Rat-infested property is “suitable for use as a dwelling”
The First-tier Tribunal has found that a property in disrepair, inhabited by rodents, is still suitable for use as a dwelling for tax purposes. This sounds illogical - so what’s the full story?

In Mudan & Anor v HMRC the taxpayers (the Ms) purchased a £1.7m property in London that had been empty for five months after the previous tenants were evicted. During that time, the property had been broken into and vandalised, none of the utilities worked and mice and rat droppings covered the kitchen. The boiler had been ripped off the wall, the gas, electricity and water were not functioning safely and rainwater was leaking into the property. It took nine months of renovations before the Ms moved into the property.
Higher rates of stamp duty land tax (SDLT) are chargeable on residential properties, with the pertinent part of the definition being that the property is residential if it is “suitable for use as a dwelling”. Due to the state of the property, the Ms argued that it was not suitable to be occupied and so lower rates of SDLT should apply. HMRC, and ultimately, the tribunal disagreed. The judge confirmed that the bar for a property not to be suitable for use as a dwelling was set very high, and that a building which was recently used as a dwelling, has not in the interim been adapted for another use, and is capable of being so used again will count as a dwelling for SDLT purposes. An additional £100,000 SDLT was due on the purchase, and the appeal was dismissed.
Related Topics
-
How long does a capital loss last?
You’ve made a large capital gain from a recent sale. Capital losses can reduce the amount on which you have to pay tax but the losses you have date back decades and weren’t reported to HMRC. Is it too late to claim tax relief for them?
-
Salary transparency on recruitment
A pay transparency survey has revealed that 70% of employers intend to share salary ranges with external candidates during recruitment ahead of the EU Pay Transparency Directive coming into force. Will this become a legal requirement?
-
HMRC has recently expanded the scope of taxpayers who can arrange a payment plan online. What are the new parameters and conditions?
HMRC has recently expanded the scope of taxpayers who can arrange a payment plan online. What are the new parameters and conditions?