Landlord and Tenant (Ground Rents) (No. 2) Act, 1978
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Fees. [New in pt. cf. 1967, ss. 9, 19] |
23.—(1) The fee to be taken in the Land Registry | |
(a) for the issue of a vesting certificate under section 22 shall, where the applicant is in occupation of the dwellinghouse, be £5; | ||
(b) for an arbitration under section 21 shall, where the applicant is in occupation of the dwellinghouse, be £12 which shall be in addition to the fee to be taken under paragraph (a). | ||
(2) The Minister, with the consent of the Minister for Finance, may by order fix the fees to be taken in the Land Registry for the purposes of this Part, other than the fees mentioned in subsection (1), and may revoke or amend any such order. | ||
(3) With the exception of fees fixed in respect of the cases mentioned in subsection (1) the fees shall, so far as possible, be so fixed as to meet the full cost of dealing with the relevant application. | ||
(4) The applicant shall be liable for the payment of the fee to be taken for the issue of the vesting certificate and, subject to subsection (5), he shall also be liable for the payment of the fee to be taken for the arbitration. | ||
(5) Where the applicant is in occupation of the dwellinghouse neither he nor any other party shall be liable to make any payment, apart from the fees fixed by or under this section, to the Registrar in respect of the arbitration or vesting, save that where in the opinion of the Registrar, any party to the arbitration has behaved unreasonably (whether by act or omission) or has, without reasonable cause— | ||
(a) refused or failed to comply with a provision of this Act or delayed in so complying, or | ||
(b) refused or failed to reach agreement or delayed in reaching agreement in relation to any matter under this Act, | ||
and thereby occasioned the incurring of the whole or part of the cost of dealing with the arbitration, the Registrar may direct that the whole or a specified part of such cost shall be paid by that party. | ||
(6) Sections 9 and 19 (1) of the Act of 1967 (which provide for the costs of an arbitration) shall not apply where the applicant is in occupation of the dwellinghouse. | ||
(7) Section 14 (2) of the Registration of Title Act, 1964 , shall not apply to the taking of fees in relation to the functions of the Registrar of Titles under this Act. |