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Fixtures & Fittings

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Birchy | 08:21 Wed 10th Sep 2003 | Home & Garden
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Is there a definitive list of what constitutes fixtures and fittings in a home that one is selling or buying? Or is it down to what has been formally agreed by the two parties involved?
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Your second question is what happens and when you put the matter in a solicitors hands it's part of his job to draw up a legal document that consitutes what will and won't be left as part of the house in the sale...The first time you go through this procedure and the lawyer asks you if your leaving the hot water cyclinder or the radiators it may seem a bit stupid but there are tales of people who have even gone as far as lifting the floorboards so they do like to dot the "i's" and cross the "t's" when it comes to this.
In English law fixtures are regarded as part of the land or building to which they are attached, and are therefore classified as real property. Fittings are not regarded as attached to land or buildings and so are moveable. The distinction comes into play when premises are bought, since a buyer can expect, if there are not special arrangements, to get fixtures as well as land and buildings. To give a silly example, it is expected that sellers will leave behind light fittings, doors and cookers (but not fridges and washing machines, though these can of course be negotiated into the price). If a seller wants to take fittings like these, they should advise the buyer of this at the time of negotiation to avoid problems later down the line. All sellers of residential properties have to complete a Sellers Property Information Form and a Fixtures, Fittings and Content form. The latter details everything that is being left with the property or taken and is provided to the buyer, who should query any discrepancies with their solicitor asap. Have a look at such a form at sykesanderson.com, or type fixtures and fittings and contents form into google and a few show up.
I know this may sound silly but I can remember when we bought our last house, the previous owners took the lightbulbs which I thought was a bit petty. When we sold that one we made sure the lightbulbs remained. (We also left the toilet roll, as hunting around for that on the day of the move just adds to all the hassle you already have on such a busy day!)
I think Miss Zippy may be incorrect with cookers which I believe are fittings rather than fixtures.
Hhhmm folks again the disparity in our regional laws springs up again....I have bought and sold a few houses in my time and have never even considered leaving the cooker and light fittings except for a standard plastic switches & ceiling rose I would remove as well.....as coggles points out if it's removable then some people will take it with them....the best bet in any eventuality is to make a VERY comprehensive list with the solicitor.

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