The office of State Revenue who is in charge of stamp duty has a ruling which says that you can still claim the owner occupier concession for stamp duty if the current tenant stays on after settlement. However the tenant must vacate the property within 6 months of settlement and you can never extend or enter into a new tenancy. This ruling was recently challenged in the court of appeal which said it was incorrect. The court ruled that as long as the tenant moved out within 12 months and the buyer moved in within that period the concession could be claimed.