| (1) |
Subject to the provisions of this section, an occupier's right of residence may be terminated on any lawful ground, provided that such termination is just and equitable, having regard to all relevant factors and in particular to— |
| (a) |
the fairness of any agreement, provision in an agreement, or provision of law on which the owner or person in charge relies; |
| (b) |
The conduct of the parties giving rise to the termination; |
| (c) |
the interests of the parties, including the comparative hardship to the owner or person in charge, the occupier concerned, and any other occupier if the right of residence is or is not terminated; |
| (d) |
the existence of a reasonable expectation of the renewal of the agreement from which the right of residence arises, after the effluxion of its time; and |
| (e) |
the fairness of the procedure followed by the owner or person in charge, including whether or not the occupier had or should have been granted an effective opportunity to make representations before the decision was made to terminate the right of residence. |
| (2) |
The right of residence of an occupier who is an employee and whose right of residence arises solely from an employment agreement, may be terminated if the occupier resigns from employment or is dismissed in accordance with the provisions of the Labour Relations Act. |
| (3) |
Any dispute over whether an occupier's employment has terminated as contemplated in subsection (2), shall be dealt with in accordance with the provisions of the Labour Relations Act, and the termination shall take effect when any dispute over the termination has been determined in accordance with that Act. |
| (4) |
The right of residence of an occupier who has resided on the land in question or any other land belonging to the owner for 10 years and— |
| (a) |
has reached the age of 60 years; or |
| (b) |
is an employee or former employee of the owner or person in charge, and as a result of ill health, injury or disability is unable to supply labour to the owner or person in charge, |
may not be terminated unless that occupier has committed a breach contemplated in section 10(1)(a), (b) or (e): Provided that for the purposes of this subsection, the mere refusal or failure to provide labour shall not constitute such a breach.
| (5) |
On the death of an occupier contemplated in subsection (4), the right of residence of an occupier who was his or her spouse or dependant may be terminated only on 12 calendar months' written notice to leave the land, unless such a spouse or dependant has committed a breach contemplated in section 10(1). |
| (6) |
Any termination of the right of residence of an occupier to prevent the occupier from acquiring rights in terms of this section, shall be void. |
| (7) |
If an occupier's right to residence has been terminated in terms of this section, or the occupier is a person who has a right of residence in terms of subsection (5)— |
[Words preceding section 8(7)(a) substituted by section 23 of Act No. 61 of 1998]
| (a) |
the occupier and the owner or person in charge may agree that the terms and conditions under which the occupier resided on the land prior to such termination shall apply to any period between the date of termination and the date of the eviction of the occupier; or |
| (b) |
the owner or person in charge may institute proceedings in a court for a determination of reasonable terms and conditions of further residence, having regard to the income of all the occupiers in the household. |
Housing Development Agency Act, 2008
