The Western Cape High Court has ordered tenants of a luxury home in Camps Bay to vacate the property by 30 November 2026 after they fell more than R1.4 million behind on rent.
According to the judgment, delivered on 12 October, the tenants stopped paying rent to the owner, Tania dos Santos Sousa Costa, in August 2024 on account of alleged maintenance problems.
The monthly rent was then R60 000 and was set to increase to R65 000 by August 2026. By June 2026, the arrears had already reached R1 407 500.
The tenants argued that the owner had not carried out the necessary repairs to the property. However, the court found that they had denied her access to investigate the problems and have the repairs done.
The Western Cape Rental Housing Tribunal also dismissed their request for a 30% rent reduction.
Property sub-let for R3 600 per night
The court was further informed that the tenants had sub-let a portion of the property without the owner's consent for R3 600 per night.
They also offered to buy the house for R11 million, but the owner rejected the offer.
Judge W. Amien found that the tenants could afford alternative accommodation and that it would be unreasonable to expect the owner to continue making the property available without rental income.
The court also rejected the tenants' argument that the Consumer Protection Act protected them against cancellation of the rental agreement.
Camps Bay tenants given time after matric
Because the family's oldest child is writing matric this year, the court decided to give them until after the final exams to move.
The tenants must vacate the property by 13:00 on 30 November. If they do not comply with the order, the sheriff may evict them on 2 December, with police assistance if necessary.
The tenants must also pay the owner's legal costs.
Source: Costa v N.L.D.C.J and Others [2026] ZAWCHC 596, Western Cape High Court.
This article is an automatic English translation of a Nuusflits article originally published in Afrikaans. Read the Afrikaans original.
