Most sale agreements have a clause to the effect that the fixtures and fittings in the house must remain. The problem then arises as to exactly what is included under the “fixtures and fittings”. Does this include curtain rails? A Chandelier [which so impressed the Purchasers]? The swimming pool automatic cleaner? [Won’t mention the trade name or else I get into trouble.] And a wendy house? Usually only after registration of transfer and once the Purchasers have moved in, that the latter realize that items are missing.

The common law cases on the issue say that anything that was affixed to the property with the intention of being a permanent affixture, is a fixture and becomes part of the property.

But my guess is that it is best to define exactly what is meant by fixtures and fittings in the sale agreement, i.e. to describe these in fine detail so that there can be no room for dispute later on. With the onset of the Consumer Protection Act, this aspect takes on even greater significance.

Regards
Sieg

[I am now blogging this diary: see http://aconveyancersdiary.blogspot.com/ ]