If the occupant can prove, however, that the nature of occupancy changed at a particular point in time (that there was an ‘ouster’), he may have recourse to a claim of prescription from that date of ouster. If the occupying tenant is protected by the Rent Act No.7 of 1972 amended by Act No.55 of 19805, even where the owner obtains a decree, the tenant cannot be dispossessed until alternate accommodation is given by the Commissioner of National Housing pursuant to Section 22(1C). iii) Settlement by payment of money a) Lessee, Licensee or Tenant effected necessary repairs and claims jus retentionis Jus retentionis is a remedy available under Roman Dutch Law to any person who has been in bona fide occupation of another’s house and has effected improvements to the property. It allows the occupant to retain possession of the property until the money spent by him on necessary improvements is paid. In affected areas, there would certainly be necessary repairs, such as replacement of roofing structure etc., and therefore if the occupant makes this claim the law will permit him to retain possession until the money is paid. Our view is that the calculation of a just compensation in each situation must be made by an independent body and, in cases where the owner is unable to meet the cost, some other contingency will have to be made, such as providing alternate accommodation for the occupant or payment of compensation from a fund set up for that purpose. b) Mortgagee, Conditional Transferee A similar issue will arise with regard to a situation where the owner can only re-possess after the repayment of the loan. This is dealt with extensively below6. 3) Displaced tenant/lessee wishes to return to the property previously occupied Some refugees and IDPs return to properties which are not owned by them, but which they occupied as tenants or lessees prior to their displacement. The applicable law is the Rent Act and Common law Returning Tenants The question of the applicability of the Rent Act must first be addressed. Section 2 describes the areas in which the Act is applicable and section 2(4) describes the premises that do not come under the Act. The issues will vary according to who is in occupation. i) Owner in occupation Unless a returning tenant demands the premises for occupation, the owner can continue in occupation. Under section 28 of the Rent Act, however, the owner of residential premises can also have an action instituted against the tenant on the ground that the tenant ceased to occupy such premises without reasonable cause, for a continuous period of not less than six months. The conflict would be considered a circumstance providing a reasonable cause for displacement, though the burden of proof will rest with the tenant. 5 6 Applicability of the Rent Act will be determined by the provisions of the Act and the regulations made thereunder Under heading 8 10