The First-tier Tribunal made no error of law in deciding that a property was residential property, which was suitable for use as a dwelling at the time of completion of its purchase.  

The appellants bought a property in London and paid stamp duty land tax (SDLT) on the purchase, on the basis that it was residential property. They subsequently claimed a partial repayment of the SDLT on the basis that the property was not residential property. Following an enquiry, HM Revenue and Customs concluded that the property was residential property. On appeal, the only issue was whether the property was ‘suitable for use as a dwelling’ at the time of completion of the purchase. The First-tier Tribunal (FTT) dismissed the appellants’ appeal. The appellants appealed.  

The appellants’ main argument was that the FTT applied an incorrect test in law for suitability for use as a dwelling, the correct test being whether the