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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10772
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Dear Lawyer, my daughter owns a buy-to-let flat. It was

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Dear Lawyer, my daughter owns a buy-to-let flat. It was bought as such, it has a long-standing tenant, and my daughter has never lived in it. She is now split from her partner and is currently renting a property with her children. She recently received her share of the proceeds from the sale of the house she owned with her ex-partner and hopes soon to buy a new home for herself and her children. But she is worried that because she already owns the buy-to-let flat she will be charged substantial stamp duty on the purchase of the new family home. I am of the opinion that a distinction is made between buy-to-let flats and a family's primary residence and that she need not worry about the extra stamp duty. But we are not certain so can you help? Thank you.

Hi, thanks for your enquiry. Your Daughter has absolutely nothing to worry about- as the property she intends purchasing will be her main residence, the standard rate of Stamp Duty will apply. The new additional rate Stamp Duty rules are only applicable to people who purchase further properties, which are not to be lived in (ie buy to let properties). Therefore, the fact that your Daughter already owns a buy to let does not change anything and she won't be liable for Stamp Duty at the additional rate.

I hope this confirms the position to you.

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

Kind Regards


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