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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am about to sign Tenancy Agreement through Agency and Can

Resolved Question:

Hi There
I am about to sign Tenancy Agreement through Agency and Can not understand - why is there a Clause stating that
"The tenant will be responsible for assessing their liability, if any and at any time, for Stamp Duty
Land Tax (SDLT) and for submitting the appropriate forms and payment to the Inland Revenue."
I would appreciate if you could kindly explain this to me because Agency are not able to. They just say that it is a requirement by Law but would not tell me why/what Law etc.
Thank you
Kind regards
Sandra Mellitis
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Sandra,

Could you please confirm hat you are signing a residential Assured Shorthold tenancy, and if so, is it for 6 or 12 months for example?

Kind Regards

Al

Customer: replied 1 year ago.
Hi AlYes, I confirm that it is Assured Shorthold Tenancy Agreement for 12 months initially.Regards
Sandra
Expert:  Aston Lawyer replied 1 year ago.

Hi Sandra,

Thanks for your reply.

Please be rest assured that you have nothing to worry about and there certainly won't be any Stamp Duty for you to pay and nor will you need to submit any Stamp Duty Land Transaction Return. Stamp Duty is only payable on longer Leases (normally commercial) and a Tenant need only submit a Return if they are paying over £40,000 consideration.

Some Letting Agents are putting this clause in AST Agreements- why I don't know, but you are safe to ignore it.

I hope this assists and sets out the legal position.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

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