Georgie Anstey, our London Advisor, spoke to The Times this week about fixtures and fittings – a part of the transaction process that receives less attention than it probably should. “As standard, if you turned the property upside down, anything that would not fall out is included.”
That observation offers a useful starting point for thinking about what a seller is and isn’t obliged to leave behind. It is a topic that comes up regularly in London transactions – and one where assumptions, if left unexamined, can create unnecessary complications.
This piece sets out the relevant distinctions, where disputes tend to arise, and what buyers and sellers can do to manage the process cleanly.
Fixtures and fittings: the basic distinction
Fixtures are items that are attached to the property and cannot be removed without causing damage. They are included in the sale as standard: boilers, radiators, integrated appliances (fridges, ovens, dishwashers), fitted wardrobes, sinks, burglar alarms, wood-burners, Agas, and solar panels. In gardens, established planted borders and trees in the ground count as fixtures; trees in pots do not.
Fittings – sometimes called chattels – are items that can be removed without significant damage. These are not automatically included: freestanding furniture, washing machines, non-integrated kitchen appliances, light shades, carpets, and curtains.
In practical terms: if it’s screwed down or built in, it stays. If it’s freestanding or can be unhooked, it’s a fitting and subject to negotiation.
Where disputes arise
The line between fixtures and fittings is clear in principle, but there is considerable grey area in practice. Curtains are a common example. Buyers often assume that curtains made to fit a specific window are included in the sale; sellers, having invested a significant sum in them, often see it differently. The general guidance is to value items over three years old at around 50 per cent of their original cost – but reaching agreement on that figure requires a conversation that is sometimes avoided for too long.
Light fittings present similar questions. A seller may remove a chandelier before completion and is required to replace it with a basic fitting – bare wires are not acceptable – but what buyers see during viewings can differ from what is there on completion day.
Garden features raise their own issues: statues, specimen trees in containers, and planted borders can each be interpreted differently by different parties. The principle remains the same: if it is not in the ground and not fixed to the structure, it is a fitting.
One further consideration: if an item is mentioned in the selling agent’s particulars and not expressly excluded, it is generally treated as included. Reading the sales details carefully – not just as marketing but as a reference point for what has been represented – is worthwhile.
What buyers should do
- Review the TA10 (fixtures and fittings) form early in the conveyancing process. By the time it is formally circulated, earlier verbal conversations have often been remembered differently by each side.
- Where possible, agree fixtures and fittings in writing within the memorandum of sale. This establishes a clear record before solicitors are fully engaged and before positions become harder to shift.
- Arrange a careful inspection of the property before completion and before funds are released. An experienced buying advisor should attend on your behalf to confirm that the property reflects what was agreed.
- If items are left behind that were not agreed, a buyer’s solicitor can arrange a retention on completion day – typically around £500 – to cover the cost of removal.
The stamp duty consideration
Where a buyer pays a documented, separately agreed sum for fittings – furniture, curtains, light fittings – that amount can be deducted from the property price for stamp duty land tax purposes. On higher-value transactions, this can represent a meaningful saving.
The figures must be credible and supportable. HMRC may request evidence of how valuations were reached, so it is important to approach this properly. Where genuine value exists and has been correctly assessed, the mechanism is legitimate and worth factoring in.
Our approach
At Middleton, we work with clients through the full transaction – not just at offer stage. That includes the detail of fixtures and fittings: understanding what has been agreed, identifying where ambiguity exists, and ensuring that the position is documented clearly before exchange.
These conversations are more productive when they happen early. The closer a transaction gets to completion, the harder it becomes to revisit them without creating friction.
If you are buying in London and would like to speak with Georgie Anstey about how we support clients through this process, please get in touch here.
Read the full article here.
