Hello
I'm finding it quite hard to ascertain how the new SDLT rules apply in our scenario, so I would appreciate advice!
We are purchasing a new house that will be our main residence. We are a co-habiting couple, not yet married or in a civil partnership.
We live in my OH's property. I contribute a small payment each month to the bills and mortgage. I also own a flat that I have let out but used to live in. This property has had tenants (the tenancy started roughly two years ago and ended under a year ago) and has been vacant (meaning I have paid council tax, etc).
Will I need to sell the flat in order to avoid the surcharge?
Another issue is that, in order to complete on the purchase, we were thinking of turning my OH's property into a BTL and then sell it a little bit later. The mortgage company would be fine with this, but (a) would we be subject to the surcharge a given our main residence would be the new purchase, (b) if we did need to pay the surcharge, could we claim it back on selling my OH's property, and (c) do I need to have sold my own BTL flat in order for any of this to be possible?!
Many thanks in advance!
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