What Landlords Must Know After Angela Rayner’s Stamp Duty Case Clears HMRC Hurdle

Why Angela Rayner’s Stamp Duty Case Matters to Landlords

Angela Rayner, ex-housing secretary, was recently cleared by HMRC of deliberate tax wrongdoing after repaying £40,000 in underpaid stamp duty related to a second property. HMRC found no evidence of avoidance and imposed no penalty. This case underscores the complexities of stamp duty liability, particularly where second homes or trusts are involved — scenarios common among private landlords.

For landlords, this serves as a cautionary tale: even inadvertent underpayments can attract scrutiny, and the involvement of trusts adds layers of complexity to ownership and tax liability.

Stamp Duty and Trusts: A Compliance Challenge

Stamp Duty Land Tax (SDLT) rules differentiate between types of property ownership. Properties held in trusts may have different tax treatment, and the responsibility to pay the correct amount rests with the purchaser or beneficial owner. Errors often arise because trust structures obscure who ultimately bears the tax liability.

Landlords with properties held in trusts, or those purchasing additional homes, must ensure that SDLT calculations correctly reflect ownership and applicable rates — which can be higher for second homes.

Upcoming Changes: Conveyancers as Tax Advisers from June 2026

From June 2026, conveyancers in England and Wales will be required to register as tax advisers. This regulatory shift means conveyancers will have formal responsibilities to provide accurate tax advice during property transactions, including SDLT matters.

For landlords, this change offers an opportunity to lean on conveyancers more confidently for tax-related guidance — but also means landlords should be proactive in ensuring their conveyancers are compliant and up to speed on tax advisory duties.

Practical Steps for Landlords Right Now

• Review SDLT Payment Procedures: Audit your past and current property transactions to confirm SDLT was correctly calculated and paid, especially for second homes and properties held in trusts. If you identify discrepancies, seek professional advice promptly.

• Clarify Ownership Structures: Maintain clear documentation on property ownership, particularly if trusts are involved. This will simplify SDLT compliance and reduce risk of underpayment.

• Prepare for Conveyancing Changes: Engage with your conveyancers about their preparation for their new tax adviser role. Confirm they understand SDLT complexities relevant to your portfolio.

• Seek Professional Tax Advice: For complex ownership or multiple property scenarios, consult a tax specialist to ensure compliance and optimise tax positions.

• Monitor HMRC Updates: Stamp duty rules evolve; subscribe to HMRC bulletins or consult professional updates regularly.

Tailoring Advice for Different Landlord Profiles

• Single-Unit Landlords: Typically simpler SDLT issues, but remain vigilant if purchasing additional properties or transferring ownership into a trust.

• HMO and Portfolio Landlords: Complex ownership and multiple properties increase the risk of SDLT miscalculations. Regular audits and professional advice are essential.

• Accidental Landlords: May be less familiar with SDLT nuances; prioritise education and professional guidance to avoid pitfalls.

How Rentals & Sales Can Support Your Compliance and Strategy

Our specialist team offers tailored portfolio reviews and compliance audits focusing on SDLT and broader tax obligations. We help landlords streamline property ownership documentation, liaise with tax professionals, and optimise pricing strategies considering tax liabilities.

Contact us to schedule a compliance health check or discuss how upcoming conveyancing tax adviser regulations may affect your property transactions.

Disclaimer: This article provides general information and does not constitute tax advice. Landlords should consult qualified tax professionals for advice tailored to their specific circumstances.