Shed or residence?

23 November 2010

Issue: 4282 / Categories: Forum & Feedback

A taxpayer has sold his home and converted an outbuilding into a new home, but his personal occupation is restricted to 27 days per year. Could this or a holiday home abroad be considered to be his only or main residence?

A number of years ago my client purchased a family home and an additional plot of land containing a potting shed adjacent to it. The two plots of land were under two separate title deeds at the land registry.

The additional plot of land was used as extended gardens for the family home and a swimming pool was built on it. The house and land were the main residence of my client and his family.

In the past three months as the children have all grown up my client sold the family home to one of the children for market value but kept the additional plot of land containing the potting shed and swimming pool.

He has converted the outbuilding into accommodation under a holiday letting planning application which made a condition that the accommodation could only be used as a private residence for 28 days or...

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