Content Page: HOUSING STANDARDS CONTROL ACT Chapter 29:08

  • 58 Factors determining measures to be taken under control order.

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    Innocent Munyaka

    (1) In determining the measures required to be taken in terms of a control order the housing court shall endeavor, so far as may be possible, by the issue of its order, to preserve the general standard, character and amenity of the neighborhood and to prevent undue interference with the rights of the residents thereof.(2)…

  • 57 Factors determining making of control order

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    Innocent Munyaka

    In determining whether or not to issue a control order the housing court shall have regard, inter alia, to—(a) the normal type of household that uses or occupies premises in the neighborhood concerned, with particular reference to the members and relationship of the members thereof, and where the premises concerned are used or occupied by…

  • 56 Making of control order

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    Innocent Munyaka

    Having considered any evidence tendered by the parties or requested by itself at an inquiry referred to in subsection (1) of section fifty-five and after making any further inquiry, investigation or inspection it deems fit, the housing court may, subject to this Part—(a) if it considers that the owner or occupier of the premises concerned…

  • 55 Inquiry to be held into application

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    Innocent Munyaka

    (1) On the date specified in a control summons the housing court shall, subject to this Part, inquire into the application for a control order.(2) If the owner or occupier of the premises concerned or his representative fails toappear in compliance with a control summons the housing court may upon proof—(a) of service of the…

  • 54 Delivery of grounds of opposition

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    Innocent Munyaka

    Not less than four days before the date of the inquiry specified in a control summons the owner or occupier of the premises concerned shall, if he intends to show cause why a control order should not be made, lodge with the clerk of court and deliver to the applicant for the control order copies…

  • 53 Issue of control summons

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    Innocent Munyaka

    (1) An authority which or resident who wishes to apply for a control order shall lodge with the clerk of court three copies of an application in writing therefor setting out— (a) a full description of the premises concerned; and(b) the grounds upon which the application is based.(2) The clerk of court shall upon an…

  • 52 Application for control order

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    Innocent Munyaka

    (1) Where an authority or any resident of an authority area considers that the owner or occupier of residential premises in the authority area—(a) is using or occupying or permitting the use or occupation of the premises in a manner which; or(b) is carrying on or permitting the carrying on of any activity in respect…

  • 51 Application of this Part

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    Innocent Munyaka

    A control order shall not prohibit the use of any premises for any purpose for which those premises are authorized to be used in terms of the Regional, Town and Country Planning Act [Chapter 29:12] and no application shall be made or entertained for any such control order.

  • 50 Rent not payable where dwelling vacated

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    Innocent Munyaka

    Notwithstanding anything contained in any law, no occupant of a dwelling who—(a) pays rent in respect of such occupation; and(b) is required in terms of an abatement order to vacate the dwelling for adefinite or indefinite period; shall be liable to pay rent in respect of such period.

  • 49 Failure to comply with abatement order an offence

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    Innocent Munyaka

    Any responsible person of a dwelling which is the subject of an abatement order who fails to—(a) comply with a requirement made in terms of paragraph (b) of section forty-five; or(b) submit a list to the authority in terms of subsection (1) of section forty-seven; in relation to such dwelling shall be guilty of an…