Stamp duty overpayment

stocks1j

Mrcsmrs said:

We’re about to buy a similar property and my solicitor seemed to feel that it would be wrong of us to apply for the relief, despite our property meeting all of the criteria I can find. Eventually I gave up arguing with him about it being illegal exploitation of a loophole and called the HMRC SDLT helpline myself. They advised that they felt I was correct and that I could write in to their technical team for a more detailed written reply, so this is what I’ve done. Apparently it’s approximately 40 days to get a reply though. The phone line staff were incredibly helpful though so I can highly recommend calling them for advice. 

Could it have been that your solicitor was just being lazy? I have had a response to mine and it was a bit "wishy washy" just palming me off basically. I have since emailed another 3 specialist firms who all think I have a case! They are looking into it for me today on a no win / no fee basis, I would assume that if they take it on they will be fairly confident of a payout (otherwise it just wouldn't be worth their time!)
Is the SDLT helpline number just on the HMRC website? Would be good to keep in touch with you to update with our cases!

davidmcn

If you've got a case, just do it yourself, it's not rocket science.

MWT

One thing to consider from a recent lost tribunal case:

“no door fitting or any physical barrier in the doorway between the annex and the rest of the property, and therefore there is free access between the annex and the rest of the property. Consequently, there is a lack of privacy and security between the two areas”.

If you can freely move between the house and the annex you cannot maintain that it is a separate dwelling, which seems reasonable to me, not surprised that one was lost.

stocks1j

MWT said:

One thing to consider from a recent lost tribunal case:

“no door fitting or any physical barrier in the doorway between the annex and the rest of the property, and therefore there is free access between the annex and the rest of the property. Consequently, there is a lack of privacy and security between the two areas”.

If you can freely move between the house and the annex you cannot maintain that it is a separate dwelling, which seems reasonable to me, not surprised that one was lost.

Thanks MWT, the annexe does have a complete separate door and isnt connected, the only thing that may let me down reading the literature on the subject is that there isn't a separate sink in the room (can easily put one in) but it has to date back 3+ years apparently. It has a sink in the bathroom of course. 

stocks1j

davidmcn said:

If you've got a case, just do it yourself, it's not rocket science.

Hi David, the only thing in the case of doing it myself is liability for costs if the case is not water tight I guess. Whereas the no win, no fee solicitors have this in their print that they will swallow the costs if the case isnt a success. Thats why the no win, no fee set up exists, they won't take a case unless they know it is water tight but until then we just don't know, even then, there is still the risk. 

MWT

stocks1j said:

Thanks MWT, the annexe does have a complete separate door and isnt connected, the only thing that may let me down reading the literature on the subject is that there isn't a separate sink in the room (can easily put one in) but it has to date back 3+ years apparently. It has a sink in the bathroom of course.

That would concern me, 'kitchen facilities' as per my original questions would normally include as a minimum a sink with necessary plumbing and a means of cooking.

Edit: ... and a worktop for food preparation. The cooker can't just be a microwave either.

stocks1j

MWT said:

stocks1j said:

Thanks MWT, the annexe does have a complete separate door and isnt connected, the only thing that may let me down reading the literature on the subject is that there isn't a separate sink in the room (can easily put one in) but it has to date back 3+ years apparently. It has a sink in the bathroom of course.

That would concern me, 'kitchen facilities' as per my original questions would normally include as a minimum a sink with necessary plumbing and a means of cooking.

Edit: ... and a worktop for food preparation. The cooker can't just be a microwave either.

I am concerned that although I may get a refund they could come back on me with the above, the property has the gas supply for cooker etc but no additional sink / food prep area. One solicitor has agreed to take the case on a "no win, no fee" basis but I want to be sure that any potential come back is also covered! 

MWT

stocks1j said:

I am concerned that although I may get a refund they could come back on me with the above, the property has the gas supply for cooker etc but no additional sink / food prep area. One solicitor has agreed to take the case on a "no win, no fee" basis but I want to be sure that any potential come back is also covered! 

If all you have is the gas supply, but none of the elements that would constitute a working kitchen then I'd have to reverse my earlier comment that you appeared to have a case.

I'd proceed with caution and provide photos to anyone suggesting they would be able to proceed with a case on your behalf to avoid any possible misunderstandings, and as before if they start talking about selling you an insurance product to cover the costs in the case of failure, simply walk away....

davidmcn

stocks1j said:

davidmcn said:

If you've got a case, just do it yourself, it's not rocket science.

Hi David, the only thing in the case of doing it myself is liability for costs if the case is not water tight I guess.

Are there any costs for the initial claim? (other than the professional fees if you're engaging somebody to do it on your behalf)

stocks1j

MWT said:

stocks1j said:

I am concerned that although I may get a refund they could come back on me with the above, the property has the gas supply for cooker etc but no additional sink / food prep area. One solicitor has agreed to take the case on a "no win, no fee" basis but I want to be sure that any potential come back is also covered! 

If all you have is the gas supply, but none of the elements that would constitute a working kitchen then I'd have to reverse my earlier comment that you appeared to have a case.

I'd proceed with caution and provide photos to anyone suggesting they would be able to proceed with a case on your behalf to avoid any possible misunderstandings, and as before if they start talking about selling you an insurance product to cover the costs in the case of failure, simply walk away....

Hi MWT, you have been so helpful so thank you for that! The plot thickens a bit now...I spoke to my solicitor who I used for the purchase, they have now told me that they wish to submit the claim on my behalf (meaning that there would be no win, no fee clause) they would simply submit the claim as it is within 12 months of purchase. They are worried that if I was to go through a 3rd party company they could then be asked questions as to how they missed it and sued etc. 
My biggest concern is they somehow submit the claim, it goes through and then HMRC look further into it and reverse their decision (can this happen, I don't know?)