Kimberley Street

Dilapidated. Infestations. Gas and Electrics.

Overall, this property was in a very poor state of repair in need of complete modernisation.

Property facts.

  • £150,000
  • £7500 stamp duty paid
  • 2 bedroom
  • Terraced
  • Excellent location

Case background.

This property had been unoccupied for at least a year before being purchased and underwent a £30,000 renovation. However, upon purchase, it was found to be in terrible condition with vermin infestation, outdated electrical and gas heating systems, poor decoration, and a kitchen in a bad state. Despite these significant issues, the buyer paid £7500 in stamp duty as a foreign national buying the property for rental purposes.

This case is particularly straightforward, yet the buyer’s conveyancing lawyers declared the property as ‘residential’, which is surprising considering its uninhabitable state. It should have always been classified as ‘non-residential’ for stamp duty purposes.


Case arguments.

This is a classic example of a property that is clearly not fit for habitation. In addition to its poor decorative state, it has serious issues with vermin, outdated and potentially dangerous electrical and gas heating systems, and rising damp. Despite this, the buyer, a foreign national for buy-to-let purposes, paid £7500 in stamp duty.

It’s important to note that according to the Homes (Fitness for Human Habitation) Act 2018, a property may still be considered habitable even if it is in need of cosmetic improvements. However, in this case, the property required a significant investment of £30,000 for renovations to meet modern standards.

It is surprising that the conveyancing lawyer handling the transaction declared the property as ‘residential’ in the stamp duty return, as it clearly violates numerous provisions of the 2018 Home Habitability Act.

Condition issues.

  • Vermin infestation
  • Unusable garden
  • Outdated kitchen
  • Outdated electrics
  • Unsafe gas fired heating
  • Poor decorative condition
  • Rising damp


Property tour

Ground floor

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Property tour

First floor

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Condition issues

Condition issues affecting this property



We were confident that the classification of this property as ‘residential’ was incorrect, and were happy to have the evidence to support our position. The process of submitting and having the claim accepted by HMRC took about three weeks, and upon acceptance, the full reimbursement was paid to the client within five days.

It’s worth pointing out that no matter how dilapidated property might be, if there is insufficient evidence, a case cannot be assessed. And it highlights the importance of carefully documenting any property purchase you might make in the event you need information for one purpose or another.



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 Next step.

Start your stamp duty claim today.

If you
– You bought a residential property,
– Purchased within the last 4 years,
– Needed renovation at purchase,
– Acquired it as an investment,
– Paid ‘second property’ SDLT,

You might have overpaid stamp duty
and could lawfully reclaim.

Contact us today to discuss
your reclaim case.

Next step.

Reclaim your overpaid stamp duty.

Speak with Nick Garner

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