OpenLegislation

Paragraph 10 Land Court’s powers in respect of rent arrearsI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Land Court may, on the application of a small landholder to whom an application under paragraph 8(1) or 9(1)(b) (a “rent review application”) relates, make an order sisting any proceedings for the removal of the landholder for non-payment of rent until the rent review application is determined.

(2)

An order under sub-paragraph (1) may specify conditions (about the payment of rent or otherwise) to which the order is subject.

(3)

Where an application is made under sub-paragraph (1), the Land Court must, in determining the rent review application, also consider whether to make an order (either or both)—

(a)

imposing a payment plan in respect of the relevant rent arrears,

(b)

reducing the relevant rent arrears.

(4)

In considering whether to make an order by virtue of sub-paragraph (3), the Land Court must have regard to—

(a)

the anticipated level of the relevant rent arrears,

(b)

the circumstances which have led to rent arrears accruing.

(5)

Where the landholder has paid some or all of the rent arrears accruing in respect of the small landholding, the Land Court may—

(a)

make an order by virtue of sub-paragraph (3)(b) as if part or all of that payment had not been made,

(b)

order the landlord to reimburse the landholder to the extent that the relevant rent arrears are reduced below the amount paid by the landholder.

(6)

In this paragraph, “relevant rent arrears” means rent arrears due by the landholder to the landlord in respect of the holding as of the date on which the rent review application is determined.

Annotations

Commencement

I1

Sch. 2 para. 10 not in force at Royal Assent, see s. 47(2)