Hani Gabra & Anor v The Commissioners for HMRC

Decision date: 4 April 2025

Neutral citation: [2025] UKFTT 399 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This case concerned whether Multiple Dwellings Relief (MDR) applied to the purchase of The Willows, specifically whether a detached Annexe was (a) suitable for use as a single dwelling at completion or (b) in the process of being adapted into one at the effective date. The tribunal found the Annexe lacked basic facilities (toilet, sink, shower/bath) at completion and no physical adaptation works had commenced by the effective date. The appeal was dismissed and MDR was not available, leaving the higher SDLT charge in place.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

The tribunal treated "suitable for use" under paragraph 7(2)(a) Schedule 6B FA 2003 as requiring physical attributes at the effective date sufficient to meet occupants' basic domestic and hygiene needs (toilet, sink, shower/bath) for occupants generally, and held that "in the process of being adapted" under paragraph 7(2)(b) requires an actual physical process of adaptation to be underway at the effective date; preparatory acts such as purchasing fixtures or engaging a builder after completion do not suffice.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The tribunal noted that derivations from other FTT decisions should be treated with caution because factual differences limit their utility, and emphasized that suitability is a multi-factorial, fact-specific assessment that may vary by property type and expected standards of privacy and self-sufficiency.