Knowing your fixtures from your fittings

Imagine receiving the keys to your new home, only to find that many of the items you saw on viewing had subsequently been stripped out. Most disagreements can centre simply on whether white goods, carpets and built-in furniture fall under the terms of a sale.

The Law Society Fitting and Contents Form TA10 can help with this and avoid wrangling over specific details later on.

The aim of this form is to make it crystal clear to the buyer which items are included in the sale. It must be completed accurately as it is legally binding for both the buyer and the seller. If the seller removes anything listed as included in the purchase price from the property on completion, they could find themselves liable.

The courts are frequently asked to clarify the difference between fixtures and fittings. As a general rule, the greater the degree of annexation or physical connection the more likely an object is to be a fixture; and the easier it is to remove, the more likely it is to be a fitting.

Fixtures are, as the name suggests, ‘fixed’ to the building or to the land. They can include integrated appliances, kitchen units and worktops, built-in wardrobes, radiators, toilets and central heating systems.

Fittings – or chattels, as they are referred to legally - are not attached to the property unless by a screw or a nail, such as carpets, pictures and mirrors. Freestanding goods like fridges, washing machines and furniture are all potential ‘fittings’, as are internet-connected or smart devices and appliances. They all may or may not be included as part of a property sale.

Items that should be generally left behind by a seller are ‘essential’ fixtures such as the doorbell, carpets, plug and light sockets, curtain poles and light fittings. A seller who wants to remove a light fitting must replace it with a ceiling rose, flex, bulb holder and bulb to make good, and must record this on the Property Information Form.

The TA10 form is a great tool for identifying what’s included in, and excluded from, the sale price, but as Julia Schofield concludes, “

To avoid nasty surprises Julia recommends that both parties be open and up-front about fixtures and fittings during the early stages of the transaction. The seller must be reasonable and transparent and the buyer should be open and frank about their expectations in order for any sale to go smoothly.

Please note this article is provided for general information purposes only to clients and friends of Hayward Moon Limited. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Hayward Moon Limited does not accept any liability for error or omission.