Fittings going, going ... gone

LONDON - House sellers are stretching to the limit the definition of fixtures and fittings, a survey has found, with many taking items such as garden plants and rubbish bins with them when they move.

The Halifax Estate Agency survey has found that anything not nailed down or buried is seemingly fair game.

Although anything which is fixed or attached is normally considered an integral part of the house, the issue of what constitutes a part of the property for sale is not always clear.

It is standard procedure for the buyer's conveyancer to ask the sellers to complete a fixtures, fittings and contents form to outline exactly what will and will not be left.

The problems arise when the buyers assume that certain items will be included in the sale when, in reality, they are taken away because they have not been listed.

One of the areas most often overlooked by buyers is the garden.

The Halifax survey found that 26 per cent of respondents admitted digging up their favourite plants, often leaving unsightly gaps in the garden.

Light fittings, toilet-roll holders and towel rails were other popular items for removal.

Some sellers even took their wheelie bins, leaving the new occupants with no rubbish bin.

House number and name plates have also been known to go as souvenirs with the former owners.

The advice from estate agents and conveyancers is to assume nothing in terms of property left and specify as much as possible.

Halifax Estate Agency managing director Colin Kemp said: "It would be nice to think that everybody would leave their old homes as they would wish to find their new ones but, unfortunately, this is not always the case - despite the fact that people are only saving themselves a relatively small sum by taking items like light bulbs and house number plaques."

Pierre Krycler, conveyancer with Middlesex-based solicitors McCartneys, said it was a case of "buyer beware". "We have seen cases over the years of sellers taking floorboards with them, so the bottom line is, don't assume anything and make sure any negotiation on fixtures is done before exchange. After that point, there is no bargaining position."

Krycler said the standard fixtures and fitting form that had to be sent out to sellers by law was a fairly vague box-ticking sheet that left plenty of grey areas.

"We, like a lot of other conveyancers, have put together a more comprehensive form to send to clients who are selling and include items such as door bells, security lights, letter boxes, garden pots and tubs, shrubs and various other items."

Krycler said he encouraged buyers to go through the house room by room and ensure that all the items on the fixtures and fittings list were covered and that anything outstanding was then subject to negotiation.

"If something is assumed to be included as a fitting but is not specified and is subsequently taken, you may find yourself in the small claims court."

(RE)MOVING

26 per cent dig up their favourite plants.
12 per cent take the light fittings.
8 per cent take the light bulbs.
Other popular items include toilet-roll holders and towel rails.

- REUTERS