Buy-to-Let Conveyancing Solicitors

Investing in buy-to-let property? Our specialist panel solicitors understand the additional legal and tax complexities of landlord property purchases.

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Expert Buy-to-Let Conveyancing

Buy-to-let property investment can generate excellent long-term returns, but purchasing a rental property involves additional legal considerations beyond a standard residential purchase. Legal Merchant's panel solicitors are experienced in buy-to-let conveyancing and can guide you through every aspect of your investment purchase.

Additional rate Stamp Duty: Buy-to-let purchasers and those who already own one or more properties pay an additional 3% SDLT surcharge on top of standard rates (5% for non-UK residents). Our solicitors ensure your SDLT is calculated correctly and any applicable reliefs are claimed.

How Is Buy-to-Let Conveyancing Different?

While the core conveyancing process is similar to a standard purchase, buy-to-let transactions involve additional considerations:

  • Buy-to-let mortgage requirements: BTL mortgages have different criteria than residential mortgages — lenders typically assess the property's rental yield and your existing portfolio. Our solicitors are familiar with the requirements of all major BTL lenders.
  • Tenancy agreements: If there is an existing tenant in the property, the incumbent tenancy agreement must be reviewed and the position at completion clarified.
  • HMO (Houses in Multiple Occupation): If you are purchasing a property to be let to multiple unrelated tenants (an HMO), additional licensing requirements apply. We advise on HMO compliance as part of the purchase process.
  • Company structure: Many landlords are now purchasing through a limited company to manage their tax position. Our solicitors advise on company structure purchases and the additional legal steps involved.
  • Planning and permitted use: We check that the property's planning consent permits the intended use.

Stamp Duty on Buy-to-Let Properties

Since April 2016, all purchases of additional residential properties — including buy-to-let investments and second homes — have attracted an additional 3% SDLT surcharge on top of the standard rates. This applies regardless of whether the additional property is purchased by an individual or a company.

Purchase PriceStandard RateBTL/Additional Rate
Up to £250,0000%3%
£250,001–£925,0005%8%
£925,001–£1,500,00010%13%
Over £1,500,00012%15%

Rates correct as at April 2025. Non-UK residents pay an additional 2% surcharge.

Landlord Compliance: What You Need to Know

Before renting out your property, you will need to comply with a range of legal obligations. Our solicitors can advise on these as part of the purchase process:

  • Gas safety certificates (annual)
  • Electrical Installation Condition Report (EICR)
  • Energy Performance Certificate (EPC) — minimum rating of E (or C by 2028)
  • Smoke and carbon monoxide alarm requirements
  • Right to Rent checks on tenants
  • Tenancy deposit protection scheme compliance
  • HMO licensing (if applicable)

Buy-to-Let FAQs

There are very few ways to avoid the additional rate SDLT surcharge on buy-to-let properties. If you are replacing your main residence, a refund may be available if your previous main residence is sold within three years. Purchases of six or more dwellings in a single transaction may qualify for the non-residential rates (which do not include the surcharge), though this is complex. Our solicitors advise on your SDLT position as part of every buy-to-let conveyancing instruction.
This is a question for a tax adviser rather than a solicitor, but in broad terms: purchasing through a limited company can allow rental income to be taxed at corporation tax rates (currently 25%) rather than income tax, and can improve the efficiency of passing property wealth to future generations. However, company purchases involve higher mortgage rates, additional stamp duty on some transactions, and more complex accounting. Our solicitors handle both individual and company buy-to-let purchases.
A sitting tenant is a person who is already living in the property at the time of purchase — typically because the seller was a landlord. Purchasing a property with a sitting tenant requires careful legal due diligence: your solicitor must review the tenancy agreement, check that it is properly documented, confirm the deposit has been protected, and advise on your rights and obligations as the incoming landlord.

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  • Free, no-obligation quote
  • Competitive fixed fees
  • Local, SRA-regulated solicitors
  • Response within 2 hours
  • No sale, no fee options available

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