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Breach of conditional approval

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Nutty View Drop Down
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Joined: 21/June/2017
Location: Australia
Posts: 5
  Quote Nutty Quote  Post ReplyReply Direct Link To This Post Topic: Breach of conditional approval
    Posted: 21/June/2017 at 14:47
   I was hoping that you'd advice me on the severity on breaching the conditional approval. The scenario is as outlined, Student visa holder having bought a house (over 30 years old) and renting it out to people. Although, there exists no bond or rental agreements except transfer of money from the tenants to the owners account. The tenants however are unaware about this issue. What would be the penalty for breaching the same. What if the owner of the house, is still in the process of renting the house. Is there a way to avoid civil/criminal prosecution by proving no records of tenancy ? I would appreciate any advice on this matter.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 317
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 21/June/2017 at 16:35
Sorry no idea what you are talking about. please spell out what you have done and in what way you believe you may have breached some rule? What do you believe you should have done? What is stopping you rectifying this?

Nutty View Drop Down
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Joined: 21/June/2017
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  Quote Nutty Quote  Post ReplyReply Direct Link To This Post Posted: 21/June/2017 at 16:45
Okay, let me phrase it differently. Student A currently on a student visa had bought an established dwelling last year. According to the FIRB approval, the established dwelling shall not be rented out. ( https://firb.gov.au/resources/guidance/gn11/) However, Student A had been renting the premises unofficially for over one year with one tenant and 3 tenants in the last few months. There does not exist any tenant agreement or bond for tenancy. Does this still fall under the breach of conditions? If so, civil or criminal and the penalty for the same ?

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 317
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 23/June/2017 at 00:20
If it is being rented out, officially or unofficially, it is being rented out. If the rules forbid it being rented out you are likely to suffer the penalty for doing this. This could be a fine and/or a forced sale complete with the inherent losses such an action may incur. Take a look at the possible penalties. FIRB Penalties

Nutty View Drop Down
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Joined: 21/June/2017
Location: Australia
Posts: 5
  Quote Nutty Quote  Post ReplyReply Direct Link To This Post Posted: 23/June/2017 at 16:01
Yes, i understand that it is a breach. But without any proof, the tenants could always say that they are staying as a guest in the house? am i wrong in assuming that they cannot pursue this legally? there exists no evidence of advertisement for housemates, or anything on paper?
Will this breach fall under civil or criminal penalty? would this have any effect on applying for a PR in future.?

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 317
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 23/June/2017 at 17:51
the tenants could always say that they are staying as a guest in the house?
And have a dispute with the tenants and they could drop you right in it.

If you intend applying for permanent residency later, why on earth put that at risk?

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