shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 48 Variation or revocation of abatement order (1) After the expiration of six months from the date on which an abatement order was made and from time to time, the authority or the responsible person may, after having given the responsible person or the authority, as the case may be, seven days’ written notice of his intention to do so, apply in the prescribed form to the housing court for the abatement order to be varied or revoked. (2) Upon an application made in terms of subsection (1), the housing court may, after having taken into account the representations, if any, of the authority and the responsible person— (a) if it considers that the circumstances in which the abatement order was made have since changed, vary or revoke the abatement order; or (b) refuse the application. 49 Failure to comply with abatement order an offence Any responsible person of a dwelling which is the subject of an abatement order who fails to— (a) comply with a requirement made in terms of paragraph (b) of section forty-five; or (b) submit a list to the authority in terms of subsection (1) of section forty-seven; in relation to such dwelling shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 50 Rent not payable where dwelling vacated Notwithstanding anything contained in any law, no occupant of a dwelling who— (a) pays rent in respect of such occupation; and (b) is required in terms of an abatement order to vacate the dwelling for a definite or indefinite period; shall be liable to pay rent in respect of such period. PART V CONTROL OF HARMFUL USE OR OCCUPATION OF PREMISES AND UNDUE INTERFERENCE 51 Application of this Part A control order shall not prohibit the use of any premises for any purpose for which those premises are authorized to be used in terms of the Regional, Town and Country Planning Act [Chapter 29:12] and no application shall be made or entertained for any such control order. 52 Application for control order (1) Where an authority or any resident of an authority area considers that the owner or occupier of residential premises in the authority area— (a) is using or occupying or permitting the use or occupation of the premises in a manner which; or (b) is carrying on or permitting the carrying on of any activity in respect of the premises which or in a manner which; is having or is likely to have a harmful effect upon the general standard, character or amenity of the neighbourhood in which the premises are situated or is causing or is likely to cause undue interference with the rights of the residents thereof, the authority or resident concerned may apply to the housing court for a control order. (2) A resident of an authority area may request the authority concerned to apply for a control order and if after investigating the matter the authority considers that grounds exist for a control order the authority shall apply therefor: Provided that the failure or refusal by an authority to apply for a control order following upon a request in terms of this subsection shall not preclude the resident concerned or any other resident from applying for a control order. 53 Issue of control summons (1) An authority which or resident who wishes to apply for a control order shall lodge with the clerk of court three copies of an application in writing therefor setting out— (a) a full description of the premises concerned; and (b) the grounds upon which the application is based. (2) The clerk of court shall upon an application being lodged with him in terms of subsection (1) by— (a) an authority— (i) issue a control summons to the owner or occupier of the premises concerned calling upon him to show cause before the housing court on a date to be specified therein why a control order should not be made and shall attach to such control summons a copy of the relevant application lodged in terms of subsection (1); (ii) submit a copy of the control summons to the authority; (b) a resident— (i) submit a copy of the application lodged in terms of subsection (1) to the authority concerned requesting it to lodge with him three copies of a report upon the application; (ii) on receipt of a report in terms of subparagraph (i) from the authority concerned, issue a control summons to the owner or occupier of the premises concerned calling upon him to show cause before the housing court on a date to be specified in the summons why a control order should not be made and shall attach to such control summons a copy of the application lodged in terms of subsection (1) and a copy of the report lodged in terms of subparagraph (i); (iii) submit a copy of the control summons to the applicant with a copy of the report lodged in terms of subparagraph (i); (iv) submit a copy of the control summons to the authority concerned. (3) A control summons shall be served in the same manner as a subpoena for the attendance of a witness in a civil trial in the magistrates court is served. 54 Delivery of grounds of opposition Not less than four days before the date of the inquiry specified in a control summons the owner or occupier of the premises concerned shall, if he intends to show cause why a control order should not be made, lodge with the clerk of court and deliver to the applicant for the control order copies of a written statement setting out his reasons for opposing the making of the control order: Provided that a housing court may, on good cause shown, grant an adjournment of the inquiry to enable an owner or occupier to comply with this section or may exempt such person from the requirement to comply therewith.