When Dawn and Rob Simons moved into their new home it was a dark and echoing place. Not only had the vendors taken up all the fitted carpets, but they had actually taken the light bulbs too.
The couple’s vendors had removed everything they could from the house to make up for reducing the sale price on their home.
And it’s a growing trend. In the last six months sellers have become less and less willing to leave anything behind.
According to research from online conveyancers Convex Conveyancing the number of vendors who were prepared to throw in fittings such as curtains and lights has shrivelled from 60 per cent down to a miserly 45 per cent.
Bargaining Brits
And not only is the spirit of generosity so very last year, but both sides are more actively bartering over the fixtures and fittings as a way of negotiating a final price.
Duncan Samuel, Managing Director of Convex Conveyancing, says: "We are finding that people will declare that they are taking everything possible and then try to squeeze more money out of the buyer by asking for extra to leave them."
Negotiations over fixtures and fittings are also likely to start when a problematic surveyor’s report comes back.
"Typically the purchaser wants a price reduction to make up for, for example, boiler repairs," says Duncan. "The vendor will often agree to leave a sofa behind instead of reducing the price."
Bartering may not come naturally to the British, but for cash-strapped first-time buyers, negotiating for the white goods and curtains will not only save money, but can make life more comfortable during the first few weeks in a new home.
Legally Yours?
While having no carpets was inconvenient for Dawn and Rob, their vendors had not broken their contract because they had informed their solicitors that carpets would not be included in the price.
But every day someone somewhere moves out and takes items with them without prior agreement, which can lead to court cases costing more to resolve than the value of the disputed items.
So, what exactly are you allowed to take, and how can we avoid messy misunderstandings over fixtures and fittings?
The first thing to remember is that as a buyer you shouldn’t rely on what you see when you look round a property, or on what is written in the estate agents' sales details.
Agents may wax lyrical about the country-style Aga, but if the owners state that they are taking it you may find yourself cooking on a Baby Belling.
Fixture or Fitting?
According to Duncan Samuel, in the absence of information from any other agreements, usually via a Fixtures, Fittings and Contents form, the law states that if something is fixed down, then it has to stay. If it can be picked up it can be taken.
So, explains Duncan, theoretically, if you turned a house upside down anything that falls out can be legally removed.
Briefly, fixtures are taken to be items that can’t be removed because doing so would cause damage to the property and they can include:
• Built in wardrobes
• Fitted carpets
• Bathroom suites
• Central heating systems
• Fireplaces
Whereas fittings, which can be removed, can include:
• Pictures and mirrors
• Rugs
• Curtains
• Plant pots and hanging baskets
• Lampshades
However, as long as it is made clear and agreed beforehand, a vendor can ignore this and take, or leave, whatever he wants.
In fact, he could legally dismantle the house brick by brick, dig up the lawn, flowerbeds and garden path, and leave you with a muddy plot, as long as you have signed and agreed to it.
But if he takes so much as a built-in spice rack without prior agreement he can be sued for the costs of replacing it.
Grey areas
As with most other aspects of moving house, the expectations of the vendor and purchaser can vary wildly, leading to misunderstandings and frustration.
Particularly problematic are the items that lurk in the grey areas, such as sheds.
Common sense might dictate that removing a garden shed is probably more hassle than it’s worth and most purchasers would probably expect it to stay.
However, the vast majority of sheds have no foundations, so they could be said to be fittings, not fixtures.
This might not be a deal breaker if it’s a £100 shed from the garden centre, but, according to Duncan Samuel, this principle was taken to an extreme during the sale of a farm when a valuable Dutch barn was legally removed by the vendor because it was resting on stone.
Perhaps more relevant to most of us, Duncan sees increasing numbers of disputes over built-in home entertainment systems with speakers around the house, that are whisked away on moving day.
And then there’s the problem of light fittings. Yes, they are fixed, but, if you make it clear on your fixtures and fittings contents form, you can take down your priceless chandelier as long as you put up some sort of fitting (with a bulb!) in its place.
Stuff left behind
There are stories of vendors who insist that the new purchaser agrees to take on their beloved chickens, ducks or donkeys, but more common is the situation where you find, on the day, that your new home is full of someone else’s old tat.
When Paula and Collin Flynn got the keys to their new house they found that the previous owners, who had emigrated a few weeks before, had left behind double beds, wardrobes, tables and a fridge full of mouldy food.
For a fee their removals men agreed to take the whole lot to the dump, but, says Duncan Samuel, legally speaking, their vendors had broken their contract by not giving the Flynns vacant possession and so were liable to reimburse the couple for their costs.
So how can we avoid fixture and fitting fiascos?
Vendors
1. Vendors, be as clear and precise as you can be on the fixtures and fittings contents form.
2. Only take away fittings, unless previously agreed.
3. Always take away your rubbish or you could find yourself with bills for its removal
Purchasers
1. When you are viewing a property ask the owners about specific items and pass the information on to your solicitor. It can be integrated into the forms so that it then forms part of the contract.
2. Don’t assume something mentioned on the estate agent’s details will be staying – if you’re unsure, ask your solicitor.
3. Read the fixtures, fittings and contents form carefully.
4. Try to remain on good terms with your vendor and you are less likely to find yourself moving into a house with no light bulbs!
Nikki Sheehan
