伊人直播

Condition D will only be of relevance if at the end of the day of purchase, the purchaser owns, or is treated as owning,聽a major interest in two or more dwellings. Its purpose is to ensure that replacing a main dwelling, in certain circumstances, is not a higher rates transaction even鈥痺here鈥痶he purchaser owns multiple dwellings.鈥�聽

If at the end of the鈥痚ffective date of transaction鈥痶he purchaser only owns an interest worth 拢40,000 or more in only鈥痮ne鈥痙welling, there is no need to test if condition D applies. If no interest in any鈥痮ther dwelling鈥痠s owned, then one鈥痮f conditions A-C will already have been failed so that the transaction cannot鈥痠n any circumstances comprise鈥痑 higher rates transaction聽on account of that purchaser's circumstances.鈥�聽

Condition D is that the purchased dwelling is not a replacement of the purchaser鈥檚 only or main residence [Para 3(5)].鈥疶he definition of 鈥渕ain residence鈥� is considered in more detail at SDLTM09812.鈥�聽

The detailed rules vary slightly, depending on whether the `old` main residence is sold before or after buying the new main residence.鈥�聽

However, the replacement test can only be met by disposing of a previous main residence owned by the purchaser or the purchaser鈥檚 spouse or civil partner. The replacement test in the legislation is a replacement in terms of ownership, and not聽only聽in terms of occupation.聽

Old main residence sold before or on the same day as the new main residence is purchased鈥�聽

In this first situation Condition D will be met unless鈥痑ll鈥痮f鈥痶he following 5 conditions are聽met: -聽

1. At the time of purchase of the new property, the purchaser intends to live in the new property as the purchaser's only or main residence [Para 3(6) (a)].
2. In the three-year period preceding the purchase of the new property, the purchaser (or the purchaser's spouse or civil partner at the time) must have disposed of a major interest in another dwelling (the "old property")聽[Para 3(6) (b)]. Leaving employer provided accommodation or a parental home does not count as a disposal of a major interest in a previous main residence for the purposes of Condition D. This is the three-year disposal rule.
3. Immediately after the disposal of the old property, neither the purchaser nor聽the purchaser's spouse or civil partner had a major interest in the old property.
4. The purchaser must have lived in the聽old property as the purchaser's only or main residence at some point in the three-year period preceding the date of the purchase of the new property 聽[Para 3(6) (c)]. This is the three-year occupation rule.
5. At no point between selling the old property and buying the new property had the purchaser (or the purchaser's spouse or civil partner) acquired a major interest in another dwelling with the intention of the purchaser living in it as the purchaser's main or only residence [Para 3(6) (d)].

Leaving an assured鈥痵horthold tenancy will not count as a disposal unless the tenancy was granted for a period of more than 7 years.鈥� Equally, for Condition D, such a tenancy taken between the sale of the old property and purchase of the new property will be ignored so long as it is not granted for a term of more than 7 years.鈥�聽

鈥�聽

For the purpose of condition D,鈥痶he disposal of the previous main residence does not have to be by way of sale, although that is likely to be the case for most individuals. For example, the property may have been gifted to someone else or transferred under a court order as part of a divorce settlement.鈥�聽

Where joint purchasers (who are not spouses/civil partners) previously lived together in a property owned by only one of the joint purchasers, the disposal of this previous property will鈥痮nly meet the 鈥渞eplacement of main residence鈥� condition for鈥痶he previous owner, and not for the purchaser with no ownership interest in the 鈥渙ld鈥� property.鈥�聽

鈥�聽

Old main residence sold after the new main residence is purchased: -聽

In this second situation, Condition D will cease to be met if the following 4 conditions are聽all聽met:鈥�聽

1. At the time of the purchase of the new property, the purchaser intended to live in the new property as the聽purchaser's only or main residence [Para 3(7) (a].
2. In the three-year period following the purchase of the new property, the purchaser (or the purchaser's spouse or civil partner) disposes of a major interest in another dwelling (the "old property") [Para 3(7) (b)]. In exceptional circumstances the three-year period may be extended - see SDLTM09807.
3. Immediately after the disposal of the old property, neither the purchaser nor the purchaser's spouse or civil partner had a major interest in the old property [Para 3(7) (ba)].
4. The purchaser must have lived in the old property as the purchaser's only or main residence at some point in the three-year period leading up to the date of the purchase of the new property [Para 3(7) (c)].

Purchases before 22 November 2017鈥�聽

The rules were changed on 22 November 2017.鈥�鈥疊efore聽this date, it was unnecessary for the purchaser to have disposed of the whole of their major interest in the sold dwelling. A purchaser could have disposed of only part of their major interest and still not have met Condition D.鈥�聽

For鈥痙isposals on or after 22 November 2017 there is a requirement that neither the purchaser, nor the purchaser鈥檚 spouse or civil partner, retained a major interest in the old property following the disposal.鈥�聽

鈥�舛寞聽

Exception to the three-year鈥痙isposal鈥痳ule鈥�聽

[Para3 (6)]

Where the sale of the old main residence took place before, or on the same day, as the purchase of the new main residence and the purchase of the new main residence occurred on or before 26 November 2018, the three-year disposal rule and the three-year occupation rule (above) are both ignored.

See example at SDLTM09805

鈥�舛寞聽

Renting while replacing a鈥痯urchaser鈥檚 only or main residence鈥�舛寞聽

An assured鈥痵horthold tenancy鈥痶aken between the sale of the old property and purchase of the new property will be ignored so long as the tenancy鈥痠s not granted for a term of more than 7 years.鈥�舛寞聽

鈥�舛寞聽