SRO denying FHOG

[shim]

Hi all,

I have recently been advised by SRO that I need to pay back my FHOG!
In 2009 early July, I moved into my first property however due to relocation for work in late July 2009, I had to go to outer region of Victoria and it would be impossible to travel 4 hours each way to and from work each day, hence I had to move.

I called SRO and confirmed that it would be ok for me to leave if I left the place empty and stayed over the weekend. I had no intention of going away when I purchased the property, however as I was forced to leave due to work, during this period, all my accommodation was paid by work (No lease agreement in place) Hence I believed my Place of principal residence was still at my first home.
SRO are now claiming that because I haven't lived in it for 7 days a week, for 6 months continuously, I am ineligible for the grant and need to pay it back with additional $1000 fine.

I went through the FHOG Act 2000 tonight and found no information which specified that to be eligible for the FHOG, we must be living at the place for 7 days a week.
Is it possible to win this case with SRO if I take this matter further?
Has anyone else faced similar matter in the past where SRO conducted an investigation and is requesting for the FHOG to be refunded?

 

[Doovalacky]

Seems a bit funny. What about FIFO people etc. Some of us can be away for a 28 day shift.

I assume you still had possessions there, mail going to it?

Perhaps they think you rented it out or something.

 

[shim]

I have directed my mail to the property until August 2010. In Feb 2010, I leased into another accommodation. SRO are asking why I'd rent another apartment. At the time, I chose to do this because I wanted to be closer to uni, and rather than living in my own 2 bedroom apartment, I downsized to 1 bedroom. Regardless, from July 2009 to Feb 2010, I have satisfied the minimum requirement of 6 months as well as moved in within 12 months of settlement.
Yes I had my belongings in my apartment and lived in it during the weekend, SRO are not satisfied that I didn't live there full time.

 

[Aaron_C]

In the absence of the definition of 'occupy' in the FHOG Act, the word 'occupy' has its ordinary meaning. Which in this case means whether you lived in the apartment for the entire 6 month period. You living away in a remote location (even if paid for by your company/employer) to work, under an ordinary meaning, means you were NOT living in your apartment. Hence you are not eligible - and I don't think you can argue otherwise.

 

[Macca]

If it was your mail address for the required time and since it was not rented to someone else, surely it then becomes your "home".

I would be getting a stat dec from my employer stating that it was a necessity for you to relocate and impossible for you to travel daily.

Good luck.

 

[Aaron_C]

Even if your mail is directed there, how can you say you 'occupied' or 'lived' there if you didn't actually stay there for a prolonged period of time? That would change the entire meaning of the word 'occupy'

 

[jonesy427]

got me stuffed why you rang em and told them.

 

[shim]

@Jonesy427, I rang them because I wanted to be certain. I made a request for information call in 2009 and was notified that it would be ok given that I was located for work. I recall mentioning it was purely for work and it may not be 5 days a week. I always came back to melbourne every Friday night and spend the entire weekend there.

SRO is denying FHOG also because in early 2010, I rented another place in my name (I leased it in my name on behalf of a close international friend, the reason I put it on my name because he was looking for accomodation first half of the year and I intended to move out of my apartment later in 2010 when I've stayed for 12 months just to be safe. As most student accomodations had a minimum lease of 1 year and had to be signed prior to university commencing, I considered it was a good option to sign the lease) I moved out of my own apartment in August 2010, I have provided all the relevant bills up to August 2010 to prove my stay, however SRO are now objecting my second lease agreement.

@Aaron_C, I understood that it may possibly be 6 months (approx 185 days of stay, hence I didn't move out until August 2010) I lived in the apartment from July 2009 to August 2010, however due to the second lease agreement, I have been requested to return the FHOG. If I could get my friend to confirm his stay between Feb 2010 to August 2010, would SRO re-consider the reversal payment?

 

[TN_]

Should've not rang them in the first place?

 

[shim]

Yea...but I thought I'd do the right thing! I remember reading somewhere on the SRO webpage 2 years ago that if circumstances change, it's better to let them know.

 

[dan75]

I think the main problem is the fact that you leased another place under your name. Not so much the mail going to the purchased home or you being/not being there (despite the fact that this is the very fact they're arguing).

Signing up a lease on another house = You don't live at your purchased house.

Sorry, I'm afraid you'll be out of luck with this one.

The best you can do now is minimize the amount you have to pay back. I think it will be a pro-rata amount based on the time you owned the house prior to taking out a lease on the other unit. Do you have utility bills for the purchased house up until the moment you took the lease out? That's your proof you 'lived' in your purchased home.

 

[dan75]

I just re-read your post. I would suggest you get on the phone to the person handling your case. There will be one particular person dealing with it. Don't bother talking to the helpdesk people.

Explain the circumstances. I probably wouldn't mention the bit about living elsewhere due to work. I would just get further info on the issue of you taking out a lease for your overseas friend. Find out if you can provide a stat dec to overcome this.

I've dealt with the SRO before and in my experience, if you have all the necessary documentation, they are quite fair.

 

[shim]

@Dan75, I leased another place in Feb 2010, I thought this would be ok because from Settlement date from July 2009 to Feb 2010, I have satisfied minimum 6 months requirement.

I have mentioned about living away for work to SRO, hence this problem arised, however even though I was at away for work, the principle place of residence was still in Melbourne.

The lease agreement established in Feb 2010 was for a friend, I didn't move into the place until August 2010 when I moved out of my own place.

The problem has arised now because I didn't direct my mail to my home as my apartment does not have a mail box, in order to collect mail I had to go through reception and they close at 5pm each day, as I directed all my mail to go to parents house, SRO are now denying I have lived at the place

 

[dan75]

@Dan75, I leased another place in Feb 2010, I thought this would be ok because from Settlement date from July 2009 to Feb 2010, I have satisfied minimum 6 months requirement.

I have mentioned about living away for work to SRO, hence this problem arised, however even though I was at away for work, the principle place of residence was still in Melbourne.

The lease agreement established in Feb 2010 was for a friend, I didn't move into the place until August 2010 when I moved out of my own place.

The problem has arised now because I didn't direct my mail to my home as my apartment does not have a mail box, in order to collect mail I had to go through reception and they close at 5pm each day, as I directed all my mail to go to parents house, SRO are now denying I have lived at the place

Don't know why the angry face is for. Anyway...

Yes, you mentioned about the whole working away from home and at the time they said that it was fine. Correct?

Spare me the read and please endulge me as I never got the FHOG. How long do you have to live at the PPOR in order to fulfill the requirement? My dealings with the SRO were to do with stamp duty.

Like I said in my first post. Did you have electricity connected at the property? A phone line? Internet? Anything? That can be used as your proof of residence.

At this point I will stop writing as I will only repeat what I said in my last post RE: dealing directly over the phone with the person assigned to your case and TALK to them. Have you done this? Or have you just spoken with whoever picked up the phone on the general enquiries line???

Regardless, I wish you all the best.

 

[shim]

@Dan75, the angry face wasn't directed at you! It somehow went to the front of your display name ...I'm feeling annoyed at SRO's decision, I thought I'd do the right thing by being honest and now this happens...

In order to get the FHOG, requirement is to live in it for a minimum of 6 months within 12 months of settlement (to which I believe I've satisfied both conditions)

The apartment is a student accomodation, electricity and internet goes through preferred suppliers for the building, likewise water and gas is included as part of the body corporate, hence I did not have bills.

I have spoken to the person dealing with my case and he has made it clear that I am not eligible to obtain the FHOG unless I provide billing history...which I do not have.

 

[dan75]

Was there anyone else living in your PPOR between late July 2009 and February 2010? Were there students living in it paying you rent?

 

[jrc]

Did you change your driver's licence and electoral details to your "PPOR"

 

[shim]

@Dan75, I allowed a friend to take the other room however kept one room for myself. No rent charged however money was paid to assist with food and bills.

@jrc, Electoral details was changed however not drivers license

 

[tobe]

I had a very similar issue.
I called the SRO, and then followed up, and met with the public servant overseeing my case, gave them some documents that prooved my address, and got a letter from the SRO stating I could move out early and keep the grant.
I keep the letter with the copies of the docs I gave the SRO to prove my address.

Always, get everything, in writing.