Will the seller leave all the fixtures and fittings in my new house?

I’m buying a new house and I’m unclear about what will be left in the property. What are my rights? The seller is being quite evasive about some items. What are fixtures and fittings? Do I have legal rights to any or all of them? 

Andrew Garvie, partner and head of real estate residential with JMW Solicitors, says that when buying a house in the UK, fixtures are typically items which are attached, or “fixed”, to the property, while fittings are items which aren’t, other than by a nail or a screw and tend to be freestanding or loosely fixed items at the property.

Fixtures would be classified as items such as boilers, carpets, kitchen cupboards, built-in wardrobes, dishwashers and hobs built into a kitchen, light fittings, radiators and fireplaces. Fittings are items such as sofas, beds, bookcases, tables and chairs, white goods that are free standing, such as a microwave oven. There are often things that cause confusion, obvious ones being curtain rails and light fittings.

It can be important for the parties concerned to have clarity on what is being taken and what is being left at the property. Not only can it cause inconvenience but it may also lead to upset if any misunderstandings arise, so it is always best to be certain, if you are the seller, about what you want to leave and what you are prepared to leave for your buyer if they are willing to pay an additional cost on which both parties have agreed.

It’s not just a question of leaving fixtures or fittings. A buyer may ask a seller to ensure they have removed a bulky item such as an old wardrobe or a bed, because otherwise this places an additional burden on the buyer and one to which they have not agreed.

Few buyers are happy to move into their new home only to find various items that prove challenging to remove from the property. It’s even more inconvenient if those items left at the property cause the buyer a problem should they discover they do not have the room to move in their own furniture.

As to what fixtures and fittings the vendor leaves when selling a house, this is entirely up to the parties concerned. Generally, most sellers will leave, for example, floor coverings such as carpets, and they’ll leave the kitchen and the bathroom units, but it is important to remember that all of this is very much down to the parties and what they negotiate between them.

Different situations will influence behaviours. If you as a seller receive the full asking price, you’re probably more inclined to leave the buyer more items. A buyer who has raised multiple issues and is paying below market price may make you (the seller) want to take everything with you, but if in doubt speak to your estate agent or lawyer. If you are unsure as to what you agreed to leave, ask your lawyer for a copy of the fixtures form (very probably the TA10 form) you completed.

The TA10 form is an industry standard form for conveyancing of properties in England and Wales, completed by the seller, which sets out fixtures or fittings that are to be either left at the property on completion, retained and thus removed from the property by the seller, or those the seller may be willing to sell to the buyer and so will indicate a cost (and possibly helpful comments) for the item or items on the TA10 form.

The fixtures list, once completed, will form part of your contract and will be attached to the sale contract for the property. Up until you exchange contracts, you can still negotiate or agree to change items: once you have exchanged, however, you are tied into leaving or taking the items you have agreed upon.

If you alter anything after the exchange of contracts, you will need the consent of all parties concerned. Straying from what you agreed will leave you open to a financial claim from the buyer. Not removing an item you agreed to take with you can leave you open to a claim for the cost of removal. 

At times we do encounter situations where the seller has left their property in an untidy condition with rubbish left in situ. In such cases, the seller is leaving themselves open to a claim from the buyer for the cost of removal which might include getting professional help to empty the property.

It’s always advisable to clear the property and leave only those items you have agreed will remain with the property.

I’d also remind people that if taking a light fitting you would need to ensure that the rose, the flex and the bulb are left in place.

There is generally goodwill among buyers and sellers, and this does help a lot during the process. Do, however, protect yourself by checking over your inventory if selling, or if buying checking that the items you have agreed will be left are all itemised on that inventory. And if an item is not listed, do raise it with your lawyer or agent. 

Generally, stamp duty land tax — the property transaction tax in England and Northern Ireland — will not apply to any payments made for fixtures and fittings that stand outside the purchase price. These payments could be substantial where, for example, a large number of items are to be paid for.

In all cases it is usually advisable to attribute a fair value to each item so if this is looked at by HM Revenue & Customs you can show how the payment has been calculated. These itemised values can be stated on the inventory attached to the contract for sale.

How does a financial dispute resolution work?

My husband and I have decided to separate. My husband’s lawyer has suggested paying for a private financial dispute resolution hearing instead of waiting for a court date, which could take up to a year. I don’t want to put my life on hold while we wait for a hearing but I’m worried that doing it outside the courts could affect my financial settlement. How does a private FDR work and should I be considering it?

Alistair Myles, founding partner of family law firm Ribet Myles, says, first, I’m very sorry to hear that you and your husband have decided to separate. It can be an incredibly stressful time and it’s important that you take good care over any decisions like this. Reaching financial settlement and splitting assets is typically one of the most challenging aspects of the process, along with working out arrangements for any children a couple might have together. 

You say you’re keen to move on with your life instead of waiting on a date. I can understand your desire to draw a line under it. An FDR hearing — which happens across the UK — could be a positive way to reach a financial settlement. There are indeed significant delays within the family courts.

Both parties will first appoint a “judge” for the hearing. Your solicitors will offer guidance in selecting someone who will have the right experience for your case. These tend to be junior barristers or KCs, although complex cases may require a more senior KC or perhaps a retired judge. This is very much a shared decision, which I hope will help ease your concerns about your ex-partner gaining an advantage in some way.

On the day, having heard from both sides, the judge provides an indication of the outcome should a final hearing take place in court. It’s not binding, but provides a starting point for negotiations.

The afternoon will usually be spent negotiating with the aim of reaching a settlement that you are both content with. Along with the benefit of having a judge focused on your case for the entire day, and with the luxury of time to prepare fully in advance, lots of people appreciate the judge being able to understand the case in more detail compared with a court FDR, as well as the privacy it offers. 

Every set of financial proceedings must have an FDR hearing, whether managed privately or within the court system, so I expect we will continue to see the numbers choosing private FDRs rise. 

Whatever option you choose, be reassured that your solicitor should be able to guide you through the process, helping to make the experience as calm and straightforward as possible while seeking the most advantageous financial settlement for you. 

The opinions in this column are intended for general information purposes only and should not be used as a substitute for professional advice. The Financial Times Ltd and the authors are not responsible for any direct or indirect result arising from any reliance placed on replies, including any loss, and exclude liability to the full extent.

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