Stamp Duties Consolidation Act 1999 section 52

Charging of duty on leases, etc

Section 52 limits the amount of duty chargeable on certain leases or agreements to lease.

• Stamp duty is not chargeable on penal rent or on consideration consisting of the surrender of an existing lease of the same property.
• Where a lease is chargeable with ad valorem duty and the lessee covenants to substantially improve the property, or enters into a covenant relating to the leased property, the further consideration is not subject to duty.
• Where an instrument increases the rent payable under a lease that has already been duly stamped, duty is charged on that instrument as a lease but only in respect of the additional rent.
• Where a leased property contains both residential and non-residential elements, the consideration must be apportioned on a just and reasonable basis between the two elements.