A Durban family who lived in a Newlands East property for more than 12 years without paying rent has been ordered to vacate the home after the KZN High Court (Pietermaritzburg) found that their lease had been lawfully cancelled.

Judge Sibiya ordered HP and her husband YI, together with their five children, to leave the premises by 15 October, reports The Mercury.

If they fail to comply, the sheriff has been authorised to carry out the eviction from 20 October 2026. 

The couple was also ordered to pay the legal costs of the application.

The case concerned a residential property in Newlands East, Durban, owned by FMHC Rental SA NPC, which is under business rescue. The couple, who are respondents in the application, had occupied the property with their children under a lease agreement concluded in 2014.

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.

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 judgment also noted that FMHC Rental SA was under business rescue and that the respondents' continued occupation without paying rent was contributing to the company's financial difficulties.

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.

Full report in The Mercury