Miss Alexandra Bradley v Commissioners for Her Majesty's Revenue and Customs

Decision date: 14 January 2011

Neutral citation: [2011] UKFTT 49 (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 appeal concerned whether a flat transferred to Miss Bradley in 1998 qualified for principal private residence relief or as job‑related accommodation when sold in 2003. The Tribunal found she never habitually occupied the flat (being in full‑time education and letting the property) and there was no evidence the accommodation was provided by reason of employment. The appeal was dismissed and HMRC’s 2003/04 assessment confirmed.

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: high

The Tribunal held that mere ownership and an unfulfilled intention to live in a dwelling do not attract principal private residence relief; actual habitual occupation as the taxpayer’s only or main residence is required. Similarly, relief for job‑related accommodation requires evidence that the accommodation was provided by reason of employment and that the taxpayer actually resided in it.

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: high

The notes record no clear obiter dicta beyond the Tribunal’s explanatory statements of the statutory requirements for residence and for job‑related accommodation.