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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8284
Experience:  Dual qualified Solicitor and Attorney
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I have a SLDT question on a second home, UK, Nothing, Not as

Customer Question

Hi there - I have a SLDT question on a second home
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: Nothing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not as yet
Submitted: 13 days ago.
Category: Property Law
Customer: replied 13 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 13 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 13 days ago.
Apologies I haven't really asked my question very well. I own a flat that me and my partner live in (but only I am on the mortgage and deeds). My partner also owns a different flat (that she is only on the mortgage/deeds of) that she currently rents out since she moved in and lived with me. We are looking at selling my flat and moving to a house that we have currently got an offer on. We are keen to keep my partner's flat as it is currently rented out. I am aware of the second home SDLT surcharge of 3% and wanted to know the best way in which to deal with this to ensure the 3% is only paid on the second home (my partner's flat) and not on the new house that we are currently proposing to buy. There is a significant value different between the two so it is imperative that we take the right steps to ensure the second home surcharge is only paid on my partner's flat.
Expert:  Jeremy Aldermartin replied 13 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 13 days ago.

Sorry so to be absolutely clear, you will be selling your flat and buying a new property with your partner but at the same time, you will be retaining her flat and you want to pay the 3% additional stamp duty on her flat which she already owns?

Customer: replied 13 days ago.
that is correct
Expert:  Jeremy Aldermartin replied 13 days ago.

Ok, you cannot do that unfortunately, the 3% is due on the property you are buying not one you already own. That said, you should be able to avoid the 3% as this will be a main home where the additional rate is not due anyway. I trust this assists

Expert:  Jeremy Aldermartin replied 13 days ago.

Let me know if you have questions