There is no legal definition of what constitutes fixtures and what constitutes fittings however, it is generally considered that ‘fixtures’ are secured to walls or the floor and ‘fittings’ are free standing items.
Generally, it is assumed that, unless otherwise specifically stated, fixtures will remain in the property and fittings will be taken by the seller.
However, usual practice is for an inventory to be drawn up by the seller, clearly stating what they intend to take with them and what they intend to leave at the property.
It is a good idea to agree the inventory clearly – including agreement on cost of any items being purchased by the buyer – well in advance of the completion date so that neither party is left in any doubt.
The bonus is on the seller to draw up the inventory.
If no inventory is in place and the seller takes one or more fixtures from the property, despite the presumption that they will be left, the buyer would be within their rights to take the seller to the small claims court to claim the cost of having to replace that particular fixture.
This is despite the fact that the seller is not legally required to leave anything in the property.
Although, at the outset, it may seem that the cost of replacing any fixture or fitting is very small compared to the amount you are about to pay for the property, the costs ass up and it is advisable, before making an offer on the property to find out exactly what is included in the price.
As long as the parties enter into open discussion and negotiations, and are clear about what is expected of one another, then any disappointment and additional financial layout can usually be avoided.
Here is a list of some common fixtures and fittings:
Fixtures
• Light fixtures
• Central heating systems (inc. radiators)
• Kitchen units
• Bathroom suites
• Built-in wardrobes
• Plugs and sockets
Fittings
• Paintings, pictures, and mirrors (hung on wall)
• Curtains and rails
• Free standing kitchen appliances (i.e. fridge)
• Other free standing furniture (i.e. soda)
• TV aerials & satellite dishes
• Carpets & lampshades
If you liked this article, you may also like: What should be in a Rental Inspection Checklist? https://www.realrenta.com.au/blog/post/125
Jason Gwerder
Monday, 18 February 2019
