Can the First Time Buyer Status be 'appealed' or 'challenged'?

Smiddlewood

Good evening MSE forum.

I have been through previous posts and it seems the only relating to this topic have been specific to the poster's scenario, so I would welcome your advice on the same:

In 2015, my mum and step father separated, who were joint owners of the house in which they lived.
As part of the separation, they agreed that my mum would keep the house and still live there, but that 33% of the equity would be released in order to distribute the estate between them.
Due to her age, mum could not secure a mortgage, so I offered to do so (noting this was all above board and the specific scenario was known to the lender (HSBC for anyone who is looking for a similar mortgage set-up - few other lenders would consider this case).
Subsequently, I was on the deeds as a 33% owner of the house, which equalled the amount of the house which was mortgaged.

Earlier this year, in April, the house was sold and mum relocated. Worth noting I have been in rental accommodation throughout, and remain in rental now.
At the time the property was sold, I did not benefit financially. The outstanding mortgage was repaid, and the remaining 66% (plus the equity gained through 6 years of mortgage re-payments) all went to my mum and into her new house. I have the bank statements and solicitor statements to demonstrate this.

The criteria of a first time buyer being someone whom "[has] never owned an interest in a residential property in the United Kingdom or anywhere else in the world and who intends to occupy the property as their main residence." (Source: Gov Policy Paper Policy paper Stamp Duty Land Tax: relief for first time buyers. Published 22 November 2017)

Is anyone aware of cases where this can be 'challenged' based on individual circumstance. I am now looking (at a very bad time I appreciate) to get onto the property ladder with my fiancee, and the £5k or so we could save as both being "first time buyers", as she is, would be a huge benefit for us due to the challenging costs all round. 

Thanks very much for your thoughts on this.

Windofchange

You have held an interest in a property before, therefore you do not meet the criteria of a first time buyer. I have been in the same boat having inherited a 25% share in a flat owned by a great aunt which was then sold a few years later. Not sure what it is you are hoping to appeal? 

Smiddlewood

I'm not sure either, which was really the purpose of my question. It's a blanket statement I understand, but there are many of us who 'lose' out through no real fault of our own . I could only say I was doing a good deed to help my mum out at the time, and due to the Government definition, it's going to penalise me financially. 

aoleks

you are NOT a first time buyer anymore, but this is probably not what you expected to hear. you can't appeal this, btw, it's very binary and pretty straight forward.

Windofchange

The law unfortunately doesn't care about your intentions, only what is in black and white. You are not a first time buyer however much you feel your specific case warrants exception. 

canaldumidi

You not a FTB as you have previously owned a property, though it does depend on the purpose for which you want to be considered a FTB:

many mortgage lenders for example, will grant you FTB mortgages if you do not currently have a mortgage

FTB status may be different for SDLT purposes as opposed to some FTB discount schemes - you need to read the specific definition for what you you want to apply for.

There is no single definition.