Stamp Duty Update

Are you a first time buyer or purchasing a property as your main residence? 
On 8th July 2020 the Government announced a Stamp Duty holiday.

What does this mean?
For those completing on the purchase of a residential property between 8th July 2020 and 31 March 2021 will not have to pay stamp duty subject to meeting the following criteria: -
The purchase price is up to £500,000.00
The purchase is for a main residence irrespective of being a first-time buyer
The purchase is completed before 31 March 2021

What if the purchase price is over £500,000.00?
The table below shows the stamp duty rate based on the purchase price for those purchasing a main residence 

Purchase price                                                                                                                         Stamp duty rate

Up to £500,000.00                                                                                                            0%
The next £425,000.00 (the portion from £500,001 to £925,000.00)                   5%
The next £575,000.00 (the portion from £925,001 to £1.5 million)                       10%
The remaining amount (the portion above £1.5 million)                                            12%

What about those buying additional residential properties (not main residence)?
These buyers will have some benefit of the stamp duty holiday and will pay stamp duty on their purchases at the following rates 

Purchase price                                                                                                                          Stamp duty rate

Up to £500,000.00                                                                                                               3%
The next £425,000.00 (the portion from £500,001 to £925,000.00)                      8%
The next £575,000.00 (the portion from £925,001 to £1.5 million)                          13%
The remaining amount (the portion above £1.5 million)                                               15%

You can visit the link below to find out how much stamp duty you will be paying according to your circumstances:
https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro

From 1 April 2021 the rules for stamp duty prior to 8th July 2020 will apply.

By Haminder Singh Matharu - 8 July 2020

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  • A case law update : A victory for Landlords 

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ - In a judgment handed down on 18 June 2020 the Court of Appeal concluded that the failure to provide a gas safety certificate prior to a tenants occupation does not prevent a landlord serving a s.21 notice as long as the relevant certificate has been given before service of the notice.

The case is a landmark ruling concerning the parties Trecarrell House Ltd vs Patricia Rouncefield. The tenant claimed that she could not be evicted because the law requires a gas safety certificate to be given to a tenant when they move in. Rouncefield’s property had a valid gas certificate both before and during her tenancy but she was not given a copy prior to when she moved in during February 2017. She was served with a Section 21 notice on 1st May 2018.

After an initial lower court case and then an appeal, this latest judgement we will be welcomed by landlords as it is in their favour.

The judges agreed that the legislation was unclear and sometimes contradictory and, despite agreeing that its aim was to ensure the safety of tenants and that was clear that a gas safety certificate should be given to any new tenant “before that tenant occupies those premises, the judgement points out the need for a certificate was a mere ‘procedural requirements’ and not a ‘substantive sanction”.

The Court of Appeal ruled that Section 21 notices are valid provided a Gas Safety Certificate is issued before the notice is given to the tenant, not before a tenant moves into a property.It is very important for landlords to comply with relevant legislation to ensure they give tenants the correct information and documents at the start of a tenancy to avoid any pitfalls. 

For the full judgment download here – copy link https://www.judiciary.uk/wp-content/uploads/2020/06/Approved-judgment-Trecarrell-House-Ltd-v-Rouncefield-18-06-2020.pdfhttps://www.judiciary.uk/wp-content/uploads/2020/06/Approved-judgment-Trecarrell-House-Ltd-v-Rouncefield-18-06-2020.pdf

by Sheila Gorsia - 24 June 2020

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