A Durban family who occupied a Newlands East property for over a decade without paying a cent in rent has finally reached the end of the road. Following an epic legal battle, the KwaZulu-Natal High Court in Pietermaritzburg has ordered the family to vacate the premises by October 15, 2026.
The ruling brings an end to a saga that began in 2014, when the couple, HP and YI, first entered into a lease agreement for the property owned by FMHC Rental SA NPC.
The Long-Running Dispute
The case has been marked by years of litigation. According to court documents, the family stopped paying rent almost immediately after moving in. An earlier attempt to evict the couple in 2014 was thwarted when the court ruled that the landlord’s cancellation of the lease was premature, as the tenants had not been given adequate time to remedy the breach.
The landlord’s fortunes changed with a fresh start in 2025. After the couple failed to pay rent on time, the landlord issued a new notice of breach. When the arrears remained unpaid after a month, the lease was officially cancelled on July 29, 2025.
The Court's Decision
The couple attempted to fight the eviction by arguing that the matter was already decided in the 2019 High Court judgment. However, Judge Sibiya rejected this claim, noting that the 2019 case focused on the legality of the 2014 cancellation, while the current application was based on an entirely new breach occurring in 2025.
"The only cancellation that has been determined by the court is that of 2014, and not the cancellation of 2025," the judgment stated.
Homelessness Claims Rejected
During the proceedings, the wife argued that she was the breadwinner and that eviction would render the family homeless. The court, bound by the Prevention of Illegal Eviction (PIE) Act, was required to assess whether the eviction would be just and equitable.
However, the judge was unimpressed by the family's evidence. The court noted inconsistencies in their testimony—specifically, the wife claimed to be the breadwinner, while the husband later suggested they had been unemployed since 2016. Furthermore, the judge emphasized that the property was never intended as "free housing."
FMHC Rental SA, which is currently under business rescue, argued that the family's continued occupation without payment was actively hindering the company's financial recovery.
"As long as the respondents occupy the property, the applicants cannot get qualifying tenants who will pay as agreed in the lease and the business rescue will not succeed," the judge noted.
With the ruling finalized, the family has been granted six weeks to vacate. If they remain on the premises past the October 15, 2026, deadline, the sheriff has been authorized to carry out the eviction starting October 20, 2026. The couple has also been ordered to cover the legal costs of the application.
