HMRC internal manual

Stamp Duty Land Tax Manual

SDLTM04090 - Scope: How much is chargeable: Non-cash consideration: Exclusions on the grant of a lease FA03/SCH17A/PARA10

You should check the other guidance available on GOV.UK from HMRC as Brexit updates to those pages are being prioritised before manuals.

Certain usual obligations and any payment made under those obligations for the grant of a lease are not chargeable consideration.

These are

  • any undertaking by the tenant to repair, maintain or insure the demised premises (in Scotland, the leased premises)
  • any undertaking by the tenant to pay any amount in respect of services, repairs, maintenance or insurance or the landlord’s costs of management
  • any other obligation undertaken by the tenant that is not such as to affect the rent that a tenant would be prepared to pay in the open market
  • any guarantee of the payment of rent or the performance of any other obligation of the tenant under the lease
  • any penal rent, or increased rent in the nature of a penal rent, payable in respect of the breach of any obligation of the tenant under the lease

Where a lease is transferred, either by landlord or tenant, the assumption or release of such an obligation is also not chargeable consideration.