Content Page: HOUSING STANDARDS CONTROL ACT Chapter 29:08

  • 38 Contents of abatement summons

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    Innocent Munyaka

    An abatement summons shall set out—(a) a full description of the dwelling concerned and the location thereof; and(b) the grounds upon which the authority considers that the dwelling concerned is overcrowded; and(c) the maximum number of persons which, in the opinion of the authority, should be permitted to occupy the dwelling concerned.

  • 37 Issue of abatement summons

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    Innocent Munyaka

    (1) Where an authority wishes to apply to a housing court for an abatement order, itshall apply in writing to the clerk of court for the issue of an abatement summons.(2) Upon an application in terms of subsection (1), the clerk of court shall issue anabatement summons in the prescribed form calling upon the responsible…

  • 36 Authority may apply for abatement order

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    Innocent Munyaka

    Where an authority considers that any dwelling within its authority area is overcrowded, it may apply to a housing court for an abatement order.

  • 35 Rent not payable where building vacated

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    Innocent Munyaka

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

  • 34 Authority may carry out order and recover cost thereof

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    Innocent Munyaka

    (1) If the owner of a building in respect of which an order has been made fails to comply with the order, the authority may—(a) in the case of a repair order, do the work; or(b) in the case of a demolition order, carry out the demolition and removal; or(c) in the case of a…

  • 33 Failure to comply with order an offence

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    Innocent Munyaka

    (1) Any owner of a building who fails to comply with—(a) a stipulation made in terms of paragraph (b); or(b) a requirement made in terms of paragraph (c); or (c) a determination made in terms of paragraph (d);of section twenty-four, twenty-five or twenty-six, as the case may be, in relation to the building of which…

  • 32 Variation, revocation or replacement of order

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    Innocent Munyaka

    (1) After the expiration of six months from the date on which an order was made and from time to time—(a) the owner or any right holder of the building concerned; or(b) the authority;may, after having given the other party or parties to the proceedings in which the order was made seven days’ written notice…

  • 31 Certificate of compliance with order

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    Innocent Munyaka

    (1) Where a repair order or a demolition order has been complied with by the owner of the building concerned, the authority shall serve on— (a) the clerk of court; and (b) the Registrar of Deeds; a certificate to that effect:Provided that, if—(a) such owner considers that he has complied with the order; and(b) the…

  • 30 Persons on whom copy of order shall be served

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    Innocent Munyaka

    (1) A copy of every order shall be served by the clerk of the court on—(a) the authority; and(b) the Registrar of Deeds; and(c) the owner and any right holder of the building concerned.(2) Upon receipt of the copy referred to in subsection (1), the Registrar of Deeds shallnote the contents of the order concerned…

  • 30 Persons on whom copy of order shall be served

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    Innocent Munyaka

    (1) A copy of every order shall be served by the clerk of the court on—(a) the authority; and(b) the Registrar of Deeds; and(c) the owner and any right holder of the building concerned.(2) Upon receipt of the copy referred to in subsection (1), the Registrar of Deeds shallnote the contents of the order concerned…