×

NORTHWEST LEGAL NEWS

Monday June 17 2019

Law firm urges property developers to seek advice about stamp duty rebates


Primas Law is already acting on behalf of a growing number of developers and landlords with potential grounds for recovery on wrongly paid stamp duty land tax.



Law firm urges property developers to seek advice about stamp duty rebates

Primas Law is calling on UK property developers and landlords to seek advice about potential stamp duty rebates on ‘uninhabitable’ second properties after a landmark tribunal case.

A recent ground-breaking case, between P N Bewley Ltd and HMRC, held that properties that are not immediately habitable at the time of completion do not constitute as a “dwelling” for the purpose of the Finance Act 2003.

According to Primas Law, this finding could have major implications for the UK housing market, as the decision meant that P N Bewley was not liable to pay the additional three per cent stamp duty surcharge applicable to second properties.

It could mean that those who have paid stamp duty on similar uninhabitable properties – including potentially thousands of UK landlords and developers – may have paid an inappropriate level of tax and could seek to reclaim them.

As a result of the outcome of this case, Primas Law is being instructed to act for a large and growing number of landlords and developers seeking to recover stamp duty paid for properties that, potentially, should not have attracted the additional tax.

Daniel Thomas, Head of Litigation at Primas Law, said: “To provide more context to this particular case, the property that P N Bewley purchased was a bungalow and a plot of land in Western-super-Mare.

“The company’s intention was to demolish the bungalow and build a new dwelling on the land with planning permission already being granted. The bungalow was essentially a derelict building that had been unoccupied for around three years.

“The tribunal was provided with photographs of the derelict building and these demonstrated the heating system, radiators, floorboards and pipework had been removed, and that the property – both internally and externally – was in a very poor condition.

“It was also provided with reports from surveyors that concluded asbestos was present in the property and urgently needed removing.”

On presentation of P N Bewley’s evidence, the tribunal concluded there was no doubt a passing tramp or group of squatters could have lived in the bungalow… we have no hesitation that, in this case, the bungalow was not suitable for use as a dwelling.”

As a result of this, P N Bewley was not required to pay the SDLT surcharge in this instance.

“This case highlights the importance of developers, estate agents and conveyancers fully understanding the condition of a property, and what potential benefits this offers to a purchaser,” Daniel added.

“It also highlights that developers and landlords who have potentially paid an inappropriate level of tax may be able seek to reclaim the same, if similar circumstances permit.

“It’s a real landmark case for UK property developers and landlords and adds an interesting new dynamic to the debate. We’re currently acting on behalf of a number of property developers and landlords to help them better understand the risks and opportunities, and we think many more will also be looking into these findings in much more detail. For some, it could be significant.”

Primas Law, which has offices in Cheshire, Manchester and London, is leading the campaign to raise awareness of the potential opportunities.

If landlords or property developers are interested in finding out whether they may be entitled to a rebate due to the uninhabitable nature of a second property, or they’d like to find out what this means to their property portfolio, then please they can contact the Primas Law team on 01928 248 672 or email hello@primaslaw.co.uk.



"This case highlights the importance of developers, estate agents and conveyancers fully understanding the condition of a property, and what potential benefits this offers to a purchaser."
Daniel Thomas








DISCLAIMER: The statements, opinions, views and advice expressed in this article are those of the author/organisation and not of ENTIRELY. This article should represent information correct at the time of publication however whilst every care has been taken to present up-to-date and accurate information, we cannot guarantee that inaccuracies will not occur. ENTIRELY will not be held responsible for any claim, loss, damage or inconvenience caused as a result of any information within this article or any information accessed through this site. The content of any organisations websites which you link to from ENTIRELY are entirely out of the control of ENTIRELY, and you proceed at your own risk. These links are provided purely for your convenience and do not imply any endorsement of or association with any products, services, content, information or materials offered by or accessible to you at the organisations site.







Entirely Law Jobs


Legal Assistant/Administrator - Healthcare Litigation

Manchester


Legal Assistant/Administrator - Healthcare Litigation Manchester City Centre Salary Negotiable An experienced Legal Assistant/Administrator is required due to expansion, to join a Law Firm in the Manchester area.




Legal PA

Manchester


Description Job Description Job Title: Legal PA Department: Property Location: Manchester Type of Contract / Hours of work: Full-Time Purpose of the role: Provide proactive and professional Legal PA support to allocated group.




Legal Secretary - Personal/ Catastrophic Injury

Manchester


Legal Secretary - Personal/ Catastrophic Injury £24,000 - £26,000 Manchester City Centre As a recruitment partner to an established Legal firm in Manchester City Centre, Platinum are looking for a Legal Secretary who has experience in the Personal Injury/ Catastrophic Injury sector.




Legal Assistant

Knutsford


A Legal Secretary is currently needed to provided secretarial and administrative support within a Financial Services business in the Knutsford area.




Practice Manager

Manchester


A Legal Practice Manager position has become available in an award winning Legal firm in Manchester.




Legal Secretary

Chester


LEGAL SECRETARY - £18,000 to £22,000 DOE Are you an experienced legal secretary looking for a new challenge?Are you experienced secretary who is a confident typist?Do you enjoy working in a fast-paced environment? If you have answered yes to the above then I would love to hear from you! My client is looking for a Legal Secretary to join th.




Legal Secretary

Chester


LEGAL SECRETARY - £18,000 to £22,000 DOE Are you an experienced legal secretary looking for a new challenge?Are you experienced secretary who is a confident typist?Do you enjoy working in a fast-paced environment? If you have answered yes to the above then I would love to hear from you! My client is looking for a Legal Secretary to join th.




Legal Secretary

Chester


LEGAL SECRETARY - £18,000 to £22,000 DOE Are you an experienced legal secretary looking for a new challenge?Are you experienced secretary who is a confident typist?Do you enjoy working in a fast-paced environment? If you have answered yes to the above then I would love to hear from you! My client is looking for a Legal Secretary to join th.




Legal Secretary

Chester


LEGAL SECRETARY - £18,000 to £22,000 DOE Are you an experienced legal secretary looking for a new challenge?Are you experienced secretary who is a confident typist?Do you enjoy working in a fast-paced environment? If you have answered yes to the above then I would love to hear from you! My client is looking for a Legal Secretary to join th.




Legal Secretary

Manchester


Legal Secretary£16K - £18K depending on experienceFallowfieldMonday to Friday 9am - 5:15pmOur client are a firm of solicitors based in South Manchester specializing in the full range of legal services including personal injury claims, immigration, property, family law and criminal law.




Legal Cashier

Rawtenstall


New Job - Legal Cashier – Rawtenstall – Up to £21k - Apply Now! REED Accountancy is recruiting on behalf of an energetic and long-established reputable Law firm based in Rawtenstall.




Legal Cashier

Liverpool


Legal Cashier We are currently looking for a Legal Cashier for a law firm in Liverpool.




RECOMMENDED FOR YOU ON ENTIRELY NORTH WEST






































Carlisle pub reopens with a fresh new look


As part of the investment, the Apple Tree Greene King, on Lowther Street, has undergone a total refurbishment, including the introduction of a lighter colour scheme which incorporates tiled walls, signature pieces of furniture and fresh, contemporary flooring



















Discover the latest Industry News & Opinions on Entirely














We build powerful Financial Models for critical business decision makers.