Act 16 Land Act 1998 33. (1) In any case before a Land Tribunal concerning the non-payment of the ground rent referred to in section 32 whether the case is commenced by a tenant or a landlord, the Land Tribunal shall have regard to the following factors( a) whether the person claiming the ground rent is the registered owner of the land or his or her lawfully authorised agent; (b) whether the landlord has interfered with the quiet enjoyment by thetenantofhis or her occupation of the land or contravened in any way the provisions of subsection (I) of section 32; ( c) the circumstances, means and the necessary out goings of the tenant; ( d) whether the tenant has vacated the land, leaving dependants with no means of support on the land; ( e) whether the non-payment of the ground rent is deliberate; (f) the efforts made by the tenant or the dependants referred to in paragraph (d) to pay the ground rent; (g) any negotiations over the arrears which have taken place between the landlord and the tenant and their outcome; ( h) the likelihood-that if- the arrears were averaged out over such reasonable period as the tribunal may determine, the tenant or dependant referred to in paragraph (d) would be able to pay both those arrears and the regular yearly ground rent; (i) such other factors as the Land Tribunal shall think relevant or as may be prescribed. (2) After hearing the parties to the case, the Land Tribunal shall make an order(a) directing that the tenant shall pay the arrears either in one lump sum by a due date or in instalments over such period of time as the Tribunal shall set; or 39 Jurisdiction of Land Tribunal in respect of nonpayment ot ground rent.

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