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Section 31: Tenant by Occupancy Rights in Uganda

31.Tenant by occupancy

(1)A tenant by occupancy on registered land shall enjoy security of occupancy on the land.

(2)The tenant by occupancy referred to in subsection (1) 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, with the approval of the Minister, be determined by the board.

(4)The Minister shall, within sixty days after receipt of a request for approval under subsection (3), communicate his or her decision in writing to the board.

(5)Where the Minister makes no communication of his or her ecision after the expiration of the period prescribed in subsection (4), it, shall be deemed that the approval has been given.

(6)For the purposes of this section, nominal ground rent shall mean reasonable ground rentβ€”

(a)taking into consideration the circumstances of each case; and

(b)in any case, of a non-commercial nature.

(7)Where the board has not determined the annual nominal ground rent payable by a tenant by occupancy within six months after the 12th day of February, 2010, the rent may be determined by the Minister.

(8)The rent payable under this section shall be paid within one year after the Minister has approved the rent payable under subsection (3) or determined the rent payable under subsection (7).

(9)The tenant and the registered owner if aggrieved by the decision of the board may appeal against the decision to a district land tribunal; and the district land tribunal may confirm, reverse, vary or modify the decision or make such other orders as it is empowered to make by this Act.

(10)If a tenant by occupancy fails to pay the approved ground rent for a period exceeding one year, the registered owner may 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.

(11)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 a district land tribunal, the registered owner may apply to the district land tribunal for an order terminating the tenancy for non-payment of the rent.

(12)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 does not possess a certificate of occupancy.

Plain English Summary

You have the right to security of occupancy on registered land as a tenant by occupancy. You must pay an annual nominal ground rent, which is a reason...

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