SDLT main residence query

ukri

I'm hoping someone can answer or point me towards relevant guidance for an SDLT question.

My sister and her partner (unmarried couple) live in a house that is owned in my sister's sole name. Her partner owns a property that is let out for more than 5 years now but the tenant has given notice and will leave as soon as his house purchase completes, approx 3-6 months.

They are moving home - buying a new house (in joint names), moving into it and then will redecorate and sell both the current house and the property that is let out once the tenant vacates.

They understand that they will have to pay the 3% SDLT surcharge when buying but are being given conflicting information on whether they will be eligible to apply for a refund of the 3% once their current house is sold, under the 'main residence' exemption.
Their solicitor initially said yes and now they say no. When asked to confirm in writing that they won't be eligible for a refund, they said my sister needs to pay extra for SDLT advice due to their "complex situation".

Surely it can't be that complicated? Any thoughts?

@sdltgeek

MWT

I suspect the solicitors concern over the complexity is that your sister should be able to reclaim her share of the additional 3% paid, but her partner may not be able to as the rental property he is selling will probably not qualify as having been his 'main residence'.

If the rental property was her partners main residence at some point in the past, when did they cease living there?

ukri

Turns out they can claim the surcharge back! I don't know the full details but thought I'd close off the loop here.