People’s Housing Mortgages Act
Act 21 of 1981
- Commenced on 29 December 1981
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
Part I – Preliminary
1. CitationThis Act may be cited as the People's Housing Mortgages Act.
2. InterpretationIn this Act, unless the context otherwise requires—"borrower" means the mortgagor or chargor in respect of a housing loan;"Corporation" means the Seychelles Housing Development Corporation established under the Seychelles Housing Development Corporation Act;"defendant", in relation to an application under section 8(1), means the borrower in terms of that section;"housing loan" includes any loan which the Minister certifies in his opinion was granted by the Government or the Corporation for the purposes of housing;"housing mortgage" means a mortgage in favour of the Corporation in respect of a housing loan (whether the mort‑ gage was made before or after the commencement of this Act and including mortgages assigned to the Corporation under section 18 of the Seychelles Housing Development Corporation Act) and for the purposes of sections 4 and 6 and Part III of this Act includes a Tenant's Mortgage under the Tenants' Rights Act;"Minister" means the Minister appointed by the President to supervise the Corporation in terms of section 2 of the Seychelles Housing Development Corporation Act;"mortgage" includes charge; and"public body" means—(a)a department, division or agency of the Government;(b)a body corporate directly constituted by an Act or Decree of Seychelles;(c)a company incorporated and registered under the Companies Act, of which the Government is a majority shareholder and nominates the majority of directors; or(d)any other body of persons, whether corporate or incorporate, carrying on a service or undertaking which in the opinion of the Minister is of a public nature for the benefit of Seychelles.
3. Effect of ActThis Act shall have effect notwithstanding any other law to the contrary and notwithstanding the terms of any lease, tenancy agreement or licence to occupy.
Part II – General provisions
4. Formalities for housing mortgages
5. Warranty by borrower
6. Deduction of repayments from salaries etc.
7. RegulationsThe Minister may make regulations prescribing any matters that are required or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Part III – Remedies for breach of mortgage condition
8. Application for possession
9. Defendant's affidavit
10. Decree for possession
11. Rules of CourtThe Chief Justice may make rules of court for the better carrying out of this Part of this Act.
History of this document
30 June 2012 this version
29 December 1981