A family in Newlands East, Durban, who lived in a property for over 12 years without paying rent, has been ordered to leave the premises by October 15, 2026. The KwaZulu-Natal High Court in Pietermaritzburg made the ruling, finding that the lease had been lawfully cancelled. The family, consisting of a mother, father, and five children, had occupied the property under a lease agreement concluded in 2014.
The case concerned a residential property owned by FMHC Rental SA NPC, which is under business rescue. According to the judgment, the parties have been involved in extensive litigation over the property since 2014. The court heard that the couple had not paid rent since 2014. A previous eviction attempt ended in the courts after the applicants cancelled the lease in 2014 without giving sufficient time to remedy the alleged breach.
In 2019, the High Court found that the 2014 cancellation had been unlawful because it was premature, and the eviction application based on that cancellation was dismissed. However, the latest case was based on a new breach and a new cancellation of the lease in 2025. The applicants issued the couple with a notice of breach after they failed to pay rent by the due date, giving them a month to remedy the breach.
The couple argued that the matter had already been decided in 2019 and that the new proceedings were therefore barred by the principle of res judicata. However, Judge Sibiya rejected this argument, stating that the 2019 case dealt with the legality of the 2014 cancellation, whereas the present application concerned a different breach and the 2025 cancellation.
The family argued that an eviction would leave them homeless, with the wife describing herself as the main leaseholder and breadwinner. The court was required to consider whether the eviction would be just and equitable under the Prevention of Illegal Eviction (PIE) from and Unlawful Occupation of Land Act. However, the judge found that the respondents had not provided sufficient information demonstrating that they could not afford accommodation or that the eviction would necessarily leave them homeless.
The court also noted an inconsistency regarding their employment status, with the wife stating she was the breadwinner, while the husband claimed they had been unemployed since 2016. Judge Sibiya said the property was rental accommodation rather than free housing and that the applicants had no duty to provide free housing to the occupants.
The judge concluded that the 2025 cancellation of the lease was lawful and that the respondents had no valid legal basis to remain in the property without paying rent. The family has been given six weeks to leave, and if they remain after that date, the sheriff may enforce the eviction from October 20, 2026.
Key points
- The family had lived in the property for over 12 years without paying rent.
- The court's decision was based on a new breach and cancellation of the lease in 2025.
- The family was given six weeks to vacate the property, or face eviction.
