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24 Sept 2023

I am looking to purchase a property off-market where the Vendor would like to rent the property from us for 2-3 months while they purchase a new property. I understand that to release my FHSS amount I need to move into the property as soon as practical and this is what I intend to do. However, does the Vendor renting the property breach any of the FHSS rules?

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260 views
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CaroATO(Community Support)Community Support
25 Sept 2023

Hi @Charlie2288,


You're so right to be taking a closer look at intent.


Let's say when you purchase the property it was already under a lease contract and once the contract finished you move in, this would indicate intent to move in as soon as practical. The scenario you've mentioned is different where your intent is to purchase and then create a lease arrangement, so the vendor had a place to live.


We've answered a similar question you might want to have a look at that provides some fantastic information about intent.

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Most helpful reply

CaroATO(Community Support)Community Support
25 Sept 2023

Hi @Charlie2288,


You're so right to be taking a closer look at intent.


Let's say when you purchase the property it was already under a lease contract and once the contract finished you move in, this would indicate intent to move in as soon as practical. The scenario you've mentioned is different where your intent is to purchase and then create a lease arrangement, so the vendor had a place to live.


We've answered a similar question you might want to have a look at that provides some fantastic information about intent.

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FHSS - renting the property to the Vendor | ATO Community