The First-tier Tribunal and the Upper Tribunal did not misinterpret the requirement in the definition of the relevant stamp duty land tax legislation that to qualify as ‘residential property’ the building in question must be ‘suitable for use’ as a dwelling. 

Summary 

The First-tier Tribunal (FTT) and the Upper Tribunal (UT) did not misinterpret the requirement in the definition of the relevant stamp duty land tax (SDLT) legislation (FA 2003, s 116) that to qualify as ‘residential property’ the building in question must be ‘suitable for use’ as a dwelling. 

Background 

The appellants bought a large, detached house (LG) in London and paid a higher rate of SDLT on the basis that the property was a residential property (within FA 2003, s 55(1B)). They later obtained a partial repayment of the SDLT on the basis that since the property