P N Bewley stamp duty 3% ruling applicable to me

Tax Planning and Financial

I purchase a buy-to-let property with the plans to convert it to an HMO, and paid the additional 3% stamp duty. On taking receipt of the property the boiler was broken (which I took pictures and reported to my solicitors at the time) as was the only toilet in the property (same). As I had plans to convert it to an HMO I was not too concerned with this as no one would be living there until I renovated the property anyway. But as the house had no working amenities, would it class an unhabitable, and therefore I could reclaim the 3% Stamp Duty?