SDLT on BTL for First time buyer

Hello, My partner is in a process of buying a property. We are not married nor in civil partnership. She lives with me, for quite long time ago over 15 years. So she managed to save some money for a deposit and she want to buy her first ever property. She is planing this to be BTL property as she has where to live. That's for context. So: She is first time buyer, the property is with tenants in situ (BTL property) and is intended to continue to be like that and this would be her only property and the property is under 250K. The problem is that her solicitor is telling us she need to pay 3% SDLT on the property because it was BTL. Indeed she doesn't apply for the First Time Buyer Relief as from the conditions the house wouldn't be her main residence, but from the other side since this would be the only property on her name after the exchanging the contracts - he shouldn't pay anything. We used the the GOV SDLT calculator which shows she shouldn't pay anything and from the GOV SDLT main page we concluded the same by: "You pay stamp duty at these rates if, after buying the property, it is the only residential property you own. You usually pay 3% on top of these rates if you own another residential property." The solicitors are adamant that she should pay 3%. How to convince them that they are wrong? Many thanks

Hi,

Please contact the Stamp Duty Land Tax team for advice.

Stamp Duty Land Tax

Thank you

Thank you