Sorry, this entry is only available in 中文.

Sorry, this entry is only available in 中文.

Sorry, this entry is only available in 中文.

Sorry, this entry is only available in 中文.

The First Home Owner Grant (FHOG) provides a $10,000 grant to help eligible first home buyer purchase their first home and achieving this important milestone in life. In NSW, the FHOG has an application time limit of 12 months from the settlement date which would usually be ample time for most people to apply for the grant. However, some people may miss this deadline due to personal reasons or other circumstances, losing out on the once-in-a-lifetime benefit.

One such client, Mr C, came to us to review his situation.

Due to a family member passing away shortly after settlement, Mr C was extremely busy with taking care of matters after the death, while recovering from grief and other personal struggles. In a blink of an eye, much time has passed without Mr C realising it and he had missed the deadline for the FHOG by more than 2 years!

This was definitely not your normal everyday situation, which was why Mr C came to our lawyers asking for help. Our experienced property lawyers analysed and reviewed his situation to write a submission appealing to the State Revenue office for their understanding and leniency. After several rounds of assessment and with much consideration from the State Revenue Office our appeal for Mr C was accepted and approved. In addition to that, our appeal was able to help Mr C receive the $15,000 grant as per the policy in 2015 instead of just the expected $10,000 in the current policy.

Unfortunately, not everyone would have been like Mr C, who tried to find a solution for in his situation.

If you believe that you have a good reason why you had missed the application deadline, you can always approach us to review your situation. We can assist you by drafting an empathetic and clear submission to the authorities, which the authorities will then decide on a case by case basis. Although situations like this may seem like a lost cause, it is always worth a try to ask for leniency to obtain the significant $10,000 grant.

If you have any queries regarding the First Home Owner Grant or other property law matters, please do not hesitate to contact us at 02 9267 4988 or Vincent.hui@sunlaws.com.

In the ongoing Covid-19 lockdown in Sydney, many businesses and shops were forced to close causing many Australians to have their jobs impacted, losing income and face financial difficulty. With the announcement of a further 4 weeks of lockdown ending late August, many tenants are facing the prospect of being unable to pay rent.

With the announcement of NEW TEMPORARY MEASURES, both tenants and landlords will receive much needed support from the NSW government. The measures provide hope for all residential tenancies by protecting financially impacted tenants from eviction, while providing assistance to landlords who re-negotiate rent with the tenants.

Tenants – Moratorium on evictions for rental arrears

For the period of 14 July to 11 September 2021, the NSW government has re-introduced the moratorium on eviction and all tenants who are unable to meet their rental payments due the effects of the Covid lockdown cannot be evicted.

To be eligible for the protection, the tenant must fulfil the following criteria:

1. Rent paying household members are affected by Covid-19 by loss of employment, work hours or income or had to stop working because they were ill with Covid; and
2. Reduction of 25% or more (inclusive of any government assistance) in the household’s take home weekly income compared to the 4 weeks prior to 26 June 2021; and
3. Continue to pay at least 25% of the rent payable.

However, this protection only covers rent payments, therefore the tenant can still be evicted for other lawful reasons.

Landlords – BRAND NEW Grant for renegotiation of rent

To encourage Landlords to negotiate with the Tenants, the government is offering a brand new subsidy grant of $1,500 for landlords who offer rent reductions. The grant covers either the rent reduction passed onto the tenant, or the cap of $1,500, whichever is lower.

However, a landlord can claim either the grant or the Covid-19 land tax benefit, but not both.

What can I do if I am affected by Covid-19?

The first thing to do is to reach out to your landlord or agent to negotiate regarding the rental agreement, either for a waiver or reduction of rent, as well as any repayment schedule.

You must also keep all evidence that you meet the eligibility requirements of suffering a financial impact due to COVID-19.

Lastly, it is important to put any variations to the rental agreement in writing!!!

At Sun Lawyers, we can assist you with any negotiations regarding your rental agreement with the other party, as well as putting any variations in writing to prevent future disputes.

In this difficult time, it is important for both parties to be understanding and negotiate in good faith to come to a mutually beneficial arrangement. If you believe that you are a Covid-19 impacted tenant or landlord, please do not hesitate to contact us at any time at 02 9267 4988 or Vincent.hui@sunlaws.com regarding your residential tenancy.

The NSW Registrar General has announced that commencing 11 October 2021 ALL paper Certificate of Title (CT) will be cancelled and no longer have legal effect. This announcement was part of the change to 100% electronic lodgement of Land transactions, and all Certificates of Titles will be electronic to facilitate this process.

How does this change affect purchasers and landowners of property after 11 October 2021?

1. No CTs will be received on the purchase of a property without a mortgage;
2. New subdivisions of existing property will no longer receive a CT;
3. CTs held by existing Landowners will automatically be ineffective;
4. Information Notices will be introduced to provide details of the dealings on the Title.

What are the benefits of electronic CTs?

1. CTs will no longer be misplaced, lost or destroyed;
2. Access of information – all information is accessible online and the control of the CT can be easily traced to the controlling party; and
3. Increased security against fraudulent transactions.

Many states and territories have also been moving towards electronic CTs which can be referenced quickly in the table below:

Further details will be revealed by the NSW government in late July to August, and we will provide an update once the information is available.

If you have any queries regarding property transaction or Certificates of Title, please do not hesitate to contact us at any time at 02 9267 4988 or Vincent.hui@sunlaws.com

Sorry, this entry is only available in 中文.