Content Page: HOUSING STANDARDS CONTROL ACT Chapter 29:08

  • 48 Variation or revocation of abatement order

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    Innocent Munyaka

    (1) After the expiration of six months from the date on which an abatement order was made and from time to time, the authority or the responsible person may, after having given the responsible person or the authority, as the case may be, seven days’ written notice of his intention to do so, apply in…

  • 47 Names of persons required to vacate dwelling to be listed

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    by

    Innocent Munyaka

    (1) Where an abatement order has been made in respect of a dwelling, the responsibleperson shall—(a) within a period of seven days from the date when the abatement order was made; and(b) after the expiry of the period referred to in paragraph (a), within aperiod of seven days from the date upon which he is…

  • 46 Abatement order binding on successors in title

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    by

    Innocent Munyaka

    An abatement order shall be binding upon the owner of the dwelling concerned and his successors in title.

  • 45 Contents of abatement order

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    by

    Innocent Munyaka

    An abatement order shall—(a) specify—(i) the dwelling in respect of which the abatement order is made; and (ii) the maximum number of persons permitted to occupy the dwelling referred to in subparagraph (i);and(b) require the responsible person to ensure that—(i) the total number of persons occupying the dwelling concerned is reduced to the occupation quota…

  • 44 Persons on whom copy of abatement order shall be served

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    Innocent Munyaka

    A copy of every abatement order shall be served by the clerk of court on—(a) the authority; and(b) the responsible person.

  • 43 When dwelling deemed to be overcrowded

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    by

    Innocent Munyaka

    A dwelling shall be deemed to be overcrowded if—(a) the number of persons sleeping in the dwelling is such that any two of such persons—(i) being persons ten years or more of age of opposite sex; and (ii) not being persons living together as husband and wife; must sleep in the same room; or(b) it…

  • 42 Making of abatement order

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    by

    Innocent Munyaka

    Having considered any evidence or argument tendered by the parties or requested by itself at the inquiry referred to in subsection (1) of section forty-one, the housing court may—(a) where it is satisfied that the dwelling concerned is overcrowded, make an abatement order; or(b) refuse to make an abatement order.

  • 41 Inquiry to be held into application

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    Innocent Munyaka

    (1) At the time, upon the date and at the place stated in the abatement summons, thehousing court shall, subject to subsection (2), inquire into the application for an abatement order.(2) If the responsible person or his representative fails to appear in compliance withthe abatement summons, the housing court may—(a) upon proof of service of…

  • 40 Delivery of grounds of opposition

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    by

    Innocent Munyaka

    Not less than four days before the date stated in the abatement summons, the responsible person may, if he intends to show cause why an abatement order should not be made, deliver to the clerk of court and to the authority copies of a written statement setting out his reasons for opposing the making of…

  • 39 Service of abatement summons

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    by

    Innocent Munyaka

    Subject to this Part, an abatement summons shall be served on the responsible person of the dwelling concerned in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is served.