When an ‘or’ is an ‘and’ in Wales

Evans v Fleri (2019) EW Misc 12 (CC) A lesson in drafting from Wales. The Housing (Wales) Act 2014 provides at Section 7(1) The landlord of a dwelling subject to a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless – (a) the landlord is licenced to do so under this Part for the area in which the dwelling is located…” Subsection (2) includes ‘serving notice to terminate a tenancy’. And at section 44(1) A section 21 notice may not be given in relation to a dwelling subject to a domestic tenancy which is an assured shorthold tenancy if— (a) the landlord is not registered in respect of the dwelling, or (b) the landlord is not licensed under this Part for the area in which the dwelling is located and the landlord has not appointed a person who is licensed under this Part to carry out all property management work in respect of the dwelling on the landlord’s behalf. (Our emphasis) …

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