I am in the process of buying a new house but I have some concerns about what will be included in the property. The seller is not being transparent about certain items. Can you clarify what fixtures and fittings are and if I have any legal rights to them?
According to Andrew Garvie, partner and head of real estate residential with JMW Solicitors, fixtures are typically items that are attached or fixed to the property. Fittings, on the other hand, are items that are not attached, except maybe by a nail or screw, and are usually freestanding or loosely fixed. Examples of fixtures include boilers, carpets, kitchen cupboards, built-in wardrobes, dishwashers, hobs, light fittings, radiators, and fireplaces. Fittings would include items like sofas, beds, bookcases, tables, chairs, and free-standing white goods like a microwave oven. Items like curtain rails and light fittings can often cause confusion.
It’s important for both parties involved to have clarity on what will be taken and what will be left at the property. Not only can this cause inconvenience, but it can also lead to misunderstandings and disputes. It’s always best to be certain about what you want to leave as a seller and what you are willing to leave for the buyer, if additional payment is agreed upon. Buyers don’t want to encounter difficulties when moving into their new home, especially if there are items left behind that they don’t have space for.
The decision of what fixtures and fittings to leave when selling a house is ultimately up to the parties involved. Generally, sellers will leave floor coverings like carpets, as well as kitchen and bathroom units. However, it’s important to remember that negotiations and individual circumstances can influence these decisions. If you, as a seller, receive the full asking price, you may be more inclined to leave more items for the buyer. On the other hand, if the buyer is paying below market price or has raised multiple issues, you may feel inclined to take everything with you. In any case, it’s advisable to consult with your estate agent or lawyer for guidance.
The TA10 form is a standard industry form used for conveyancing properties in England and Wales. It is completed by the seller and details the fixtures and fittings that will be left at the property, retained and removed by the seller, or offered for sale to the buyer. This form becomes part of the contract and any changes or negotiations can be made up until the exchange of contracts, but after that, all parties must agree to any alterations. Not complying with the agreed-upon items can result in financial claims.
Sometimes, sellers may leave their property in a messy condition with rubbish still on site. In such cases, the seller can be held responsible for the cost of removal, including professional assistance. It’s always advisable to clear the property and only leave behind what has been agreed upon. If you decide to take a light fitting, remember to leave the necessary components, such as the rose, flex, and bulb.
While there is generally goodwill between buyers and sellers, it’s important to protect yourself by carefully checking the inventory if you’re the seller, or making sure all the agreed-upon items are listed on the inventory if you’re the buyer. Stamp duty land tax usually doesn’t apply to payments made for fixtures and fittings separate from the purchase price. It can be helpful to assign a fair value to each item and include this information on the inventory attached to the contract for sale, in case it’s reviewed by HM Revenue & Customs.
Moving on to the topic of financial dispute resolution, it’s understandable that you don’t want to put your life on hold while waiting for a court date. A private FDR hearing could be a good option for reaching a financial settlement. Alistair Myles, founding partner of Ribet Myles family law firm, explains that FDR hearings can help overcome the significant delays in family courts.
Both parties involved will appoint a judge for the hearing, with guidance from their solicitors. The judge’s experience will be chosen based on the case’s complexity. During the hearing, the judge will provide an indication of the outcome if a final hearing were to occur in court. This indication is not binding but serves as a starting point for negotiations. The afternoon is usually spent negotiating to reach a settlement both parties are satisfied with. Many people appreciate the time and focus a full day with a judge provides, as well as the privacy compared to a court hearing.
Overall, an FDR hearing offers an opportunity to expedite the financial settlement process while ensuring a fair outcome. It’s important to carefully consider this option and work with your lawyer to determine if a private FDR is the right choice for your situation.
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