Stamp Duty is a tax you might have to pay if you buy a residential property or a piece of land in England or Northern Ireland over a certain price. You will pay Stamp Duty on residential properties costing more than  £125,000 unless you qualify for first-time buyers relief.

If you’re a first-time buyer, you will pay no Stamp Duty on properties costing up to £300,000, and a discounted rate on property purchases up to £500,000.If you’re buying a second home, you’ll still pay an extra 3% Stamp Duty on properties costing more than £40,000 at the relevant rates at that time.

This tax applies to both freehold and leasehold properties – whether you’re buying outright or with a mortgage. If you’re buying a property in Scotland, you will pay Land and Buildings Transaction Tax (LBTT) and in Wales Land Transaction Tax (LTT) instead of Stamp Duty.

If you purchased a residential property you would have paid residential rates of stamp duty. However, if the property had a defect at the time of purchase that meets certain criteria, we can claim a rebate based on a recent case law case. Often, there is a refund worth thousands of pounds that would otherwise have been missed.

There is a host of factors that determine if a property should be defined as uninhabitable. You are
eligible to make an SDLT refund claim if your property has any one of the below.

• The presence of damp or mould which is likely to cause an immediate health risk to the Occupants.
• The electrical system is in an unsafe condition.
• The presence of asbestos that would cause a direct and immediate Health and Safety risk.
• Lack of one or more utilities: water, gas (including LPG), electricity ie Faulty or non-functioning boiler system, damaged pipes, exposed or non-functioning wires.
• The presence of a significant roof leak causing water to penetrate into the property.
• Major Health and Safety issue(s) or environmental factor(s) that would cause a direct and immediate risk to the occupants.
• Glass in doors, screens, windows, etc, is not toughened or laminated in accordance with current Health and Safety requirements (Building Regulations).
• Flats lacking ‘½ hour fire check’ rated doors where required by Building Regulations.
• All or any staircases not possessing appropriate balustrades or handrails that comply with the Building Regulations and/or are in an unsafe condition.
• A kitchen without a minimum of one work top length of 900mm or a minimum of 300mm of tiling above work surfaces and above the cooker (or suitable alternative).
• A minimum appliance space for a washing machine and refrigerator, with appropriate plumbing and electrics.
• A refrigerator space sited next to a cooker.
• The presence of any significant subsidence, significant structural movement or structural instability (as demonstrated by a structural engineers report).
• An SFA without a fully working heating system (between September and April) or year round when a vulnerable person is present.An SFA without any means to heat water (hot water system).
• An SFA that cannot be made secure. This applies to any external door (including any patio or french doors) and any ground floor window.
• Major internal disruption such as a collapsed ceiling
• A significant hygiene problem with the SFA that poses a Health and Safety issue.
• On move-in, a property which has a coin/token operated gas or electric meter.

We work with chartered surveyors, tax consultants and solicitors with a 100% success rate. Our specialists will assess if the condition of the property is suitable for a claim, and our legal and tax professionals will build your case and carry it through until its success. We work on a no win no fee and offer a free no obligation assessment.

You can make a claim on a property you have purchased in the last 4 years.

Your claim can take anywhere between 15 to 25 working days to processes from the date of submission.

Each claim is different, and the amount reclaimed is dependant on the value of the property and the amount of stamp duty paid. Claims are typically between 60% to 100% of the total stamp duty paid.