Strategies for Restrictive Covenants
Restrictive covenants can be a headache for developers who have otherwise found the perfect piece of land on which to carry out their dream development.
Elizabeth Deyong Commercial Property & Senior Partner
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Elizabeth’s central focus is to serve clients for whom property is their core business activity, always seeking to add value.
Elizabeth acts for housing developers, for commercial developers of office, business and retail parks and for landowners, taking a strategic view of her clients’ landholdings and helping them to sweat their assets.
Chambers has stated of Elizabeth that she ”receives excellent feedback for her planning and conveyancing practice on residential and commercial development projects.”
For 25 years Elizabeth has acted for businesses which are the life-blood of the East Anglian economy: farmers and food producers, technology and pharmaceutical companies, schools (private, maintained and academies), the Colleges of Cambridge University, property developers, solar & wind energy providers, along with a host of entrepreneurs who need advice from an experienced professional in a commercial context.
Elizabeth has strong experience of every stage of the residential development process, representing:
• consortia of landowners pooling land for development,
• house builders acquiring sites with or without planning permission, and
• promoters of residential land.
Elizabeth represents commercial developers, having built up expertise in:
• office and retail park set-up and arrangements for estate management,
• development agreements, pre-lets and forward funding arrangements, and
• eventual investment sales.
Elizabeth began her career in the City of London where she gained landlord and tenant expertise acting for national retailers and learning about commercial property investment, buying and selling portfolios for insurance companies and pension funds in a magic circle firm. She has practised in Cambridge since 1989.
Technically excellent, Elizabeth never loses sight of the commercial drivers of every deal she works on.
Articles by Elizabeth Deyong
Leasehold Law Upheaval: Landlord’s Enforcement Covenants
In new leases, it will be prudent for landlords to ensure that any enforcement covenants are qualified by a reasonableness requirement, as determined by the landlord.
Japanese Knotweed Nuisance
A landmark case has clarified the scope of an action for nuisance based on the presence of Japanese knotweed.
Overage Disputes & Property Developers
Overage disputes: Court likely to strictly and literally interpret the provisions of an overage agreement between experienced developers.
Landlords: Beware of Unreasonable Demands
Tenants’ circumstances change. When can a landlord reasonably refuse a tenant’s request?
Property Developers and Urban Explorers
In recent years, a subculture has developed that has caused property owners and property developers particular concern. Known as urban exploration or urbex ...
Property Owners: Getting Trespassers Out As Quickly As Possible
Trespassers will be prosecuted; a phrase familiar to all property owners. Often, the highest priority for a property owner is to regain possession as quickly as possible.
Breach of Subletting Covenants
A recent Court of Appeal case has highlighted the importance for tenants to comply with subletting covenants when granting underleases, even when tenants believe that the covenants don’t make commercial sense.
Commercial Tenants told to Mind the Gap
A recent High Court case has emphasised the importance of getting assignments of leases registered before the new tenant takes any steps under the lease.
Developers: Building Contracts & Implied Terms
The Court of Appeal has found that a term to deal with planning permissions can be implied in a construction contract ...
Landlords: unreasonably refusing consent to assign
The Court of Appeal has recently provided clarification to both residential and commercial landlords as to how they can reasonably withhold their consent to the assignment of a lease.
Is Security of Tenure Dead for Business Tenants?
A recent High Court decision has prompted many commentators to announce the end of security of tenure for business tenants.
Modifications to Restrictive Covenants – Welcome News for Developers
Developers will welcome recent guidance on the modification of restrictive covenants …
Unreliability of Non-Reliance Clauses for Landlords
This case is a valuable reminder to commercial landlords of the importance of using common sense as a guide when dealing with potential tenants.
New Electronics Communications Code takes precedence over Landowners’ Rights
The provisions of the Code reflect the priority of the government on the development of the country’s digital infrastructure. The furtherance of this aim clearly takes precedence over individual landowners’ rights.
Property Developers and the EIA Scheme
The Environmental Impact Assessment Directive updates the EU’s legislation on environmental impact assessments with a substantial refresh of the EIA Scheme.
Protecting your Assets: Minimum Energy Efficiency Standards Obligations
Rented commercial properties have to meet certain minimum energy efficiency standards (MEES) designed to reduce greenhouse gas emissions.
Business Rates Ruling Overturned
The Supreme Court has today (1 March 2017) overturned a previous judgement by the Court of Appeal in which an office building that was undergoing redevelopment was deemed capable of occupation and therefore liable for [...]
Landowners: How to Stop People Acquiring Rights to Park
How landowners can stop people from acquiring a right to park on your land simply and cheaply ...