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Rent

Cape Town’s rental crisis: are digital nomads driving prices beyond reach for locals?

By | Rent, Tenants

Reprinted from Daily Maverick, by Rebecca Davis – 2024-12-04

We recently wrote about the tension between the benefits and drawbacks of short-term rentals such as Airbnb listings in the Cape Town rental market, where locals often have difficulty finding affordable rental accommodation. This article from the Daily Maverick shows there is another factor putting pressure on the market. 

Want to get tempers rising fast in Cape Town these days? Bring up the topic of digital nomads.

‘Hey, I work for a tech company,” began a Reddit entry from August 2024.

The author of the post, apparently American, proceeded to explain that he was considering moving his family to Cape Town.

“What sort of lifestyle is achievable with $200,000 [R3.6-million] to $300,000 [R5.4-million] a year? We have two children both primary school age and are aware of safety concerns.”

Not to worry, wrote back an apparently British digital nomad based in Cape Town.

“My 14-year-old would bus and train everywhere in London, he Ubers a lot here but it’s completely fine for him on his own if he’s streetwise. With the kind of money you’re on you can afford a driver for the kids anyway!”

Show this exchange to the average Capetonian these days, and chances are high that you will be met with something close to xenophobic rage.

Digital nomads – mostly young foreign professionals in tech, finance, media or insurance, who stay in Cape Town for months at a time working remotely – have become arguably the most hot-button issue of the moment.

John Maytham, host of the Afternoon Drive show on Cape Town’s most popular talk radio station, Cape Talk, says it is a topic which has the studio switchboards lighting up like a Christmas tree.

“I would say around 80% of the public reaction I get on this subject is negative,” Maytham told Daily Maverick.

From the perspective of the politicians at the City of Cape Town, this is an absolute no-brainer. Digital nomads already have jobs, so they don’t need employment here; they arrive with deep pockets and spend lavishly on food, entertainment and accommodation, pumping money into the local economy.

What’s the problem?

Log on to practically any social media platform and you will hear Capetonians arguing one case in particular: that digital nomads are disrupting the local markets through the weight of their (largely) Western currencies, driving restaurant and accommodation prices to levels completely unaffordable to locals.

“My mom was born and raised in Cape Town,” says Tiktokker Azee Green in a video viewed tens of thousands of times.

“I was born and raised in Cape Town, and I probably will never move out of home unless I live with someone else. I cannot afford to compete against the euro and the pound and the dollar.”

Tiktokker Jaxx-Amahle put things more bluntly in a video in late November.

“I suggest you heed this call and you listen closely: what is happening in Cape Town is unsustainable,” she tells the camera.

“That little Utopia is going to combust. And granted, at this stage, it is black and brown people who can’t afford to live in the city so no one cares – but white South Africans, you are next, I promise you. Because the rand is the rand is the rand. It’s not the euro and it’s not the dollar. And you will also be outpriced living in that city.”

One of the complicating issues is just how little data there is on this matter. In fact, there’s none.

The City of Cape Town admits that it does not know how many digital nomads are living and working in Cape Town.

Alderman James Vos pointed Daily Maverick to the Cape Town Digital Nomads Facebook group, which he said had 4,800 members. In fact, it has almost 17,000 members – but this is an obviously unreliable metric, since some members appear to be locals, and naturally not every digital nomad will be a member of the group.

Vos’s point was, however, that the number of members on the group paled in comparison with the Facebook groups for other digital nomad hotspots, like Lisbon, Bali and Medellin in Colombia.

It is highly likely that Cape Town attracts far fewer digital nomads than some of its international counterparts in safer locations. Indeed, on the website Nomads.com, which ranks destinations for digital nomads based on public feedback, Cape Town is listed at only number 36 – lower even than Lagos (31), apparently because Lagos is perceived as safer.

Daily Maverick canvassed co-working spaces around Cape Town, popular for use as offices by digital nomads, as to what proportion of their members they estimated to be foreign nationals.

The year-round average is 10-15%, said Cape Town Office; about 10%, reported Cube Workspace. A “significant portion”, estimated Workshop17.

The implementation of the South African government’s remote work visa – introduced by Home Affairs in May, just before the elections, after lobbying from the Western Cape government since 2021 – should mean that in future there will be some nomad numbers available.

Daily Maverick’s questions to Home Affairs regarding the take-up of the remote work visa went unanswered via email and WhatsApp for a week.

The new visa allows digital nomads to stay in South Africa for up to three years. Crucially, if they are spending more than six months here in a year, they need to register with SARS to pay tax.

This could go some way towards mollifying public resentment since one of the major current critiques of digital nomads is that they benefit from South African public services and spaces (roads, beaches and so on) for months on end without paying tax beyond VAT.

The question is whether digital nomads will bother to secure a remote work visa – when under the current system it is perfectly possible for them to stay in South Africa for long periods without one.

On forums like Reddit, one of the selling points of Cape Town as a digital nomad destination is how easy it is to live there indefinitely after initially entering on a 90-day tourist permit.

“You can practically stay here forever without being a resident,” one poster enthused.

“Come into the country, extend [your tourist visa] for another 3 months to 6 months. After 6 months you take a vacation and come back. Just repeat.”

Many nomads do what they term a “border run” or a “visa run”, instead of extending their tourist visa.

Amy, a Canadian digital nomad, explained the system in a 2023 YouTube video.

“Another way to get around this visa extension [issue] is by doing a visa run, which is what I did. In order to do a visa run you need to go to a non-neighbouring country for an unspecified amount of time,” she said.

Amy ended up taking a holiday in Zanzibar for two weeks.

“There aren’t any hard rules about how long you should be gone. However, if you’re only gone for about three or four days, and then you come back and try to get a fresh visa, they might only give you a week or two weeks because they think you’re just trying to do a visa run.”

To work in South Africa, even remotely, without a work permit is technically illegal.

Online, nomads swap tips: “Yes you can simply come to SA on a tourist visa and work from there. Nobody cares. Just tell the immigration officer you’re there for tourism.”

Are digital nomads skewing Cape Town’s rental market?

It depends on who you ask.

Neil Viljoen, a ReMax estate agent working largely in the City Bowl and Atlantic Seaboard areas, says the arrival of digital nomads has been a “massive player in the market”.

Viljoen said that many Cape Town-based property agencies now target digital nomads in their advertising.

“We have people coming for three, four, five months at a time and they pay good money. For a one bedroom, they’ll pay R25,000-R30,000 a month.”

Online, a common refrain from digital nomads is that Cape Town allows them to live “a 5-star lifestyle on a 3-star budget”: 3-star by Western standards.

Dutch vlogger Chris Schaap explained in a 2022 video: “You really have two options: you either stay in the City Bowl, or near the ocean”.

Showing viewers his 65 square-metre one-bedroomed apartment, Schaap said: “For an entire month, I pay around €1,600 [R30,451]. I think this is incredible value for money if you compare this to a short stay anywhere in Europe or North America”.

For locals, the Cape Town rental market in the central and coastal suburbs is eye-wateringly expensive; the median Western Cape salary in 2022, the most recent year for which Stats SA has released data, was R5,500 a month.

Of late the rental stock has also been shrinking due to the high number of properties being used either for short stays or for AirBnBs: as has been widely reported, Cape Town now has more AirBnB listings than cities like Florence, Berlin and Barcelona.

Alderman Vos strenuously defended Cape Town’s mushrooming short-term rental industry to Daily Maverick, saying that AirBnB “supported almost 50,000 jobs and contributed more than R23.5-billion to the South African economy in 2022”.

This year, videos on social media have shown hundreds of Capetonians queuing to view a single rental property, while stories abound about locals being outbid for rentals by foreigners who can offer six months’ rent or more upfront.

“It’s a symptom of a broader issue,” Ndifuna Ukwazi’s Jonty Cogger told Daily Maverick: the prioritisation of the luxury residential market, which caters for less than 10% of Capetonians.

Thus far, the City of Cape Town has shown no appetite to introduce regulation to cap rents – though Cogger points out that this would not be unprecedented for the city. He says that during apartheid, suburbs like Thornton had rent control for white tenants.

Cogger acknowledges that the question of “how much [government should be] willing to get involved in property markets” is a vexed one, due to the concern of dissuading investment. But foreign investors are themselves a disruptive force in the Cape Town property market.

“These developments keep going up and it’s fair to assume that they’re being bought up in batches by foreign investors.”

Alexa Horne, managing director of DG Properties, says the two major factors driving the Western Cape property boom are international investors and domestic semigration.

“These are primarily South African professionals and international investors seeking lifestyle and economic opportunities, not necessarily foreign digital nomads,” Horne told Daily Maverick.

She said the primary influences on Cape Town’s steep property prices were the sense of economic stability brought by the GNU, the reductions in load shedding, interest rate cuts and the city’s lifestyle appeal.

“Digital nomads might contribute marginally to rental demand, but they’re not the primary catalyst for our property price increases. They’re a visible trend, but not the fundamental economic driver many assume them to be.”

Yet that doesn’t stop them being scapegoated.

A report in Vox about digital nomads in Mexico City offers a revealing clue as to why:

Many residents acknowledge that it’s unproductive to blame foreigners for structural issues like housing, but they often have no other outlet for their frustration. As one Mexican blogger put it, “I feel like I can’t do anything directly against the housing bubble, but at least I can get some sort of satisfaction out of taking it out on what I’ve appointed as one of its representatives.”

“Digital nomads, go home!”

These stickers can be found around Mexico City: just one of the global spots where hostility towards digital nomads has been rising steadily over the past few years.

One digital nomad based in the Canary Islands received over 400 “bullying” messages from locals, calling her a “coloniser” after she posted a video online about one of her co-working ventures.

There are many places worse hit by the impact of remote workers than Cape Town. Costa Rica has seen sleepy beach spots rendered unaffordable to families who have spent annual holidays there for generations.

In digital nomad communities, there are certain ways of digital nomading considered more socially responsible than others. Some maintain that it is more ethical to stay in a hotel than in a residential property; others believe that it is incumbent on digital nomads to get involved in volunteer activities for NGOs in their host cities.

On Reddit, one common bit of advice nomads share is to avoid identifying themselves as digital nomads due to the growing antipathy.

Doubtless as a result of this rancour, Daily Maverick found it very difficult to persuade digital nomads in Cape Town to speak to us, despite reaching out to both individuals and online nomad groups.

The sole individual willing to talk to us asked to be identified only as Taylor from Toronto, who works remotely in logistics and who is currently undertaking her third three-month stint in Cape Town.

“Cape Town has blown up this year on the digital nomad scene, I think because the electricity problems were brought under control,” Taylor told Daily Maverick.

“Before then, it was the one thing you would hear all the time: South Africa is so beautiful and so affordable, but the electricity issues make it not that great for remote working. Now it’s like that roadblock is out of the way.”

She said the general consensus was, however, that Cape Town was less desirable as a digital nomad destination than places like Bali and Thailand because of the safety issue, particularly for female travellers.

Taylor was aware of the negative image of digital nomads in places like Spain and Portugal, but said that she hadn’t experienced any personal hostility in Cape Town.

“In practice I find that people in Cape Town are extremely friendly,” she said. DM


For further information

If you are a property owner, Airbnb host, or tenant with any questions on rental housing legislation or landlord–tenant relations, contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za. Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban working hard to help landlords and tenants maintain healthy working relationships.

Further reading:

How to evict non-paying tenants

By | Evictions, Rent, Tenants

Evicting a non-paying tenant is a legal matter that should be handled to avoid incurring losses. This is how an eviction can be done.

Reprinted from citizen.co.za, by Kayla Ferguson – 2024-01-23

While it can be a lengthy process to evict tenants who fail to pay their rent, there are procedures in place to make sure that both the tenants’ and the landlords’ rights are protected. Following the necessary steps is key to a hassle-free eviction process.

Legal provisions

Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa explains that both the tenant and the landlord must play fair with respect to their rental agreement.

“It is crucial to abide by the contractual agreements and, if not, to then proceed with the required legal procedures stipulated in this regard. It is only when people deviate from this that issues start to occur,” he notes.

Tenants are protected by two pieces of legislation, namely: the Prevention of Illegal Eviction from Unlawful Occupation of Land Act, No. 19 of 1998 (PIE Act), and the Rental Housing Act of 1999 (RHAct) as amended. The first sets out the process for evicting tenants, and the second makes it a criminal offence for a landlord to simply cut the supply of electricity or water, change the locks, confiscate tenants’ belongings, or stop a tenant from having access to the property.

“It is vital to always play by the rules. While you might think you can get a non-paying tenant out quicker if you change the locks or defer to other intimidation tactics, the truth is that this will most likely only provide the tenant with ammunition to use against you in the court proceedings. This will only drag things out further and cause more unnecessary complications and delays,” says Goslett.

Although it might be forgivable for the odd late payment if it’s a bank or financial system-related problem, a landlord cannot be so lenient if their tenant gets into the habit of paying their rent late.

How to go about the eviction

“Because the monthly payment date forms part of the rental agreement – which must also comply with the Consumer Protection Act – when a tenant doesn’t pay on time, they are technically in breach of contract. Legally, this means that a landlord should send the tenant a formal letter explaining that they have 20 business days to make the payment, and if they don’t pay their rent in that time, their lease will be cancelled,” Goslett explains.

If the tenant fails to pay what is due within the stipulated timeframe, the landlord can legally terminate the lease and ask them to leave. If the tenant refuses, the landlord can then take out a court order to evict the tenant for breach of contract.

“This process can take up to six months, during which your tenant can stay in your property and will probably still not pay rent. Once the eviction is granted, the tenant is usually given at least another 14 days to find new accommodation before the eviction order is executed,” says Goslett.

Because the eviction process can be so lengthy, Goslett suggests taking steps as soon as possible to prevent too great a loss of income. “The longer you take to act on a late or missed payment, the longer it will be before you can legally evict a tenant who continues to miss payments.”

To guard against this, landlords are encouraged to work with a professional RE/MAX rental agent who can thoroughly screen potential tenants and minimise the risk of late or missed payments.

“It can be tempting to go it alone in the mistaken belief that handling the property rental yourself will save you money. Also, when we’ve found the perfect tenant, it’s impossible to think that something might go wrong – until it does. It is better to get expert help from the very beginning than to try and navigate these challenges on your own,” Goslett concludes.


For more information on evicting a non-paying tenant

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help evicting a non-paying tenant.

Further reading:

Rent control

The history of rent control

By | Lease Agreement, PIE, Rent, Rental Housing Act

Rent control no longer exists, but tenants are still protected  

If you are a tenant, you know that South Africa’s rental housing market is in crisis. Anyone who has tried to find a property to rent in Cape Town recently will tell you they’ve been one of a dozen prospective tenants to view a property in one afternoon, often trailing around multiple properties with the same group of contenders. When they finally find a place they like, they are one of three or four candidates (or more!) to submit an application to rent. Landlords have their pick of tenants, and tenants often wind up bidding for a property – offering more than the advertised rental – just to secure a desirable property. Those with limited budgets struggle to find suitable accommodation, or wind up moving far from friends and family to secure affordable lodgings. It’s not easy for landlords either. Despite the competition for tenancies in Cape Town, in other parts of South Africa it can take months to find tenants. 

The economy is in crisis, and rental arrears are common. Landlord–tenant disputes often wind up in the eviction courts. Rental housing legislation and the Consumer Protection Act give tenants indisputable rights, but rental housing is still a minefield. Landlords also have rights, along with responsibilities. Do they have the right to put up rents, and to what extent? What does the law say about rent control? We look at the rules and regulations governing rent and rent increases in South African law.

What is rent control?

Rent control is a law placing a maximum price, or a “rent ceiling,” on what landlords can charge tenants. Rent controls may sound desirable, from a tenant’s perspective at least, because the ceiling is usually set below market level. But economists agree (a rare occurrence!) that rent controls are destructive. They generally reduce the amount of housing available, even in uncontrolled zones. There is rarely enough supply of rent-controlled properties to meet demand, and excess demand must then be met by noncontrolled properties. This demand pushes rents up in noncontrolled areas, and the average price of rental housing winds up being higher than it would be with no rent controls. The other effect of rent controls is to reduce supply, because landlords unaffected by controls fear the controls might eventually reach them, and don’t put their properties on the rental market. New investment into rental housing is often diverted to other ventures, leading to a deterioration in housing stock. Therefore, while rent control might sound like a good strategy for tenants, it does not result in a healthy rental housing market.

Rent control in South Africa

The place most famous for rent control is New York City. But South Africa also had rent controls in the past. When and why was rent control implemented – and abolished? 

Historically, South Africa passed rent control legislation to protect tenants from exorbitant rent increases and evictions which were a result of the acute housing shortage that existed around the time of the Second World War. Initially, the aim was to provide some security of tenure for existing tenants, along with a limited number of grounds for eviction. Property owners did not appreciate these restrictions and viewed the legislation as an infringement of their common law rights. For example, common law allowed landowners to terminate a month-to-month lease by giving one month’s notice. However, the courts declared that the one-month notice period was to be interpreted as “not later than the first day of the month to be effective for that month”, which meant the actual notice period could be longer than 30 days. Another example was the restriction placed on landowners by the Rent Control Act 80 of 1976 regarding notice to vacate, i.e.:

  • Three months’ notice if the dwelling was required for personal occupation
  • Six months’ notice if required for renovation, giving the tenant the first right to re-occupy the dwelling
  • 12 months’ notice if the landowner  intended to demolish the dwelling

Landowners also had to satisfy the High Court that the demolition or reconstruction was in the public interest and the Minister of Housing had granted permission. 

As a result, landlords campaigned to overturn rent control and these restrictions. Their efforts were broadly successful and rent controls were subsequently limited to dwellings built and first occupied on or before October 20, 1949. Any tenant, regardless of income, who occupied this category of dwelling was “protected” by the provisions of the Rent Control Act. Tenants whose dwelling did not fall into this category, but who were occupants at the time the dwelling was de-controlled, still enjoyed the “protection” of the rent control legislation if their income was within a specific income band.

Eventually, rent control ceased to apply to any dwelling built after 1978-1980 and all dwellings in “white” residential areas were eventually phased out of rent control by the early 1990s.

How is rent governed now? 

Residential leaseholders are no longer “protected” under Rent Control legislation. The Rental Housing Act of 1999 provided a “cooling off” period of three years for tenants who were living in rent-controlled dwellings. On July 31 2003, rent control ceased to exist, enabling landlords to increase rentals without restriction and removing the requirement to apply to a statutory body (the now-defunct Rent Boards) for an increase. 

Self-governing market

The Rental Housing Act does not dictate the rate by which a landlord may increase the rent each year. However, the amount of increase and the frequency with which the increase can occur should be clearly set out in the lease agreement. It is usually one year, and corresponds to the date of lease renewal. The landlord may not attempt to increase the rent during the lease period unless the lease contains a clause permitting it. Furthermore, the landlord may not increase the rent excessively, i.e., above market rates (the rate one can expect to pay for a similar property in the same area). The market has been left to govern itself.

Rents are generally increased by 8-10% per annum. Rental income is not pure profit for a landlord. Property owners bear the operating costs of municipal rates, insurance, maintenance and repairs, and interest rate movements if the property is mortgaged. In the current inflationary environment, landlords have to ensure their annual recalculation maintains their rental at a viable level, while also remaining cognisant of the cost pressures their tenants are facing.  

A balancing act

The abolishment of rent control was welcomed by landlords, but removed an element of financial protection from low-income, previously disadvantaged tenants. The Constitution ensures a right of access to adequate housing and a right to occupy land with legally secure tenure. However, the lack of legislative restrictions on property rents means that some tenants struggle to find suitable affordable rental housing options. As a result, they have been forced to occupy properties that are outside their budget, thus increasing the likelihood of defaulting on their rental payments and, by extension, increasing the chance of eviction. Where there is limited supply of housing stock and excess demand, as in Cape Town, the market tends to push prices up. Most experts agree that rent control is not the solution. But the current housing crisis in South Africa demonstrates there is a severe need for more affordable housing to be available. 

Meanwhile, if you need help

At SD Law, we are a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We can’t change legislation or influence market forces, but we can help both landlords and tenants with rental housing matters, including reaching mutually acceptable agreements regarding rent and other conditions of occupancy. If you need assistance with a dispute or want advice on any aspect of rental housing or landlord–tenant relations, contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za.  

Further reading: