Landlord and Tenant (Ground Rents) Act, 1967
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Determination of certain matters by arbitration. |
17.—(1) If any dispute, question or difficulty arises in regard to the acquisition of the fee simple or any other interest in land under this Act, the purchase price thereof, the apportionment of such purchase money payable in respect of such acquisition or of a rent under or for the purposes of this Act, costs or expenses incurred under this Act, compliance by a person with a provision of this Act or any other matter arising under this Act (other than sections 25 to 30 of this Act), any person concerned may apply to the county registrar for the area in which the land to which the application relates is situate to have the matter determined by his arbitration and the county registrar shall make such award as justice shall require. | |
(2) Without prejudice to the generality of subsection (1) of this section, a county registrar may, in an arbitration under this Act, make an award in relation to land— | ||
(a) determining the person (if any) entitled to acquire the fee simple therein under this Act, | ||
(b) determining the purchase price to be paid in respect of the acquisition, | ||
(c) determining the person or persons entitled to receive the purchase money in respect of the acquisition and the amount which each person is entitled to receive, | ||
(d) determining if a person is entitled to have a rent apportioned under section 5 or 11 of this Act, and | ||
(e) apportioning (whether under the said section 5 or 11 or otherwise for the purposes of this Act) any rent payable in respect of land part of which is land the fee simple in which is being acquired under this Act. | ||
(3) A county registrar shall have, for the purpose of and in relation to an arbitration under this Act, the same power of making orders in respect of— | ||
(a) security for costs, | ||
(b) discovery and inspection of documents and interrogatories, | ||
(c) the giving of evidence by affidavit, | ||
(d) examination on oath of any witness, | ||
as the Court has for the purpose of and in relation to any action or matter in that court. | ||
(4) Whenever it appears to a county registrar for any county that he cannot properly deal with a matter falling to be determined by his arbitration under this Act by reason of the fact that he has a personal interest therein or such personal knowledge of the facts or of the parties as might prejudice his determination of the matter, he shall nominate the county registrar for an adjoining county to hear and determine the matter and, upon such nomination, the matter may be heard and determined accordingly. | ||
(5) Sections 29 , 35 , 36 , 37 and 41 of the Arbitration Act, 1954 , shall not apply in relation to an arbitration under this Act. |