Table of contents

PDF explainer for clients

‘Decision tree’ questions and answers


  • Question 1: Have you heard about the possibility of reclaiming overpaid stamp duty due to a property’s condition?
    • Yes: Confirm if they are interested in reclaiming overpaid stamp duty. If yes, proceed to Question 2.
    • No: Explain the concept of stamp duty reclaim based on property habitability at the time of purchase. If they show interest post-explanation, proceed to Question 2.

Initial Qualification

  • Question 2: Have you purchased any residential properties with condition issues in the last four years?
    • Yes: Proceed to Question 3.
    • No: Go to Question 2.1.
  • Question 2.1: Do you know any property investors who have bought a residential investment property in the last four years?
    • Yes: Explain the referral benefits and inquire if they’d like a link to the stamp duty website and referral scheme. Send information accordingly and schedule follow-up emails. Link to refer a friend here (link opens new tab)
    • No: Thank them for their time and conclude the conversation.

Calculating Potential Refund

  • Question 3: Could you please share the purchase price of one or more of those properties?
    • Action: Calculate the estimated stamp duty refund. Client facing stamp duty calculatorIntroducer calculator (Links open new tab)
    • Follow-up: Present the estimated refund and inquire if they wish to investigate a potential claim.
      • Yes: Proceed to Question 4.
      • No: Offer further assistance if needed and conclude the conversation.

Assessing Case Viability

  • Question 4: Could you describe the property’s condition at the time of purchase and provide the full property address?
    • Action: Verify property condition using Zoopla and Rightmove.
      • Poor Condition Found: Inform the client of a viable case and explain the next steps.
      • Poor Condition Not Evident: If the prospect insists the property was in poor condition, request photographic evidence.
        • Evidence Provided: Proceed with the case.
        • No Evidence: Inform them of potential insufficiency in evidence for a viable case.

Explaining Next Steps

  • If Viable Case: Outline the High-Level Process:
    1. Send Us Evidence.
    2. Build & Send Case to HMRC (upon viability confirmation).
    3. Receive Payment & Settle Fees.
  • Follow-Up: If additional evidence is received, review and decide on case viability.
    • Viable Case: Proceed with the high-level process.
    • No Viable Case: Thank them for cooperation, offer further assistance, and conclude the conversation.

Useful facts and talking points

Claim Success Rate:

When a property isn’t livable and you’ve done all the required paperwork, we’ve seen a 100% success rate for claims being paid by HMRC. This is due to the fact that stamp duty land tax is self-assessed, and the Finance Act 2003 allows for reassessment if requested by the payer.

Case Law:

The case between PN Bewley and HMRC set a precedent: if a property isn’t habitable due to its condition, it shouldn’t be classified as residential for stamp duty purposes. This combined with the 2003 Finance act means you can reclaim overpaid stamp duty.

Residential vs Non-Residential Stamp Duty:

For property investors buying a property over £40,000 and paying the 3% surcharge for additional properties, non-residential stamp duty rates are lower. This also applies if a homeowner buys a property for over £1 million.

Principle of Livability:

A property is considered unlivable if it’s unsafe or if general neglect would deter a reasonable person from living there.

Winning Case Conditions:

  • Extensive Renovations: Over £3000 spent on essentials like a new boiler after buying.
  • Toxic Mould: Any amount can make a case viable due to strict UK Government guidelines on toxic mould.
  • Damp: Serious cases affecting livability strengthen your case.
  • Property Neglect: Obvious neglect, such as bad wear and tear or outdated features.

HMRC Timeout Period:

After paying a claim, HMRC has nine months to review their decision. Beyond that, they can’t legally reclaim the money.

Claim Stability:

Nearly all (99.25%) of claims that are paid, stay paid. Only 0.75% are refunded, usually because the argument about the property’s condition isn’t strong enough. That’s why we focus on submitting strong cases to HMRC.

Contesting HMRC Queries:

If HMRC challenges the claim and asks for a refund, you can contest it. Roughly, they drop the query half of the time.

Fee Refund Assurance:

In the event of a necessary refund, we will return all our case refund fees to you, thanks to the low probability of HMRC queries.

Useful resources

Email pitches

Subject: Opportunity to Reclaim Overpaid Stamp Duty – Explore Your Eligibility

Dear [Prospect’s Name],

I hope this message finds you well. I am reaching out to introduce an opportunity that may be of significant benefit to you. If you’ve purchased a residential property in the last four years that had condition issues at the time of purchase, you might be eligible to reclaim overpaid stamp duty.

What is Stamp Duty Reclaim?

Stamp duty reclaims revolve around the concept that if a property isn’t habitable at the time of purchase, it should not be categorized as residential for stamp duty purposes. This means you, as the purchaser, might be entitled to a stamp duty refund.

Have You or Someone You Know Purchased a Property?

  1. For You: If you have purchased any residential properties with condition issues in the last four years, you could be eligible.
  2. For Acquaintances: If you know someone who has invested in such a property, referring them could be beneficial for both parties. We offer a comprehensive referral scheme, details of which we’d be happy to share upon your interest.

Calculating Your Potential Refund:

If you’re curious about the potential refund amount, we can calculate an estimated stamp duty refund based on the purchase price of the property/properties in question. Simply reply to this email with the relevant purchase price(s), and we can get started.

Exploring Case Viability:

If you’re interested in moving forward, we will need to assess the property’s condition at the time of purchase. You can assist this process by providing the full property address and, if possible, any photographs or descriptions of its condition at purchase. Our team will also cross-check property conditions through reliable platforms such as Zoopla and Rightmove.

Next Steps If You Have a Viable Case:

  1. Send Us Evidence: We will guide you on the kind of evidence we need.
  2. Build & Send Case to HMRC: Upon confirming the viability of your case, we will compile all necessary documents and send your case to HMRC on your behalf.
  3. Receive Payment & Settle Fees: HMRC will send your payment directly, after which we will settle our fees, amounting to 30% of the total sum reclaimed.

Interested in Learning More?

If you’re keen on exploring this opportunity further, or if you have any questions or require additional information, please do not hesitate to reply to this email. We’re here to assist you in uncovering any potential refunds you are owed and guiding you through the reclaim process seamlessly.

Thank you for considering this opportunity. We look forward to the possibility of assisting you in reclaiming what’s rightfully yours.

Warm regards,

[Your name]

Set up a video meeting with Nick Garner.

Interested in working with us? Set up a meeting with Nick Garner to see how we can help you.

Or contact Nick via:

Prompt response: WhatsApp: 07814 029751
Email: [email protected]
Office: 0161 554 0123
Personal mobile: 07814 029 751
Or book a video appointment above.