‘or’ means ‘or’ in 15 year determination

47 Having regard to the actual text employed in the Determination and its context, I find that Epping’s proposition that sub-paragraph (f) assumes the prior application of either (d) or (e), in other words that the word ‘or’ after sub-paragraph A(e) must be read as an ‘and’, is not sustainable.

In short, the Member held that ‘or’ means ‘or’ in the 15 years determination.

Practitioners should be aware of this decision and consider its impact for landlord and tenant of leases over 15 or more years as it suggests that a number of those leases will be excluded from the RLA 2003.

A copy of the 15 year determination is available here.

I will post a copy of the decision when it becomes available.