How do you deal with fixtures and fittings when you move house?

If you are buying or selling a property, you need to be clear on how the fixtures and fittings are being handled.

As a seller, you will need to fill in a Fittings and Contents Form, known as Form TA10. This will guide you through many of the items in the property and give you the option of including them in the sale, taking them with you or offering them to the buyer for a price.

It is easy for misunderstandings to arise if fixtures and fittings are not dealt with carefully. A buyer may arrive to find items in situ that they expected to be removed or gaps where objects have been removed that they assumed would be staying, which has the potential to start a legal dispute.

What are fixtures and what are fittings?

Fixtures are usually thought of as something that is attached to the property. Examples include radiators, light fittings, sinks and kitchen islands.

Fittings may be attached with a screw or a nail but will be simple to remove. Examples include freestanding kitchen furniture, mirrors that are hung on the wall, lamps and curtains.

There can be some crossover, however, if a fitting such as a mirror is set into a wall or a kitchen unit is freestanding and removable.

Dealing with fixtures and fittings as a buyer

If you are buying a property, you should receive a copy of the Fittings and Contents Form early on in the conveyancing process. You should go through it carefully, visiting the property or checking photos of rooms where necessary to ensure that everything you are expecting to receive is included. If you have any uncertainty, let your solicitor know and they will be able to clarify the situation in writing with the seller’s solicitor.

If the situation is confusing, you can take photographs to clarify what exactly you are talking about to ensure there is no misunderstanding.

If there are items you would like to have, it is open to you to ask whether the seller is prepared to name a price for them. You can do this via the estate agent and notify your solicitor of any agreement so that they can ensure that it is included in the contract.

It is important to keep any negotiations friendly. Moving house can be a stressful time and sellers have been known to take offence if buyers don’t tread carefully when dealing with the price of their possessions.

How fixtures and fittings are dealt with on completion

The Fittings and Contents Form forms part of the Contract, and any additional items will also be included. You will be required to pay any agreed prices along with the balance of the purchase money on the day of completion.

As soon as you move in, you should check that everything you are expecting to receive is at the property. You can also expect the seller to have removed everything else. If they have left anything there, including junk or rubbish, you should not dispose of it yourself but speak to your solicitor.

You should take photos, and your solicitor will contact the seller’s solicitor and advise them that it must be removed.

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