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Eviction attorney cape Town Archives | Eviction Lawyers South Africa

The rise and rise of Airbnb

By | Tenants

Can Cape Town accommodate both tourists and residents?

Anyone looking for a flat to rent in Cape Town knows the city has a housing crisis. In popular areas, desirable properties are snapped up as soon as they come on the rental market, having been viewed by multiple hopeful prospective tenants. The rise of short-term rental platforms like Airbnb has been blamed by some for a dramatic shift in the housing market and the difficulty faced by locals trying to find affordable rental accommodation. But the reality is far more complex. Airbnb is only one factor influencing the housing market, and its impact is not exclusively negative. Short-term lets bring advantages as well as disadvantages. We look at both sides of the story.

Short-term lets

In the last few years, and especially since the Covid-19 pandemic, Cape Town has seen a surge in the popularity of short-term rentals. In areas like the City Bowl and Atlantic Seaboard, Airbnb listings have increased by 190% since 2022. According to Inside Airbnb, Cape Town has 23,564 listings, which attract an average price of R2367 per night. Most of these are entire homes. However, this is not the only source of pressure on the housing market.

Internal migration

The Western Cape has long been a destination for internal migration. About one in five of the province’s 7.433 million people was born elsewhere in the country, with two thirds coming from the Eastern Cape. Recently, inward migration has increased. Over the past 10 years, 295,908 people came to the Western Cape from other provinces, while 112,520 left, giving the province the highest inter-provincial net increase in the country at 183,388. (Source: StatsSA’s 2023 Migration Profile Report for South Africa, which analysed South Africa’s migration patterns.) One look at the number of Gauteng numberplates on our roads indicates that inward migration from Gauteng has increased, notably since Covid-19. Gauteng’s share of outmigration according to Census 2022 was 26.7%. This is an increase from 17.8% in Census 2011. Furthermore, the Western Cape is the place people are least likely to leave. Joburgers who come to Cape Town do so for a better life, with no intention of leaving, whereas people who move to Joburg often do so for economic and career advancement, with a very clear deadline in mind. Internal migration, whether from Eastern Cape or Gauteng, contributes to the shortage of housing stock. It’s inaccurate to attribute the entire problem to Airbnb.

Community concerns about short-term lets

Certain sectors of society have concerns about the negative effects of short-term lets and platforms such as Airbnb, and these concerns are legitimate. Some worry about the erosion of neighbourhood integrity and the displacement of families. When properties are converted to temporary accommodation, the stability enjoyed by long-term residents may be undermined. They may worry about noise and safety. They may feel a loss of cultural identity in areas that have historically defined Cape Town.

Undeniably, the growth in the short-term rental market has an impact on property affordability in the Mother City. It is not only rental prices that have been pushed up; property values are also rising, although this is driven by a variety of factors, including the attractiveness of Cape Town as a destination for both tourists and internal migrants. People relocating from Joburg remark on the high house prices here relative to their Gauteng property values. First-time buyers find it very difficult to get on the property ladder in Cape Town.

Advantages of short-term lets for communities

There are two sides to every story. Cape Town relies on tourism. As the rand has weakened over the years, South Africa has become an increasingly attractive destination for visitors from Europe, the UK, and the US. But even with a strong currency, hotel stays are expensive, especially when meals are factored in. The expansion of the accommodation market has made Cape Town accessible to a wider cohort of visitors. Furthermore, Airbnb has brought tourism into neighbourhoods that did not traditionally serve this trade, benefitting the local economy. Visitors occupying an entire house often buy groceries at local shops, dine in local restaurants, etc., supporting community entrepreneurs. There is an indirect, spin-off benefit in the increased need for support services, such as cleaners and Uber drivers.

Airbnb can also reveal previously “hidden” areas of Cape Town, taking visitors beyond the typical tourist areas. Allowing people to experience a more authentic side of Cape Town can encourage longer-term interest and engagement with the city and lead to return visits.

Furthermore, not all Airbnb hosts are wealthy tycoons with a portfolio of rental properties. Many are private individuals trying to supplement their meagre income. Many hosts move out of their own homes during the peak season and move in with family in order to make the entire property available to guests (a much more attractive proposition than a room in a shared home). Hosts report that Airbnb is a vital source of supplemental income which helps them make ends meet, as the cost of living continues to escalate.

The need for regulation

Proponents for both sides of the argument agree on the need for regulation. In response to a request from the Federated Hospitality Association of South Africa (FEDHASA), the Department of Tourism revealed its intention to regulate Airbnb and other home-sharing apps in April 2019 through the Tourism Amendment Bill. It published a green paper on the development and promotion of tourism in South Africa in October 2023, undertaking a policy review process that will inform the regulations in the Bill. Under consideration is a threshold for Airbnb locations in South Africa, including limits on how many nights a guest can book at one property. The aim is to keep properties available for long-term rental while still allowing homeowners to benefit from Airbnb during peak seasons. It’s hard to see quite how that would work; tenants want a home all year round. But requiring hosts to register with local authorities could provide greater transparency and more effective oversight of the short-term rental market.

The Chair of FEDHASA, Rosemary Anders, summarises: “We need to ensure that government and local authorities implement sustainable tourism policies that protect the economy, local communities and residents’ rights while simultaneously providing attractive accommodation options for tourists. This approach necessitates frameworks that safeguard all stakeholders.”

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.

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Eviction deadline passes – what will happen at The Castle?

By | Eviction news, Homeless

Reprinted from CapeTownetc., by – 2024-10-23

Following an eviction order from the Cape Town High Court, unlawful occupants living outside the Castle of Good Hope were notified to vacate the premises by October 17, 2024.

However, the group remains in place, reports Cape {town} Etc.

Castle Control Board CEO, Mr. Calvyn Gilfellan, commented on the situation, acknowledging the likelihood of resistance from the remaining occupants. He explained that none of the individuals voluntarily left by the court-mandated date, which raises concerns about potential tension.

‘We urge all involved in the now imminent eviction to do so with the utmost dignity and restraint. That goes for both unhoused community members and the Sheriff of the Court,’ Gilfellan told Cape {town} Etc.

He also confirmed that the Castle’s team has been in discussions with the City of Cape Town and the Department of Public Works to plan post-relocation rehabilitation, security, and future use of the site.


For further information

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 with tenants’ rights or landlords’ responsibilities.

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Land occupiers voice desperation over ‘threats and intimidation’

By | Eviction news, Homeless

Reprinted from iol.com, by Nomzamo Yuku – 2023-02-04

Cape Town – The Khoisan community claiming to be the original land owners of Knoflokskraal in Grabouw and Klutjieskraal in Wolseley, say government is pushing them beyond their limits with illegal evictions and threats.

They spoke following a reported attack by security members deployed at the Knoflokskraal, who allegedly ordered a resident to vacate his home after he attempted to expand his property, last month. They said the security team was accompanied by police officers and that after failing to give the residents a court order for the eviction, they allegedly destroyed the extended structure and told them they would be back to order them to leave their homes.

The two informal settlements were allegedly established two years ago when many say they lost their incomes and could not afford to pay rent anymore and invaded unoccupied land. The two pieces of land belong to the National Department of Public Works, and there have allegedly been illegal evictions ever since.

“We can’t live like this anymore. These people do as they please to us any time they want, threatening to destroy our homes. We fought this battle last year and just when we thought it is over they come again. If it wasn’t for the community I would be homeless. Our only defence was to demand the court order of which they couldn’t provide. We want the the municipality and the department of public works to stop this. We are not criminals, we can’t live in fear every day of our lives,” said Adnaan Backett, 58.

Patricia de Lille, Minister of the national Department of Public Works and Infrastructure said: “The occupants were restricted from building new structures on the properties as per the Containment Order that is currently in place.”

Provincial police spokesperson Lieutenant Colonel Malcolm Pojie confirmed that police attended to the matter.

The incident angered the Khoisan community as the Klutjieskraal dwellers, who witnessed homes destroyed until January 28, recalled how the disabled and sick Christopher Steyn, 60 , was left homeless in December 2022, when structures were illegally destroyed without a court interdict. The community opened cases with police against the law enforcement security company, which they say, was in vain.

“I couldn’t believe it when I heard they attacked residents again in Knoflokskraal. Our case is not resolved yet, there’s been no feedback and my fear is that if they do it that side, they usually come for us too. The communities were started almost at the same time and it’s no secret that they’re being targeted. But where must we go if they don’t give us land. As sick and disabled as I am, I’ll defend my rights to be on this land if I have to. Our people, all over the country are victims but yet are not provided with basic needs, where must they live? Government must stop these evictions,“ Steyn said.

Pojie confirmed that Wolseley Police are investigating cases of malicious damage to property.

He said police are tasked with safeguarding the sheriff of the court and are not involved in the demolition of any structures, “nor the intimidation of such. The local authority usually appoints a company to execute the demolition of illegal structures as per court order or interdict.”

Meanwhile, Andy Wynard, community leader at the Knoflokskraal insettlement said authorities were quick to respond and attack people but disregard important issues such as service delivery. He said public works needed to grant permits to the municipalities to provide services instead of fighting them over the land.

“Give dignity to the people, don’t victimise them. Our youth is tired of this…We don’t want to protest or be violent,” he said.

“We can’t have this in our country, our soil and our inheritance,” concluded Yulanda Wakefield, the chairperson of the Klutjieskraal Core Group, saying in last month alone, about eight homes were demolished with the last incident on January 28.

De Lille said there was no eviction order against the said properties. She said the future of the property has not yet been determined since the lease with the department of Forestry, Fisheries and the Environment expired.


For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you are concerned about unlawful eviction or if you need advice on the eviction process.

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