Former Premier League Player’s Roof Terrace Dispute: What London Landlords Need to Know

Background: The Dispute at a Glance

Former Premier League goalkeeper Carlo Cudicini is involved in a High Court dispute with freeholder Haya Property Ltd over the alleged unauthorised use of a rear flat roof as a sun terrace at his London property. The freeholder claims Mr Cudicini breached lease terms by using the roof without consent, raising broader issues about leasehold obligations, planning permissions, and noise complaints.

Why This Matters to Landlords

This case underscores the critical need for landlords—especially those managing leasehold flats or HMOs—to understand and enforce lease covenants related to alterations and use of external or communal spaces. Unauthorized modifications or usage can lead to costly legal challenges, reputational damage, and strained tenant relations.

Key Practical Implications

1. Scrutinise Lease Agreements for Restrictions

Lease agreements often contain clauses restricting alterations or specific use of parts of the property, including communal areas and external spaces like roofs or gardens. Landlords should:

• Review leases thoroughly before approving any tenant or resident requests for modifications.
• Identify any clauses requiring freeholder or managing agent consent.
• Ensure tenants understand their obligations under the lease.

2. Confirm Planning and Freeholder Permissions

Beyond lease terms, modifications such as installing terraces or using roofs as recreational spaces may require:

• Planning permission from local authorities.
• Formal consent from the freeholder or managing agent.
• Compliance with building regulations.

Failure to secure these permissions risks enforcement action or legal disputes. Landlords should maintain records of all approvals.

3. Document Communications and Complaints

Clear, written records of communications regarding property alterations and complaints (e.g., noise from air conditioning units) are essential. This documentation:

• Helps resolve disputes amicably.
• Provides evidence if legal action arises.
• Supports transparent tenant relations.

4. Monitor Noise and Disturbance Issues

Installations like air conditioning units or increased use of external areas can generate noise complaints, potentially escalating to legal challenges. Proactive monitoring and prompt resolution can mitigate risks.

Considerations for Different Landlord Profiles

• Single-Unit Landlords: Understand lease terms and obtain appropriate consents before approving tenant alterations.
• HMO Operators: Be particularly vigilant about communal area usage and multiple tenant impacts.
• Portfolio Landlords: Implement robust processes for lease compliance and managing permissions across multiple properties.
• Accidental Landlords: Seek guidance to navigate leasehold complexities and legal obligations.

Recommended Next Steps for Landlords

1. Conduct a Lease Review: Audit lease agreements for all properties with communal or external spaces to identify restrictions.
2. Verify Permissions: Confirm any past or planned modifications have proper planning and freeholder consents.
3. Implement Communication Protocols: Establish clear workflows for documenting tenant requests, approvals, and complaints.
4. Engage Legal or Compliance Experts: Consider a compliance audit to preempt disputes.
5. Schedule Tenant Briefings: Educate tenants on lease obligations and communal space usage to minimise inadvertent breaches.

How Rentals & Sales Can Support You

Our team offers tailored portfolio reviews, compliance audits, and leasehold strategy consultations to help landlords navigate complex lease conditions and avoid costly disputes. We provide actionable insights and proven workflows that safeguard your investments and tenant relations.

Compliance Disclaimer: This article provides general guidance and does not constitute legal advice. Landlords should consult qualified legal professionals for specific leasehold or planning permission queries.