Can you claim a stamp duty refund on multiple buy-to-let properties?

Introduction

Many property investors search for answers about whether they can reclaim Stamp Duty Land Tax (SDLT) on several properties bought over time. This often comes up where a buyer believes one or more purchases may have been taxed incorrectly, for example because a relief may have applied or because a claim is being considered on the basis that a dwelling was not suitable for use as a residence at the effective date of the transaction.

This article explains the issue in general terms, using an anonymised version of a real enquiry. It also explains the legal framework and why a separate review is needed for each property.

The Question

A property owner contacted Nick about a possible SDLT reclaim across a portfolio of residential properties. The owner believed there might be several viable claims and wanted to know whether all of the properties could be reviewed and, if appropriate, included in refund applications.

The enquiry concerned a number of separate dwellings acquired in different transactions. The practical question was whether there were enough strong cases to justify moving forward with claims across the portfolio.

Nick’s Explanation

Nick’s response, once anonymised and stripped of private details, was essentially this: each property must be considered on its own facts, but where there are several viable cases, it may be possible to pursue multiple SDLT reclaims.

He explained that the owner appeared to have a number of potentially viable cases, but not every property in a portfolio will necessarily qualify. That is because SDLT is charged transaction by transaction. A claim succeeds or fails by reference to the legal position for the specific purchase, the condition of the property at the relevant date, and the evidence available.

In practical terms, Nick’s view was that a portfolio review can identify which purchases are worth pursuing, but a buyer should not assume that owning many properties automatically creates many valid refund claims.

The Law

SDLT is charged under the Finance Act 2003. The amount due depends on the nature of the subject matter acquired, the consideration paid, and whether any higher rates, reliefs or special rules apply.

For residential property, an important question can be whether the property was a “dwelling” at the effective date of the transaction. That matters because some SDLT rules, rates and reliefs depend on whether the property was residential, non-residential, or mixed.

Where a taxpayer argues that a building was not suitable for use as a dwelling, the courts have made clear that the threshold is now relatively high. Following Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799, a property will not fall outside the dwelling definition merely because it needs repair, modernisation, or even fairly serious works. The question is whether, viewed realistically at the effective date, the building was suitable for use as a residence. The Court of Appeal confirmed that the condition threshold for showing unsuitability is demanding.

That means refund claims based on disrepair or alleged uninhabitability require careful evidence. A property that lacks visual appeal, requires refurbishment, or has defects may still be treated as a dwelling for SDLT purposes.

Where a taxpayer seeks to amend or reclaim SDLT already paid, the relevant procedural rules are also found in the Finance Act 2003, including the provisions governing repayment claims and time limits.

Analysis

The correct approach is to review each transaction separately.

First, identify the exact basis of the proposed reclaim. A buyer may be relying on one of several possible arguments, such as:

• the wrong SDLT rates were applied;
• a relief was available but not claimed;
• the property was mixed-use rather than wholly residential;
• multiple dwellings relief was relevant for older transactions where the law and timing permit consideration;
• the property was said not to be suitable for use as a dwelling at completion.

Secondly, gather the documents for each purchase. That usually includes the SDLT return, completion statement, contract, transfer, title documents, valuation evidence, photographs, survey reports, invoices for works, and any contemporaneous correspondence showing the property’s condition or use.

Thirdly, test the facts against the legal rules that applied at the time of that transaction. This is critical because SDLT outcomes are highly fact-sensitive. A claim that looks attractive at first sight may fail once the contemporaneous evidence is examined.

Fourthly, if the argument is that a property was not suitable for use as a dwelling, apply the stricter post-Mudan approach. The question is not simply whether the property was in poor condition or whether a lender might have hesitated. The issue is whether the building truly failed the legal standard for suitability as a residence on the effective date. After Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799, that is a harder case to make than many earlier claimants assumed.

Fifthly, check time limits. Even a strong substantive argument may be blocked if the statutory deadline for amendment or repayment has passed.

Finally, where a buyer has a portfolio, the likely result is mixed. Some properties may support a claim, others may not, and some may need more evidence before a view can be reached.

Outcome

The practical conclusion is that a buyer with several residential properties may be able to make more than one SDLT reclaim, but there is no portfolio-wide shortcut. Each property must be reviewed individually, and only those with a sound legal basis and adequate evidence should be pursued.

If the proposed claim depends on saying a property was uninhabitable or not suitable for use as a dwelling, the current legal threshold is high. In light of Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799, many disrepair-based arguments will be weaker than taxpayers expect.

Practical Steps

If you are assessing possible SDLT refunds across multiple properties, the sensible next steps are:

• make a list of each property and the date it was bought;
• obtain the SDLT return and completion paperwork for each transaction;
• identify the exact refund argument for each property rather than using one broad assumption across the whole portfolio;
• collect contemporaneous evidence of the property’s condition and use at completion;
• check whether any statutory time limit is close or has already expired;
• treat claims based on uninhabitability with caution, because the legal threshold is now relatively high following Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799;
• separate stronger cases from weaker ones before making any submission to HMRC.

Conclusion

It is possible for an investor to have several valid SDLT refund claims across a property portfolio, but each transaction stands on its own facts. A careful property-by-property review is essential, and claims based on a dwelling being unsuitable for use now face a stricter legal standard after Mudan.

Legal References Used

• Finance Act 2003
• Amarjeet and Tajinder Mudan v The Commissioners for HMRC [2025] EWCA Civ 799

This page was last updated on 22 March 2026.

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