Mark Smith (Barrister-At-Law)

Registered with
Wednesday 27th November 2013

Latest Comments

Total Number of Property118 Comments: 235

Mark Smith (Barrister-At-Law)

10:21 AM, 27th November 2020, About 8 months ago

Compliance Conundrum when tenant won't leave?

Surely this is an Assured Tenancy not AST?... Read More

Mark Smith (Barrister-At-Law)

8:05 AM, 23rd September 2020, About 10 months ago

Residential/offices or shop?

The water company may have RV for 1990 as this is still used to set water rates on non-metered buildings... Read More

Mark Smith (Barrister-At-Law)

9:54 AM, 19th June 2020, About A year ago

Deed of trust valid if stamp duty unpaid? Repercussions to trustee?

This is a complex matter and needs review based on the documents.

1. SDLT is payable by the buyer/acquirer of beneficial interest.
2. Failure to pay SDLT does not invalidate an acquisition of beneficial interest.
3. The tax position of each party cannot be established without a full review of the papers.... Read More

Mark Smith (Barrister-At-Law)

10:34 AM, 17th June 2020, About A year ago

Rent family home and move it into Ltd Company?

1. Tax. SDLT will be payable by the company on the market value of the property regardless of the actual consideration.
CGT would be payable, but you will most likely have the PPR relief available.
2. Mortgage lender will need to either give consent or rewrite the loan agreement.... Read More