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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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Cutleryclaire · 08/08/2025 12:51

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!

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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.

FarmGirl78 · 08/08/2025 12:50

If you buy now before you are married, and the new house and mortgage go solely in DPs name them you wouldn't have to pay the extra. If it's in joint names, regardless of whether you're married you'll have to pay extra.

Viviennemary · 08/08/2025 12:46

This is a second homd for you. As you already own a property.

KidsDoBetter · 08/08/2025 12:44

You are incorrect. Being married or not is irrelevant. I just bought with my DP and am retaining a property for 2 years. We paid the higher rate and I will get the difference back if I sell within 3 years as it’s my main residence.

Hey12345 · 08/08/2025 12:39

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

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!

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!

BetweenTwoFerns · 08/08/2025 12:30

You still own it. I think part of the point is to clamp down on people buying second homes and holiday lets. Some people will own additional properties that they have never lived in.

NotTheHair · 08/08/2025 12:29

Deleted as thought you were talking about relief for FTB! Apols.

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.

MidnightPatrol · 08/08/2025 12:27

You are buying an additional residential property, therefore you will owe the stamp duty.

That you rent your other property out doesn’t matter - you will end up owning an extra property.

You need to sell your flat, but you have three years to do that and can reclaim the money.

WrylyAmused · 08/08/2025 12:26

You've understood the stamp duty rules wrong, sorry. You owe the higher rate as one of the owners also owns another property, and will continue to do so through the process of the new house purchase. The rest, and being married or not, is irrelevant for stamp duty purposes.

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