A message promising a stamp duty refund can sound attractive after an expensive property purchase. The important question is whether the transaction genuinely qualifies, not how much an agent says other clients have recovered.
Legitimate refunds have specific grounds
HMRC lists several situations in which Stamp Duty Land Tax may be refundable. Examples include qualifying higher-rate repayments after a previous main home is sold, an unclaimed relief, or an error in calculating or paying the tax. The correct claim route depends on the circumstances.
Using an agent does not transfer responsibility for an inaccurate claim. HMRC says the purchaser remains responsible and may have to repay the full refund, with interest and any penalties. A payment from HMRC is not necessarily the end of the matter: a claim can be checked afterwards.
[Use HMRC's refund guidance and claim checker](https://www.gov.uk/stamp-duty-land-tax/refunds-of-stamp-duty-land-tax).
Repairs do not automatically change the tax category
In July 2025, HMRC warned about agents promoting claims that homes needing repairs should have been taxed as non-residential. Its warning explains that a property retaining the fundamental characteristics of a dwelling can still attract residential rates despite needing substantial work. The question is more specific than whether a purchaser could move in immediately.
[Read HMRC's warning about property-condition claims](https://www.gov.uk/government/news/homebuyers-warning-as-hmrc-gets-tough-on-bogus-stamp-duty-claims).
Questions to put to an adviser
Ask for the legal basis of the proposed claim in writing and how it fits the facts at the date of purchase. Check which documents support that conclusion. The original conveyancer's calculation and the purchase papers are a sensible starting point for an independent review.
Before signing, understand the fee, what happens if HMRC later challenges the refund, and whether the agent retains a charge even if the money has to be repaid. Keep a complete copy of anything submitted in your name. A percentage-based fee and an optimistic headline are not evidence of eligibility.
This is general information about SDLT in England and Northern Ireland, checked on 6 November 2026. It does not assess any individual's entitlement or accuse any particular adviser of misconduct. Obtain advice based on the actual transaction rather than submitting a speculative claim.