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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Global | Publication | April 2018
Landlords in England face a myriad of statutory rules and regulations when granting assured shorthold tenancies (ASTs) – the default for residential tenancies granted since 1997.
The list includes compliance with certain “prescribed requirements” before a landlord serves a notice to terminate an AST using the fast-track “no fault” procedure in section 21 Housing Act 1988 (section 21 notice). One such prescribed requirement is to provide the tenant with a gas safety certificate. A failure to comply means that a section 21 notice will be ineffective to recover possession.
A recent case casts a worrying light on compliance with these requirements, at least from a landlord’s perspective.
In Caridon Property Ltd v Monty Shooltz (unreported), the County Court held that a gas safety certificate provided before the service of a section 21 notice but after the tenant had gone into possession of the premises was not sufficient. This was because gas safety certificates must be provided in accordance with gas safety regulations and these require the certificate to be given to a new tenant before it occupies the premises. As a result, the section 21 notice served by the landlord was held to be invalid.
Landlords and their agents should ensure that gas safety certificates (and other “prescribed requirements” such as Energy Performance Certificates) are provided before the start of an AST and before the tenant takes possession – and also ensure that they keep watertight evidence to that effect.
To quote the judge in this case, the landlord had a “once and for all” opportunity to comply.
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
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The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
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