34 Authority may carry out order and recover cost thereof (1) If the owner of a building in respect of which an order has been made fails to comply with the order, the authority may— (a) in the case of a repair order, do the work; or (b) in the case of a demolition order, carry out the demolition and removal; or (c) in the case of a closure order, close the building concerned in the manner; specified in such order. (2) Where an authority has acted in terms of subsection (1), it may recover the cost of such action, together with interest on such cost at the standard rate, by doing one or more of the following— (a) proceeding in a competent court against the owner of the building concerned; or (b) directing— (i) that the whole or any portion of the amount of such cost and interest be paid to the authority from rent in respect of the property concerned by— A. any person receiving such rent on behalf of the owner of the property concerned: Provided that such person may, before making payment to the authority, deduct from such rent the amount of any commission or reward bona fide payable to such person in consideration of the receipt of such rent on behalf of the owner of the property concerned; or B. any person paying such rent to— I. the owner of the property concerned; or II. a person referred to in subparagraph A; or (ii) that the Registrar of Deeds make entries in his registers and an endorsement on the registry duplicate of the title deed of the property concerned, which entries and endorsement shall constitute a hypothecation of such property— A. in favour of the authority, ranking from the date on which such entries and endorsement were made; and B. for the whole or any portion of the amount of such cost and interest: Provided that, if at any time the owner’s copy of such deed is lodged with the Registrar of Deeds for any purpose, the Registrar of Deeds shall endorse such copy to the same effect; or (c) except in the case of a building which is the subject of a closure order, taking possession of the property concerned and selling such property by public auction; or (d) where materials and debris have resulted from such action, selling such materials and debris by public auction or otherwise. (3) The Registrar of Deeds shall not pass transfer of any property hypothecated in terms of subparagraph (ii) of paragraph (b) of subsection (2) unless he receives— (a) a written request by the authority for the cancellation of such hypothecation; or (b) a written agreement— (i) signed by the authority and the transferee; and (ii) stating that any sums due and unpaid in respect of the cost and interest referred to in that para- graph, together with interest on such sums at the standard rate, shall remain and be registered as a charge against such property after transfer has been passed. (4) Notwithstanding anything contained in this section, where— (a) the building concerned is the subject of a repair order; and (b) a direction has been made in terms of paragraph (b) of subsection (2); the claim of the authority to the whole or any portion, as the case may be, of the cost and interest referred to in paragraph (b) of subsection (2) shall rank in priority to any claim or charge of any right holder of the property concerned against— (i) the rent referred to in subparagraph (i) of that paragraph; or (ii) the property concerned. 35 Rent not payable where building vacated Notwithstanding anything contained in any law, no occupant of a building who— (a) pays rent in respect of such occupation; and (b) is required in terms of an order to vacate the building for a definite or indefinite period; shall be liable to pay rent in respect of the period referred to in paragraph (b). PART IV ABATEMENT OF OVERCROWDING 36 Authority may apply for abatement order Where an authority considers that any dwelling within its authority area is overcrowded, it may apply to a housing court for an abatement order. 37 Issue of abatement summons (1) Where an authority wishes to apply to a housing court for an abatement order, it shall apply in writing to the clerk of court for the issue of an abatement summons. (2) Upon an application in terms of subsection (1), the clerk of court shall issue an abatement summons in the prescribed form calling upon the responsible person of the dwelling concerned to show cause at the time, upon the date and at the place stated in the abatement summons why the abatement order should not be made: Provided that the date stated in the abatement summons shall not be— (a) less than twenty-one days; or (b) more than thirty days; from the date of issue of the abatement summons. 38 Contents of abatement summons An abatement summons shall set out— (a) a full description of the dwelling concerned and the location thereof; and (b) the grounds upon which the authority considers that the dwelling concerned is overcrowded; and (c) the maximum number of persons which, in the opinion of the authority, should be permitted to occupy the dwelling concerned. 39 Service of abatement summons Subject to this Part, an abatement summons shall be served on the responsible person of the dwelling concerned in the same manner as a subpoena for the attendance of a witness at a civil trial in a magistrates court is served.