SCA rules that student accommodation is not a ‘home’ in an eviction procedure

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Judge Nelisa Mali said all the students ‘came from homes’ and student housing did not replace that, meaning they would not be homeless

Being asked to leave a student residence can’t be viewed in the same way as being evicted from a home. This distinction was made by the Supreme Court of Appeal after students refused to vacate their residence, claiming legal protections that concerned homelessness prevention.

In 2020, 90 Cape Peninsula University of Technology students took up residence in New Market Junction. Stay at South Point Properties , which owns and manages the residence, leased the property. The students were allocated accommodation until November 2020...

 

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