has not been obtained.
Why this matters
The scenario is one which regularly occurs in leasehold properties. Leasehold owners do not have the same level of control as freehold owners as their use of the property is subject to the terms of the lease. It is therefore essential when purchasing a leasehold property to ensure the lease is carefully reviewed and that there are no restrictions which may prevent you from carrying out planned works or alterations.
How we can help
Our residential real estate team has extensive experience advising on all residential real estate transactions, including complex leasehold matters. Our team is well placed to guide you through the process involving leasehold property with clarity.
If you are considering buying a leasehold property and would like a quote for our services, or if you think you may have a dispute involving your lease, please do not hesitate to get in contact – we would be delighted to assist.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at May 2026.