Q&As

My client owns a leasehold top floor flat and is purchasing the loft space above his flat from the freeholder. He wishes to combine the loft with his flat. If I use a deed of variation the change to the extent of the property will result in a deemed surrender and regrant. Will this create an SDLT liability for my client? Is there a better way of incorporating the loft space?

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Published by a LexisNexis Tax expert
Published on: 21 December 2017

As correctly identified, increasing the demise by way of a deed of variation will amount to a surrender and regrant of the existing lease. It follows that SDLT may be payable on the re-granted lease. Overlap relief may be available for any rent paid under an original grant provided the lease was subject to SDLT and is of the same or substantially the same premises

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United Kingdom
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