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Written by the Property Law team at Liberty Legal & Conveyancing Pty Ltd.

Q: THE HOUSE I WISH TO PURCHASE IS TENANTED BUT I AM A FIRST HOME BUYER

A: To qualify for the first home owners grant at the time of writing, the purchaser must satisfy residency requirements. At this point in time, the purchaser is require to living in the property for 26 continuous weeks commencing within the first 12 months of ownership. 

If the tenant is still present at settlement, you will still be eligible for your grants and stamp duty exemption as long as the tenant vacates reasonably soon and you can commence your initial 26 weeks. 

It would be wise to check the tenant's lease prior to exchange of contracts to ensure you will have the right to evict them in time to commence your residency requirements. 

As the eligibility criteria are constantly changing, it would be a good idea to check with the Office of State Revenue about your exact circumstances prior to exchange of contracts. 

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go to NSW Official Stamp Duty Calculater:

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