Section 29 (4) provides that if a tenant vacates the premises prior to the end of the period,
the landlord or any member of his family may enter into occupation of the premises, or the
landlord may let such premises to any other tenant. Voluntary vacation of the premises and
forced displacement are, however, two entirely different situations. Again it will have to be
left to courts to decide this issue on a case-by-case basis.
Our view is that a mediatory or conciliatory body be set up to deal with issues of this nature.
ii) Another Tenant in occupation
During the operation of a previous tenancy agreement, the owner cannot enter into a new
agreement, and should not let the premises to another person. On the basis of the existing
tenancy agreement, the returning tenant can file an action against the present tenant and
for damages against the owner.
iii) Unrelated third person in occupation
Section 17 of the Rent Act gives protection to a tenant from a landlord or other person
against interference of any sort in the occupation or use of any premises by the tenant, or
the person in occupation, or in any manner preventing access to such premises by a tenant
or other person. A tenant will not, however, be able to regain possession of the tenanted
property if it has been completely destroyed and a new building constructed.
4) Property completely or partially damaged and unable to be occupied
Since a large number of houses have been completely or partially damaged, returning
refugees and IDPs are often unable to occupy them. They are also without means to rebuild
their properties in the absence of compensation. Guiding Principle 21 on Internally Displaced
Persons casts a burden on the State to protect the properties of the displaced.
The applicable laws are: Housing and Town Improvement Act No.38 of 1980; Urban
Development Authority Law No.41 of 1978 amended by Act No.70 of 1979 and Act No. 4 of
1982.
The main problem faced by returning refugees and IDPs in rebuilding or repairing their
houses is the lack of financial assistance. Although, in theory, one might be able to sue either
the State or the person responsible for the damage caused to the property, in practice this
may not be possible for various reasons. Therefore this situation can only be addressed by a
scheme of compensation or other material assistance to those affected.
At present the State is paying an inadequate amount of compensation and that, too, is not
in a consistent manner. Proof of ownership of property is necessary for a claim to
compensation. Field studies reveal, however, that a sizeable number of persons in the
conflict-affected areas do not have documentation to prove ownership.
Our recommendation is that the State should devise a scheme for compensation that is
adequate to repair fully or rebuild houses. In cases where the owner is unable to furnish the
necessary documentation, other secondary evidence of ownership ought to be accepted.
Care should be taken, however, to ensure that compensation is used appropriately.
Section 6(1) of the Housing and Town Improvement Act does not provide for alterations of
any kind (as listed in sub-section (2)) without the written consent of the chairman of the local
authority. Therefore, if repairs or reconstruction involve any deviation from the original
approved plan, the relevant local authority must first approve the new plan.
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