Rat-infested property is “suitable for use as a dwelling”
The First-tier Tribunal has found that a property in disrepair, inhabited by rodents, is still suitable for use as a dwelling for tax purposes. This sounds illogical - so what’s the full story?
In Mudan & Anor v HMRC the taxpayers (the Ms) purchased a £1.7m property in London that had been empty for five months after the previous tenants were evicted. During that time, the property had been broken into and vandalised, none of the utilities worked and mice and rat droppings covered the kitchen. The boiler had been ripped off the wall, the gas, electricity and water were not functioning safely and rainwater was leaking into the property. It took nine months of renovations before the Ms moved into the property.
Higher rates of stamp duty land tax (SDLT) are chargeable on residential properties, with the pertinent part of the definition being that the property is residential if it is “suitable for use as a dwelling”. Due to the state of the property, the Ms argued that it was not suitable to be occupied and so lower rates of SDLT should apply. HMRC, and ultimately, the tribunal disagreed. The judge confirmed that the bar for a property not to be suitable for use as a dwelling was set very high, and that a building which was recently used as a dwelling, has not in the interim been adapted for another use, and is capable of being so used again will count as a dwelling for SDLT purposes. An additional £100,000 SDLT was due on the purchase, and the appeal was dismissed.
Related Topics
-
Electronic VAT return and payment due
-
HMRC checks directors’ loans are paid up
HMRC is writing to agents to check corporation tax returns for previous years are correct as it used to be possible to add a future date for an anticipated loan repayment. What’s the issue and what should you do if your advisor receives a letter?
-
Working from home tax relief scrapped in Budget
Employees who are required to work from home are currently able to claim tax relief at a flat rate of £6 per week. That's changing from 6 April 2026. What's the full story?