Kinver rd
Insecure rear door.
This property serves as an illustration of the issue of homes being mislabelled as “habitable” in accordance with the Homes (Fitness for Human Habitation) Act 2018. The act highlights the significance of home security and, as outlined by the UK government, points out that easy entry by intruders is a problem for a property.
Case background.
In this instance, the client’s conveyancing solicitor considered the property to be habitable and therefore subject to the residential stamp duty rate of £9,500. However, our claims investigation team conducted a thorough examination and discovered that the property did not meet the standards set by the Homes (Fitness for Human Habitation) Act 2018 for a secure home.
As a result of the investigation, we presented our case to HMRC and were able to demonstrate that the property was insufficiently protected from unwanted intrusions, making it technically ‘uninhabitable’ and thus ‘non-residential’ for stamp duty purposes.
Arguements.
Case arguments.
This property presented an interesting challenge for us. On the surface, it appeared to be in reasonable condition and suitable for habitation subject to some cosmetic improvements.
However, upon further examination of the evidence, we discovered that the property was not secure enough to prevent unwanted intrusion, which violated the standards set by the Homes (Fitness for Human Habitation) Act 2018. As a result, we gathered supporting evidence and submitted our case to HMRC.
Video.
Downstairs interior
Issues with security
Upstairs interior
Some condition issues
Rear patio door
Rear patio door with failed lock
Exterior side view
Exterior side view showing insecure access
Photo.
Insecure access
Issues affecting the property
Outcome.
Conclusion.
As expected, the conveyancing solicitor initially classified the property as habitable, leading to it being subject to residential stamp duty. However, upon further investigation and evaluation, we determined that the property’s lack of security made it not habitable according to the Homes (Fitness for Human Habitation) Act 2018.
HMRC agreed with our assessment and reclassified the property as non-residential, leading to a stamp duty rate of £800 and a refund of £8,700 for our client.
Pay the right stamp duty.
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Lets asses.
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Lets calculate.
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