Scope: When is stamp duty land tax chargeable: Contracts and substantial performance: Purchaser takes possession FA03/S44(5)(a): Example
Example 1 – Fitting out of property
If a person is allowed into possession for fitting out purposes this will often trigger the first payment of rent and this will represent substantial performance under FA03/S44(7)(a).
In other circumstances once the fitting out works are completed the person will continue to occupy or trade from those premises.
In this case, the act of the purchaser taking possession will amount to substantial performance under FA03/S44(5)(a).
Example 2 – Right to receive rents
The Standard Conditions of Sale (Third Edition), very commonly incorporated into contracts for sale of property, provide at condition 5.2.2(e) that a purchaser who is permitted to enter a property in the above circumstance is entitled to any rents and profits from any part of the property which he does not occupy.
This would amount to substantial performance by virtue of FA03/S44(6)(a).
Typically, Condition 5.2.2 (e) will be excluded from the contract if the parties do not intend the purchaser to receive any income in practice. This could be done either at the time of the contract or when the purchaser goes into possession of the property.