What rights do the backyard dwellers have to my mother’s council house now that she's died?

The long answer

Thank you for your email asking what rights the backyard dwellers have to your mother’s council house now that she has died. As council houses are not owned but rented to tenants, the tenancy agreement comes to an end automatically when the tenant dies.

These are the rules that apply to living in a council house in Cape Town:
 you have to be legally allowed by the City to live in the unit;
 you have to abide by the rules of your lease agreement at all times;
 you have to pay your rent on time every month, i.e. before the 7th;
 you are not allowed to do anything illegal in the unit – such as smoking or selling drugs and alcohol – or do anything considered a criminal activity;
 you are not allowed to run a business from the unit; and
 you cannot add any structures to the property, like a backyard structure, without getting permission first from the local housing office

The backyard dwellers would not have a legal right to live in your deceased mother’s council house. A 2022 GroundUp article on backyard dwellers, by Marecia Damons, quoted the then 
City housing official Malusi Booi as saying that many backyard residents were not registered on any of its housing needs registers and therefore did not qualify when a housing opportunity became available. He said it was essential for all backyard dwellers to register on the City’s Housing Needs Register.

No one automatically inherits the right to the tenancy of a council house, but if a family member who had been living in the house with your mother wanted to take over the rental agreement, the council would generally try to accommodate such family members who needed the house. But as it is the council’s right to decide, they could decide to award the tenancy to others on their waiting lists, especially if the family member who expressed interest in taking over the tenancy was not actually living in the council house.
The City’s Public Housing Department rents out Council-owned houses to qualifying individuals, manages tenancies, and develops and implements plans to maintain the properties. The Department also administers the sale and transfer of suitable rental houses and flats to qualifying individuals.

These are their contact details:

Telephone:
021 444 0333

Whatsapp
063 299 9927

Email
MyEstate@capetown.gov.za

You can also visit your nearest housing estate office, which processes council housing applications, for information as well.

Wishing you the best,
Athalie