Section 32: Ground rent arrears and tribunal powers
32.Jurisdiction of district land tribunal in respect of non-payment of ground rent
(1)In any case before a district land tribunal concerning the nonÂpayment of the ground rent referred to in section 31, whether the case is commenced by a tenant or a landlord, the district 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 the tenant of his or her occupation of the land or contravened section 31(1) in any way;
(c)the circumstances, means and the necessary outgoings of the tenant;
(d)whether the tenant has vacated the land, leaving dependents 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 dependents 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 a district land tribunal may determine, the tenant or dependent referred to in paragraph (d) would be able to pay both those arrears and the regular yearly ground rent;
(i)such other factors as a district land tribunal shall think relevant or as may be prescribed.
(2)After hearing the parties to the case, a district 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 district land tribunal shall set;
(b)granting the application for the termination of the tenancy but suspending the coming into effect of the order so as to allow the tenant the opportunity to pay the arrears in accordance with any order made for their payment by the district land tribunal; or
(c)granting the application for the termination of the tenancy stating in the order the date, being not less than six months from the date of the order, by which the tenant shall have vacated the land, and may grant any such order on such conditions, if any, as to expenses, damages, compensation or any other relevant matter as the district land tribunal thinks fit.
Plain English Summary
If you are a tenant who has not paid ground rent, or a landlord seeking payment, the district land tribunal must consider several factors before makin...
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