VAN DER WESTHUIZEN J
away during these proceedings; another has resided at the property since 1990. It is
common cause that their occupation is unlawful. It was once lawful though. They
lived on the property with the permission of a company which operated from the
property until 1999; they then paid rent to a caretaker who ostensibly acted on behalf
of the owner until 2000; and they subsequently paid rent to two different property
letting firms until 2004.
[8]
In 2004 Blue Moonlight purchased the property with the hope of redeveloping
it. The Occupiers allege that they paid rent to an individual and into two bank
accounts until the end of 2005, but Blue Moonlight contends that it never received
payments.
[9]
The condition of the property has deteriorated over the years. In 2000 and 2002
– while their occupation was presumably still lawful – the Occupiers laid two
complaints with the Housing Tribunal, but nothing came of them. In 2005 the City
issued two notices warning Blue Moonlight to remedy the fire safety and the health
and sanitation conditions on the property. It is not disputed that the current conditions
are abysmal.
[10] On 28 June 2005 Blue Moonlight posted a notice to vacate the property by 31
July 2005. This notice also purported to cancel any lease that may have existed.
Another notice, to the same effect, was posted on 6 January 2006 with a deadline of 5
February 2006.
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