Uninhabitable Property Claims — Did You Overpay Stamp Duty?

Bought a property in the last 4 years that was derelict, structurally unsafe, or required reconstruction? If it had lost its fundamental characteristics as a dwelling at the date of purchase, you may have overpaid SDLT, LTT, or LBTT — and be entitled to a refund.

Uninhabitable property reclaims From 20% — No Win, No Fee
Nick Garner

These are the most contentious claims — HMRC, Revenue Scotland, and the WRA all actively challenge them. The higher fee reflects the complexity, the volume of evidence required, and the risk involved. You receive the refund first, then pay me.

Email me with details of the property and what condition it was in when you bought it. I'll tell you honestly whether it meets the Mudan threshold.

✉️ [email protected]

Property Habitability Checker

Use this tool to assess whether your property may qualify as "not suitable for use as a dwelling" under the legal test established by the Court of Appeal.

The Legal Test: Mudan v HMRC [2025] EWCA Civ 799

The Court of Appeal unanimously endorsed the Upper Tribunal's 7-point framework. The test is not whether the property is habitable, safe, or ready for occupation. It is whether the building has lost its fundamental characteristics — its identity — as a dwelling.

Lord Justice Lewison held (at para 69) that the UT's general principles were "legally sound, practical, workable, and reflect the intention of Parliament."

The key distinction (UT at para 54(2), endorsed by the Court of Appeal):

  • "A desirable house which has become dilapidated" — still a dwelling, even if dangerous, uninhabitable, or requiring complete renovation
  • "An empty shell with no main roof" — no longer a dwelling; identity lost

Critical points from the judgment:

  • Previous use as a dwelling is a "very strong indication" that the building possesses dwelling characteristics (UT para 54(1))
  • The definition is concerned with the building, not its internal fit-out (Court of Appeal para 63)
  • Unsafe occupation (e.g. dangerous electrics) is a relevant factor but does not by itself render the building unsuitable (UT para 54(5))
  • Defects must be assessed for whether they are capable of remedy — if works would be so dangerous or hazardous as to prejudice their viability (as in Bewley, where asbestos prevented repair), the building is unlikely to remain suitable (UT para 54(4))
  • The court is not restricted to a snapshot on the completion date — past history and whether the building retains its identity are relevant (Court of Appeal paras 58, 66)
Part 1: Identity Assessment

These questions determine whether the building retains its fundamental characteristics as a dwelling. Under the Mudan framework, previous use and structural identity are the primary indicators.

Part 2: Condition Assessment (Score 1–5)

Important: Under the Mudan framework, the Court of Appeal held that only factors which destroy the building's identity as a dwelling are legally relevant. Most "habitability" issues — including dangerous electrics, broken boilers, damp, mould, and infestation — are legally irrelevant unless they have caused structural collapse. Score these honestly; the tool applies the legal weighting.

CRITICAL FACTORS (Can Destroy Dwelling Identity)

These are the only factors that matter under Mudan. A property loses its dwelling identity only through structural collapse, legal prohibition, or conversion to a non-residential use.

0
  • Score 5: No roof; walls collapsed; open to sky — "empty shell"
  • Score 4: Major structural failure; roof missing or severely compromised
  • Score 3: Large holes in roof; partial collapse of structure
  • Score 2: Leaking roof; missing tiles (repairable defect)
  • Score 1: Roof and shell intact
0
  • Score 5: Unsafe/collapsed; demolition required; building condemned
  • Score 4: Severe structural movement; floors collapsed; walls buckling
  • Score 3: Subsidence requiring underpinning; partial floor collapse
  • Score 2: Cracks and settlement (repairable)
  • Score 1: Structurally sound
0
  • Score 5: Permanent legal ban on residential occupation
  • Score 4: Prohibition Order / Dangerous Structure Notice in force
  • Score 3: Planning restriction to non-residential use
  • Score 2: Improvement notice or enforcement action only
  • Score 1: No legal restrictions on residential use
0
  • Score 5: Fully converted to commercial/other use; residential identity gone
  • Score 4: Residential layout removed; commercial fit-out installed
  • Score 3: Mixed use / partial conversion underway
  • Score 2: Minor commercial alterations; residential layout intact
  • Score 1: Residential layout intact; no conversion
0
  • Score 5: Structural collapse caused by fire/contamination
  • Score 4: Asbestos or contamination preventing ANY safe repair (Bewley)
  • Score 3: Fire damage to roof/floors but repairable
  • Score 2: Smoke damage / surface contamination (cleanable)
  • Score 1: No fire or contamination
BACKGROUND FACTORS (Do Not Affect Dwelling Identity)

The Court of Appeal confirmed that these issues relate to "habitability" or "state of repair," not to dwelling identity. Under the Mudan framework, they do NOT stop a property being a dwelling unless they have caused the structure itself to collapse. Score them honestly — a high score here does not indicate a viable claim.

0
  • Score 5: All services stripped out / never connected
  • Score 4: Dangerous wiring / condemned electrics / lead pipes
  • Score 3: Services disconnected or needing full replacement
  • Score 2: Minor faults; services need updating
  • Score 1: Working services
0
  • Score 5: Rot causing structural floor/roof collapse
  • Score 4: Severe black mould / infestation (health risk)
  • Score 3: Widespread damp / woodworm
  • Score 2: Localised damp
  • Score 1: Dry and clean
0
  • Score 5: Derelict for decades; structural ruin
  • Score 4: Smashed windows; doors missing; rubbish throughout
  • Score 3: Long-term empty; overgrown
  • Score 2: Recently vacated
  • Score 1: Occupied or recently occupied
On the completion date, what was the status of any works?

The Court of Appeal noted (para 61) that a building "in the process of being constructed or adapted" for use as a dwelling is residential property. If works were underway to adapt the building to a non-residential use, that may be relevant.

What counts as "not suitable for use as a dwelling"?

Following the Court of Appeal's judgment in Mudan v HMRC [2025], the legal test is strict. A property remains a dwelling unless it has lost its fundamental characteristics as a residential building. This is very different from normal renovation or modernisation — rewiring, plumbing, or cosmetic work do not meet the threshold.

A property may qualify if, at the date of completion, it had:

Collapsing or unsafe floors, walls, or roof structure

A missing or severely compromised roof

Dangerous contamination such as asbestos preventing repair

A legal prohibition on occupation (e.g. Dangerous Structure Notice)

Been effectively reduced to an empty shell

Important: Damp, mould, broken windows, dangerous electrics, or lack of a boiler are "background" issues. Under Mudan, they do not stop a property being a dwelling unless they have caused the structure to collapse.

We are very selective about the cases we submit. HMRC is actively challenging poorly evidenced claims and scrutinising both taxpayers and agents for incorrect or speculative filings.

Uninhabitable Property — SDLT / LTT / LBTT Reclaim Calculator

Estimate your potential refund if your property was not suitable for use as a dwelling at the date of purchase. The calculator compares what you paid (residential rates) against what you should have paid (non-residential rates).

If not, we'll calculate the estimated stamp duty for you.