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Original poster

AIBU to think conveyancer wrong about Stamp Duty?

61 replies

ConfusedbyConveyancing · 08/08/2025 12:19

Me and my fiancé are buying a house together. We currently own a property each; he owns a house and I own a flat. We currently live together in his house, and he is selling his house for us to buy the new house together. His house and the new house are both in the same Northern city, whereas my flat is ion down south. I'll continue to own my flat after we have bought the new house together.

Our conveyancer has said that he thinks we will have to pay the higher rate stamp duty on the new house we are buying (due on additional properties) because I will continue to own a residential property.

We both live in my partner’s house currently. There is a lodger living in my flat (not a tenant, as I still sleep there about once a week for work). I am included on the council tax at my partner’s house, our child goes to nursery close to his house, and we are all registered for the GP near his house.

I think that if we were to get married now then we would be (i) buying the new house as an individual, and (ii) replacing our main residence; and would therefore pay the normal rate of stamp duty. I used the gov.uk calculator Stamp Duty Land Tax Calculator to work it out.

I sent the conveyancer a link to the gov.uk stamp duty calculator showing we should attract the normal rate of stamp duty if we get married now, but he said his interpretation is that we will have to pay the higher rate regardless – without really explaining.

The property purchase price is £390,000, so the normal rate of stamp duty would be £9,500, whereas the higher rate would be £29,000. It’s a big difference. :/

Am I unreasonable to expect an explanation from the conveyancer, or is this not his job?

And have I understood the stamp duty rules wrong?

Stamp Duty Land Tax Calculator

https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#!/intro

OP posts:
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5
cupofrealtea · 08/08/2025 13:24

I’ve been through this myself but we were married. I contacted HMRC at the Land Tax helpline. They explained that because we were a married couple therefore treated as a single legal person, we were replacing our main home and not increasing our total number of properties it was normal stamp duty. It took some convincing the solicitors though. I noticed the solicitors changed their initial client contact form as a result of what I explained to them. Bet they’d over charged previous clients.

Cosyblankets · 08/08/2025 13:22

I'm not sure why people are seeing this as complicated. OP owns a property. It's irrelevant who lives there. She owns a property so the new house is a second property. There's a calculator on the bottom of each rightmove listing and it asks you if you already own a property. It's a straightforward yes or no

Hey12345 · 08/08/2025 13:19

FarmGirl78 · 08/08/2025 12:55

Yes, but how you much will he save in inheritance tax that he would have had to otherwise pay had his parents house actually been in their own names?

Show quote history

Because 4 children are involved there won’t be much inheritance. And if it’s children that are inheriting the allowance is higher, £175k each, and my husband won’t be inheriting no where near that so unfortunately he’s been dealt a bad hand with having to pay the higher rate.

Hey12345 · 08/08/2025 13:16

Cutleryclaire · 08/08/2025 12:51

Not necessarily. OPs situation is more complex as she only has a lodger in hers, so I wouldn’t like to say for sure. But in my case:

house 1 - main residence
house 2 - my btl
house 3 - DH btl

Sold house 1, moved to a new main residence, kept both other investment properties. Stamp duty charged at higher rate but the higher rate portion could be reclaimed, leaving us paying basic rate.

Show quote history

Conflicting advice by all who have different experiences. I think OP should seek advice from another solicitor. Just in case, because if LTT is incorrectly paid, there is always a change they can find out and claim the outstanding amount, this is something we found out when we were trying to see if we could get away with just saying we didn’t have a share in another property.

AIBU to think conveyancer wrong about Stamp Duty?
AIBU to think conveyancer wrong about Stamp Duty?
jaffaC · 08/08/2025 13:16

anothernameagain1 · 08/08/2025 13:07

@ConfusedbyConveyancing
You are right,
You currently have 2 properties.
At end of sell/buy you will still have 2 properties.
No additional (3rd) property, hence no additional SDLT

As they aren’t married you’d look at the separately I believe I.e both currently own one property.

After the transaction he’d still have one but she’d have two (the flat and a part share of the new house) hence the additional stamp duty for a second home

jaffaC · 08/08/2025 13:13

At present though you own one property and so does your fiancé.
if you buy the new property together you’ll own two (the new house and your flat), he’ll still own one.

Even though you’re classing his house as your current main residence (as I understand it) you don’t own it so you’re not replacing your main residence in terms of a house you own. I believe ‘main’ residence would only come into play if you had a share in his house currently as well ie you owned two houses so needed to designate one as the main residence.

As someone else said, if he buys the new property in his name only then the extra wouldn’t be due. That’s down to you both still owning only one property after the transaction though.

Cosyblankets · 08/08/2025 13:12

FarmGirl78 · 08/08/2025 12:55

Yes, but how you much will he save in inheritance tax that he would have had to otherwise pay had his parents house actually been in their own names?

Show quote history

And care fees

Bearbookagainandagain · 08/08/2025 13:09

@ConfusedbyConveyancing I think you are partly correct. And most comments on here are wrong....
If you are replacing your main residence and selling your previous main residence, you will ot own any additional property after the transactions are complete and you pay the basic rate. The additional residential property does not matter, you would have already paid the higher rate on that purchase.

I can see issues in your situation though, and you should have a chat with your conveyancer to understand his thinking:

  • if your husband owned your previous residence but not you, the. He is replacing his main residence, but are you? I'm not sure about the rules there, you will technically own an additional property.
  • more worryingly, you technically have two main residence. Your other property isn't let, you do live there regularly, what are the rules around that?

Trust your conveyancer, or get a second opinion. Don't ask Mumsnet.

Fyi, I was in a similar situation when we bought together with my husband, and our conveyancer was also telling us we owned the higher rate, so I think your conveyancer is right. We didn't really push to know the reasons why, because luckily the property I jointly owned with my siblings belonged to a company and not us in person, so the basic rate applied anyway.

Tontostitis · 08/08/2025 13:08

The easy solution here is he buys it solely in his name and then you get married and if you feel unsafe keep a clear track of what you pay for.

anothernameagain1 · 08/08/2025 13:07

@ConfusedbyConveyancing
You are right,
You currently have 2 properties.
At end of sell/buy you will still have 2 properties.
No additional (3rd) property, hence no additional SDLT

Hey12345 · 08/08/2025 13:07

ConfusedbyConveyancing · 08/08/2025 13:00

@Hey12345 Which form do you mean?

I filled in the online form on the gov.uk stamp duty calculator, and selected 'yes' regarding additional properties. The next question was then 'are you replacing your main residence' and I put yes, and then it showed £9,500 as the result. ie. the lower rate. https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#!/intro

I asked the conveyancer for the actual form (not the calculator) that we'll have to complete at the time of the purchase but he said he can't share that as it's an online form.

Edited

The online form we filled out during conveyancing.

DH sister has her property on the market and she enquired to another solicitor whether she would have to pay the higher rate if she was to buy another property after selling, and they said she would be. However we are in Wales so may be different?

DongDingBell · 08/08/2025 13:07

I think the bit that might be problematic is the lodger, not tenant' situation.

What type of mortgage is on your flat? BTL or residential? Are you on the council tax at the flat? Utility bills?

In theory, replacing your main residence doesn't attract the premium, but I wonder if you aren't separated enough from the flat down south?

Motheranddaughter · 08/08/2025 13:06

If you and your partner both owned the house you are living in the fact that you also own a flat would not make you liable as you are
replacing main residence
Am not sure what happens as you are not the owner but definitely worth double checking

Cutleryclaire · 08/08/2025 13:03

ConfusedbyConveyancing · 08/08/2025 13:00

@Hey12345 Which form do you mean?

I filled in the online form on the gov.uk stamp duty calculator, and selected 'yes' regarding additional properties. The next question was then 'are you replacing your main residence' and I put yes, and then it showed £9,500 as the result. ie. the lower rate. https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#!/intro

I asked the conveyancer for the actual form (not the calculator) that we'll have to complete at the time of the purchase but he said he can't share that as it's an online form.

Edited

You’re right. Honestly, don’t let PPs and your solicitor tell you otherwise. I’ve been in the situation. If it’s your main residence that’s changing, it’s lower rate. I was told the same as you. Discovered that it was wrong a couple of weeks after the deadline to reclaim the higher rate portion. I lost 12k and the stamp duty office confirmed we would have been eligible to only pay standard rate.

Cutleryclaire · 08/08/2025 13:03

ConfusedbyConveyancing · 08/08/2025 13:00

@Hey12345 Which form do you mean?

I filled in the online form on the gov.uk stamp duty calculator, and selected 'yes' regarding additional properties. The next question was then 'are you replacing your main residence' and I put yes, and then it showed £9,500 as the result. ie. the lower rate. https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#!/intro

I asked the conveyancer for the actual form (not the calculator) that we'll have to complete at the time of the purchase but he said he can't share that as it's an online form.

Edited

You’re right. Honestly, don’t let PPs and your solicitor tell you otherwise. I’ve been in the situation. If it’s your main residence that’s changing, it’s lower rate. I was told the same as you. Discovered that it was wrong a couple of weeks after the deadline to reclaim the higher rate portion. I lost 12k and the stamp duty office confirmed we would have been eligible to only pay standard rate.

LittleJustice · 08/08/2025 13:01

You are correct OP ignore most of the replies on this thread, they're wrong.

LittleJustice · 08/08/2025 13:01

It only applies when you are selling and buying at the same time for some reason.

Original poster
ConfusedbyConveyancing · 08/08/2025 13:00

@Hey12345 Which form do you mean?

I filled in the online form on the gov.uk stamp duty calculator, and selected 'yes' regarding additional properties. The next question was then 'are you replacing your main residence' and I put yes, and then it showed £9,500 as the result. ie. the lower rate. https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#!/intro

I asked the conveyancer for the actual form (not the calculator) that we'll have to complete at the time of the purchase but he said he can't share that as it's an online form.

OP posts:
LittleJustice · 08/08/2025 12:59

You're correct.

There's an exemption if you are selling your main home and purchasing a new main residence.

FarmGirl78 · 08/08/2025 12:55

Hey12345 · 08/08/2025 12:39

That is incorrect I’m afraid. When you’re filling out the form it asks if you own any other properties or have a share in a property, and if so, you pay the higher rate. DH has a share in his parents property (who are alive and living there rent free) so even though he doesn’t own the property outright (shared between 4 children), and he isn’t currently benefiting financially (parents living there for free) we are still liable to pay the higher rate!

Show quote history

Yes, but how you much will he save in inheritance tax that he would have had to otherwise pay had his parents house actually been in their own names?

Overthebow · 08/08/2025 12:54

Your conveyancer is right, you will owe the higher stamp duty.

Mandylovescandy · 08/08/2025 12:53

Cutleryclaire · 08/08/2025 12:29

I disagree with PPs. A sale of the main residence for a new main residence is standard rate, despite owning additional properties.

No idea the rules about proving main residence but do you have utility bills / bank statements with your name on at partner’s house?

edited to say - it’s always a bit unclear so definitely don’t rely on mumsnet for advice. But also do continue to investigate and speak to the gov helpline. I got bad advice from solicitor that cost me almost £12k.

Edited

This. I think it is main residence that counts. I have another property and when we last moved we didn't pay additional rate because the other property is a rental. Marriage is irrelevant but main residence is important - your situation sounds slightly more confusing given you stay at your other property but I think you can nominate your main residence

Getamoveon2024 · 08/08/2025 12:52

He is right I’m afraid. I am buying a property for my parents and I have to pay second home stamp duty. Also, even if I only pay part of the purchase price (say I paid £200k and they pay £100k for a £300k property) second home stamp duty is due on the full amount, even though they would be funding their part of the purchase through the sale of their principle primary residence. I had this confirmed by my solicitor. It’s shit.

Original poster
ConfusedbyConveyancing · 08/08/2025 12:51

Hey12345 · 08/08/2025 12:36

You owe the higher rate unfortunately. It sucks I now. We’re in the same situation but DH is a co-owner (with his other 3 siblings) on his parents house (they’re still living there, free of course), and even we have to pay the higher rate which us just awful since we don’t actually own any other property!

Hi @Hey12345
That is really horrible for you.
How do you know/how are you so sure you'll have to pay the higher rate, have you had legal advice? If so, what kind of professional can advise on this kind of thing?

OP posts:
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