A lengthy rental dispute in Cape Town’s upmarket Camps Bay suburb has ended with a Western Cape High Court eviction order after tenants allegedly failed to pay rent for almost two years, leaving the homeowner with more than R1.4 million in arrears, Cape {town} Etc reports.
The property was reportedly rented for R60 000 a month, but according to the court papers, the tenants stopped making payments in August 2024. They argued that maintenance problems justified withholding the rent, while the owner, Tania dos Santos Sousa Costa, said she had been denied access to inspect the property.
The case took an unusual turn when the tenants reportedly offered to buy the house for R11 million after eviction proceedings began. Dos Santos Sousa Costa declined the offer, and the legal battle continued. Acting Judge Waheeda Amien has now ordered the family to vacate the property by 13:00 on 30 November 2026.
Rental arrears climb above R1.4 million
The dispute dates back to July 2020, when the property was leased through Remax Living on the owner’s behalf. An addendum signed in 2023 extended the agreement until July 2027. Under its terms, the monthly rental increased to R60 000 from August 2024, with a further increase to R65 000 scheduled for the final year.
However, the tenants stopped paying in August 2024. According to the court papers, the outstanding rental for August 2024 to June 2026 totalled R1 407 500. The tenants maintained that they had raised several complaints about the condition and maintenance of the house. They argued that the alleged shortcomings justified withholding their rental payments.
The homeowner, however, encountered another obstacle when she sought access to assess the reported problems. The tenants allegedly refused to let her enter the property.
Alleged subletting adds another layer to the dispute
The court papers also raised questions about the use of the property while the rental remained unpaid. The tenants allegedly sublet part of the home without the owner’s permission, charging R3 600 a night.
This detail adds another dimension to the dispute: while the homeowner was not receiving the agreed monthly rental, the property was allegedly being used to generate additional income.
Camps Bay is one of Cape Town’s best-known coastal suburbs, popular with tourists for its beachfront, restaurants and views of the Atlantic Ocean and the Twelve Apostles mountain range.
The area’s appeal has helped establish the Atlantic Seaboard as one of the city’s most expensive property markets. News24 reported in June that the median price of a freehold home on the Atlantic Seaboard had reached R19.75 million.
Rental Housing Tribunal had already ruled against tenants
Before the matter reached the High Court, the Western Cape Rental Housing Tribunal had considered the tenants’ complaints. In August, the tribunal rejected their request for a 30% rent reduction and ordered them to give the owner reasonable access to inspect and repair the property.
The tribunal noted that the tenants had continued occupying and economically using the home despite withholding rent, while failing to provide the access needed to investigate and address the alleged defects. Its ruling dismissed the claim for a reduction in rent, particularly in light of the tenants’ ‘continued occupation and economic utilisation of the leased property’.
The tenants nevertheless remained in the house, prompting the owner to pursue eviction through the courts. Dos Santos Sousa Costa had issued a breach notice on 4 March 2025. When the alleged breach was not remedied within seven business days, she sent a notice cancelling the lease.
Judge rejects Consumer Protection Act argument
In their High Court defence, the tenants argued that the Consumer Protection Act required the owner to provide 20 business days’ notice before cancelling the fixed-term lease. Amien rejected that interpretation.
The judge found that the legislation applies to landlords who rent out property in the ordinary course of business. In her assessment, a private individual letting a single property does not automatically qualify as a businessperson under the relevant provisions. The argument therefore did not invalidate the cancellation notices.
Family given time to leave before possible sheriff’s removal
Amien ordered the tenants and their family to leave by 13:00 on 30 November 2026. If they fail to comply, a sheriff, assisted by police, is authorised to remove them on 2 December. The judge acknowledged that an eviction could disrupt the couple’s minor children during the final weeks of the school year. The deadline was therefore set after the matric examinations.
However, Amien criticised the tenants for providing limited information about their personal circumstances during the proceedings.
She noted that they had not supplied details of their income or explained whether eviction would leave them homeless. They also failed to submit the City of Cape Town’s personal circumstances questionnaire, which is used to assess whether people facing eviction may require assistance to avoid homelessness.
The judge concluded that the respondents could afford alternative accommodation and would not be rendered homeless by the eviction.
Advocate Joshua Barlow, who represents the tenants, told News24 that they were still considering their options. The homeowner’s legal representatives had not responded to News24’s request for comment by the time of publication.
The ruling brings the dispute closer to a conclusion, although the tenants’ next steps could determine whether further legal proceedings follow.
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