FAQ: CLAIMANTS OPTIONS AFTER DECISION

• When will I know my claim has been decided?

• Where and when can I get my decision?

• What is the significance of a claim having been dismissed?

• What is the significance of a claim having been referred to court?

• What are my options when the my claim is successful?

• What does it mean that the property is under HPD administration?

• When and where do I get the keys when I have requested eviction?

• Can someone else represent me and make requets on my behalf?

• Can I request eviction first and then administration?

• Can I choose who will reside in the property while it is under HPD administration?

• Can I temporarily borrow the keys of the property from the HPD while it is under HPD administration?

When will I know my claim has been decided?
One way is to search the internet for your claim;you will know that the claim has been decided when the search report describes the status of the claim as “claim decided, ...”.  When your claim is ready for implementation you will be contacted by phone.Please always remember to keep your contact information with the HPD up to date. If you change your address,telephone number of other contact details, it is imperative that you should send the updated contact details in writing to the HPD together with your ID card.

Where and when can I get my decision?
The HPD will contact you and agree on a time and place for the delivery of the decision. 

What is the significance of a claim having been dismissed?
It means that your claim has been rejected as unfounded and that no further action will be taken by HPD on your behalf. This decision refers only to your claim, hence it is not addressing the status of the current occupant, who may be a respondent.

What is the significance of a claim having been referred to court?
It means that the issue(s) raised in your claim are within the jurisdiction of the courts and no action will be taken by HPD.  This decision is referring only to your claim, hence is not addressing the status of the current occupant, who may be a respondent.  You need to contact the court if you wish it to address the issue(s) further.

What are my options when my claim is successful?
You have three options regarding the implementation of your claim where your claim is successfully decided, namely (1) closure of the case without any further implementation; (2) HPD-administration or (3) repossession.

By requesting closure of the case you permanently waive your right to request the HPD to undertake any further action on your behalf.  Jurisdiction of the property is with the closure referred back to the local judiciary.  If you are not ready to repossess your property right now, the ONLY option is to ask for HPD-administration. 

You are entitled to ONE eviction.  You will be informed that the eviction is scheduled to take place a maximum of seven days in advance of the eviction and within 24 hours after its execution.  This concludes the responsibilities of HPD.  Reoccupation is the responsibility of the police and courts.  When the eviction carried out, the case is closed and no further action will be taken by the HPD.

What does it mean that the property is under "HPD-administration"?
It means that the HPD visits the property and identifies the current occupant. You authorize the HPD to take possession of the property temporarily until you request the termination of the administration.  The HPD will allocate the property in line with its allocation criteria and the current occupant has 90 days whithin which to vacate the property from the time he is informed of the termination. 

When and where do I get my keys after an eviction?
Some days prior to the eviction you will be contacted by the HPD.  You will then agree on a time and a place for the key-handover.  If you fail to show up for the meeting, the HPD will deem the repossession to have taken place and jurisdiction over the property is automatically referred back to the local judiciary.  Reoccupation is the responsibility of the police and courts.

Can someone else initiate requests on my behalf?
Yes, you can always authorize someone to act on your behalf by submitting a valid Power of Attorney to the HPD.

Can I request eviction first and then administration?
No, once you have requested eviction, you can no longer request HPD-administration.

Can I choose who will reside in the property while it is under HPD-administration?
No.  You have temporarily given the HPD the right to possession of the property so as to administer it.

Can I borrow the keys of the property from the HPD while my property is under HPD-administration?
No.  The property right holder will never be granted periodical repossession of the property while it is under HPD-administration. Keys will only be handed over to the property right holder on repossession.