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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