Tag

eviction attorney Johannesburg 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.

Further reading:

Eviction looms for victims of traditional leader’s land scam

By | Eviction news, Evictions

Reprinted from GroundUp, by Warren Mabona – 2024-11-14

  • Families who were illegally sold plots on municipal land in Mpumalanga by a traditional leader will soon be forced to vacate the properties.
  • The Middelburg High Court has ruled in favour of the Thembisile Hani Local Municipality, dismissing the traditional leader’s attempt to appeal an eviction order.
  • Judas Mahlangu, leader of the Ndzundza-Mabhoko Traditional Authority, has been selling off stands on municipal-owned land for at least R2,500 each since 2018.

The Middelburg High Court has ruled in favour of the Thembisile Hani Local Municipality in Mpumalanga, ordering a group of people and the traditional leader who illegally sold them plots on municipal land to vacate properties.

The group have been ordered to leave the land by 31 October.

But many of the people still living in Magadangana Village say they have nowhere else to go. They say they spent what little money they had, or even took out loans, to build their homes there.

Judas Mahlangu, leader of the Ndzundza-Mabhoko Traditional Authority, has been selling off stands on the municipal land since 2018 for at least R2,500 each.

The battle between the municipality and Mahlangu has been ongoing for six years.

The area, officially known as the Farm Vlaklaagte, has no running water, electricity or road infrastructure. The people who bought stands from Mahlangu will be forced to leave as soon as the eviction order has been handed over to the sheriff of the court to execute, the municipality confirmed. This is after three failed legal attempts by Mahlangu to claim that he had a right to sell off the municipal land.

The Thembisile Hani municipality first found out in June 2019 that stands were being sold on its land. The land has been earmarked for the development of government housing.

The municipality went to court, and in February 2022 the Middleburg High Court interdicted Mahlangu and another man, Johannes Jiyane, from allocating stands. By then 175 sites had been “allocated”. According to some residents, Jiyane works with Mahlangu at the Ndzundza-Mabhoko Tribal Authority.

The municipality returned to court in January 2024, and Judge Mpopelele Bruce Langa ordered Mahlangu, Jiyane and those living on the land to leave by the end of April.

Mahlangu then filed an application to appeal against this ruling. On 23 August Judge Langa dismissed the appeal with costs. The judge said that leave to appeal should only be granted if the court is of the opinion that the appeal would have reasonable prospects of success or is arguable.

In rejecting the appeal, Judge Langa said that, among other things, Mahlangu had failed to prove his authority to bring the appeal on behalf of all of the people occupying the municipal land. “The fact that he may be the traditional leader in the area, did not give him the authority to act on behalf of the ‘community’ and institute legal proceedings without the resolution or consent by the community for him to do so,” he said.

Langa added that the court had made a factual finding that the municipality was the rightful owner and that there was not sufficient evidence that families had been on the land for more than six months before the initial litigation.

Nowhere to go

There are currently about 200 informal structures and brick homes on the land and a few larger brick and mortar houses are still being built.

Many of the residents GroundUp spoke to last week say they now live in fear daily of their imminent eviction.

Jabulani Ngema told GroundUp that he worries that he will be homeless for Christmas. He said he bought a stand from Mahlangu for R2,500 in 2021 and spent R5,000 on building material and furniture to construct his two-room shack.

“I am worried because I don’t know if the municipality will move us to another land.. I fear that the municipality will demolish my home and damage my building material when evicting us,” said Ngema. “Christmas is coming. I don’t want to be homeless.”

Ngema’s shack is on the outskirts of the site near a dam. He said moving out of the area would be a huge setback for him because he wants to start a vegetable garden and sell the produce to make a living.

Another resident owns a seven-roomed house on the site. He said he had spent more than R120,000 on his house so far. “I live with my wife and three children in this home and they love our house. If the municipality evicts and relocates us to another land, it will still be a big loss for me because I will have to spend more money building another house there.”

GroundUp sent questions to the spokesperson for Thembisile Hani Municipality, Simphiwe Mokako on 7 November 2024. Mokako said the court order had ordered the municipality to find alternative land, and “We have indicated that the municipality will abide by the court order.”

“The matter of the evictions is in the hands of the Sheriff.”

Mahlangu said he would not answer our questions before hanging up on us.

GroundUp also sent questions by email on 11 November to the Ndzundza-Mabhoko Traditional Authority but there was no response by the time of publication.


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.

Further reading:

Castle of Good Hope eviction ‘is happening soon’, says Cape Town mayor

By | Eviction news, Evictions

Reprinted from News24, by Marvin Charles – 2024-10-30

  • Cape Town Mayor Geordin Hill-Lewis announced the imminent eviction of homeless people living outside the Castle of Good Hope during a council meeting on Wednesday.
  • The eviction date was initially set for 17 October, but more than ten days have passed since then.
  • The Department of Public Works obtained an eviction order in the Western Cape High Court in September.

Cape Town Mayor Geordin Hill-Lewis says the eviction of a group of homeless people living outside the Castle of Good Hope in the CBD is imminent.

More than 10 days have passed since the eviction date, which was set for 17 October.

Responding to questions during a full council sitting on Wednesday, Hill-Lewis said: “Once Public Works obtained the eviction order, with the City supporting the eviction, it is carried out by the sheriff of the court.

“The date has been set for the eviction. Obviously it is confidential, but it is happening soon.”

Hill-Lewis said the eviction of the group of homeless people who have been staying outside the Castle of Good Hope would be an “important” milestone.

“That has been the site of really terrible dereliction and urban decay for the last four or five years, and it’s been a very difficult problem to solve,” he added.

“It is a source of great regret for me that it has taken this long.”

The mayor’s announcement comes after a fire broke out at the Castle on Wednesday morning, but the blaze was quickly extinguished.

According to spokesperson for the City’s Fire and Rescue Service, Jermaine Carelse, the City’s firefighters responded to a call on Wednesday morning of structures alight in the vicinity of the Castle of Good Hope.

Three structures were destroyed, and five people were displaced.

No injuries were reported.

The cause of the fire has not yet been established.

In September, the Western Cape High Court ordered that the group vacate the property by 17 October, following an eviction application from the national Department of Public Works.

According to the order, the City of Cape Town must provide alternative accommodation for the homeless people in safe spaces.

Hill-Lewis said there had been zero cooperation from two former public works ministers on the issue.

“Most residents usually accept the offer of alternative accommodation at the last minute when they are being evicted. It’s a sad thing because it could save us months in court if they accept the offer,” he said.

According to the City, the 358-year-old castle, which is a national heritage site, has seen a significant decline in visitors in recent times.

Living in makeshift tents, the homeless people have been using the moat that surrounds the castle for ablution purposes and dumping their waste.


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.

Further reading: