55 Inquiry to be held into application (1) On the date specified in a control summons the housing court shall, subject to this Part, inquire into the application for a control order. (2) If the owner or occupier of the premises concerned or his representative fails to appear in compliance with a control summons the housing court may upon proof— (a) of service of the control summons; or (b) that the owner or occupier concerned cannot be found by diligent search; proceed with the inquiry in his absence. 56 Making of control order Having considered any evidence tendered by the parties or requested by itself at an inquiry referred to in subsection (1) of section fifty-five and after making any further inquiry, investigation or inspection it deems fit, the housing court may, subject to this Part— (a) if it considers that the owner or occupier of the premises concerned is— (i) using or occupying or permitting the use or occupation of the premises concerned in a manner which; or (ii) carrying on or permitting the carrying on of any activity in respect of the premises which or in a manner which; is referred to in subsection (1) of section fifty-two, make a control order directing the owner or occupier of the premises concerned to take such measures within such period as may be specified in the control order to remedy the situation; or (b) refuse to make a control order. 57 Factors determining making of control order In determining whether or not to issue a control order the housing court shall have regard, inter alia, to— (a) the normal type of household that uses or occupies premises in the neighbourhood concerned, with particular reference to the members and relationship of the members thereof, and where the premises concerned are used or occupied by any different such type of household; (b) the normal number of persons who use or occupy premises in the neighbourhood as guests, lodgers and servants, and where the premises concerned are used or occupied by any different such number of persons; (c) the general state of repair of premises in the neighbourhood, and where the premises concerned do not comply with such general state of repair; (d) the normal type of activity that is carried out with respect to premises in the neighbourhood and where in respect of the premises concerned any different such activity is being carried out; (f) the normal use to which premises in the neighbourhood are put and where the premises concerned are being put to any different such use; whether any such factor has or is likely to have any harmful effect on the general standard, character or amenity of the neighbourhood or is or is likely to cause any undue interference with the rights of the residents thereof. 58 Factors determining measures to be taken under control order (1) In determining the measures required to be taken in terms of a control order the housing court shall endeavour, so far as may be possible, by the issue of its order, to preserve the general standard, character and amenity of the neigh- bourhood and to prevent undue interference with the rights of the residents thereof. (2) Without derogation from the generality of subsection (1), a control order may direct the owner or occupier of the premises concerned— (a) not to permit more than a specified number of persons to use or occupy the premises concerned; (b) not to permit more than a specified number of relatives, guests, lodgers or servants to use or occupy the premises concerned; (c) to take such steps as may be specified in the order relating to the state of repair of the premises concerned; (d) not to carry out or permit the carrying out of any specified activity in respect of the premises concerned; (e) not to use or permit the use of the premises for any specified purpose. 59 Persons on whom copy of control order shall be served A copy of every control order shall be served by the clerk of court on— (a) the authority concerned; and (b) the owner or occupier of the premises concerned. 60 Control order binding on successors in title A control order shall be binding upon the owner or occupier of the premises concerned and his successors in title. 61 Names of persons required to vacate premises to be listed (1) Where a control order has specified a maximum number of persons who may use or occupy the premises concerned, the owner or occupier of the premises concerned shall, within seven days of the date of the service of the order, determine which persons who are using or occupying the premises he will require to vacate the premises in order not to exceed the maximum number and he shall submit that list to the authority within whose area the premises concerned are situated: Provided that if such owner or occupier fails to submit such list within the aforesaid period the authority shall itself prepare such list. (2) Upon receipt of a list submitted in terms of subsection (1) or upon the preparation of a list in terms of the proviso to that subsection, as the case may be, the authority shall serve written notice on the persons whose names appear on the list stating that they are required to vacate the premises concerned within a specified period which shall not be more than forty-five days from the date of such service. (3) A list referred to in subsection (1) may from time to time be changed by agreement between the owner or occupier and the authority concerned: Provided that— (i) the authority shall serve written notice on the persons whose names appear on such amended list that they are required to vacate the premises concerned within a specified period which shall not be more than fortyfive days from the date of such service; (ii) no such change shall have the effect of causing the maximum number of persons who may occupy the premises in terms of the control order to be exceeded. (4) A control order referred to in subsection (1) shall— (a) have the same effect in relation to a person whose name appears on the list referred to in subsection (1) or which has been changed in terms of subsection (3)