11Criterion 4—Applicant (or applicant’s spouse) must not have had relevant interest in residential property

#### 11 Criterion 4—Applicant (or applicant’s spouse) must not have had relevant interest in residential property 11 Criterion 4—Applicant (or applicant’s spouse) must not have had relevant interest in residential property > > (1) An applicant for a first home owner grant is ineligible for the grant if the applicant or the applicant’s spouse has, before 1 July 2000, held— > > > > > (a) a relevant interest in residential property in New South Wales, or > > > > > (b) an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory. > > > (2) In working out for the purposes of subsection (1) whether an applicant held a relevant interest (within the meaning of this Act or a corresponding law) in residential property at a particular time, any deferment of the applicant’s right of occupation (because the property was subject to a lease) is to be disregarded. > > > (3) An applicant is also ineligible if the applicant or the applicant’s spouse has, at any time before the commencement date of the eligible transaction to which the application relates— > > > > > (a) held a relevant interest in residential property in New South Wales or an interest in residential property in another State or a Territory that is a relevant interest under the corresponding law of that State or Territory, and > > > > > (b) occupied the property as a place of residence for a continuous period of at least 6 months. > > **s 11:** Am 2003 No 80, Sch 3 \[4\]; 2005 No 111, Sch 2 \[4\].