The legal bit

What exactly are fixtures and fittings?
We are constantly being asked to clarify this topic.What should people take or leave behind, and what should they hope to find in their new property? This can cause some confusion and may even become quite contentious. There is not a definitive law to express exactly which items should be taken or left behind during the sale or purchase of a property.

There are always different expectations with regards to this issue. It is prudent to clarify exactly what will be included at the start of the sale proceedings. Legally speaking the seller is not obliged to leave any fixtures or fittings behind, but the onus is upon them to state exactly what they are prepared to leave.

A good way to avoid any misunderstandings is to create an inventory which is then attached to the sales contract. This lets all parties know in black and white exactly what the score is.

If this inventory is not formed, it can lead to assumptions and misunderstandings, if you have removed something that was thought to be remaining, you could actually find yourself in a small claims court!

What is a Fixture/Fitting?
A fixture is understood to be any item that is bolted to the floor or walls, a fitting is any item that is freestanding or hung by a hook or nail.

Below is a list of items that usually fall into these categories.

Fixtures
Light fitments
Central-heating boilers and radiators
Built in wardrobes/cupboards (e.g. if they use a wall to form one of their sides and would thus be incomplete if they were removed)
Bathroom suites (sinks/baths/toilets)
Plug sockets
Kitchen units
Wall paintings

Fittings
Paintings or mirrors that are not bolted but hung or screwed to a wall.
Carpets
Curtains and curtain rails
Free-standing ovens, refrigerators and washing machines
Beds/sofas and other free standing items of furniture
Lampshades
Television aerials and satellite dishes

How to Negotiate

Ascertain from the outset which items are fixtures and which are fittings, this will avoid confusion at a later date. State coolly and calmly which fixtures and fittings you would like to remain in the property, many a sale falls through due to a disagreement over the finer details. Having a friendly demeanour when discussing these matters will certainly make the opposite side more accommodating. Consider which fixtures and fittings you really want to take with you, it is quite pointless insisting on keeping the shower door if you are going to get rid of it as soon as you move house.

Don’t make unreasonable demands, it could strain the relationship that you have, and make any further negotiations difficult to say the least.

As soon as firm decisions have been made with regards to the fixtures and fittings, it should be logged down to avoid any confusion or contentions further down the line. The issue of fixtures and fittings is not a small one, these items can add up to thousands of pounds and may make a big difference to the monetary worth of a property.

To replace all fitted and freestanding furniture, central heating fixtures, telephones, curtains, curtain poles, satellite dishes, fireplaces and external dustbins would probably cost the buyer somewhere in the region of £15,000.

It is definitely worth taking the time to clarify these details. It will most certainly be well worth your while. It will avoid any unnecessary disagreements and possibly legal trouble further down the track, not to mention saving you money!