Act 16 Land Act 1998 (2) The tenant by occupancy referred to in subsection ( 1) of this section shall be deemed to be a tenant of the registered owner to be known as a tenant by occupancy, subject to such terms and conditions as are set out in this Act or as may be prescribed. (3) The tenant by occupancy shall pay to the registered owner an annual nominal ground rent as shall be determined by the Board. (4) The tenant and the registered owner if aggrieved by the decision of the Board may appeal against the decision to the Land Tribunal and the Tribunal may confirm, reverse, vary, or modify the decision or make such other orders as it is empowered to make by this Act. (5) The approved rent determined under subsection (3) shall not exceed one thousand shillings per year irrespective of the area or location of the land. (6) If a tenant by occupancy fails to pay the approved ground rent for a period exceeding two years, the registered owner shall give a notice in the prescribed form to the tenant requiring him or her to show cause why the tenancy should not be terminated for non-payment of rent and shall send a copy of the notice to the Committee. (7) If the ground rent is not paid within one year from the date of service of notice or the tenant by occupancy has not taken any steps within six months after the date of service of the notice to challenge the notice by referring to the Land Tribunal, the registered owner may apply to the Land Tribunal for an order terminating the tenancy for non-payment of the rent. (8) The maximum annual ground rent referred to in subsection (5) may be revised every five years by regulations made under section 94 of this Act. (9) For the avoidance of doubt the security of tenure of a lawful or bona fide occupant shall not be prejudiced by reason of the fact that he or she dQCs not possess a certificate of occupancy. 38