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Readers’ forum: Should my client make a ‘no-win, no-fee’ mixed use claim?

24 October 2023
Issue: 4910 / Categories: Forum & Feedback , Investments
Stamp duty dilemma

My client has recently purchased a large house with an adjoining stable block which is in poor condition. Stamp duty land tax was paid on the whole purchased at residential rates.

My client intends to renovate the block to use as a games room and library for the house. At the moment the stable block is being used by a neighbour to store a large sit-on lawnmower and other garden tools. There is no formal agreement in place but a nominal rent is being paid. The client has been cold-called by a SDLT boutique who has suggested that a revised SDLT return is submitted claiming that the property is mixed used. I’ve said that I don’t think that there is much chance of the claim being accepted but he is keen to proceed because the boutique has said they will operate on a no-win no-fee basis.

He says that if...

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