Island Life Magazine Ltd October/November 2015 | Page 147

LEGAL

Terence
Willey & Co
Terence Willey: 01983 875859
Mark Willey: 01983 611888
www.terencewilley.co.uk

The significance of

fixtures & fittings

I

have encountered on many occasions
in the past post completion arguments
over fixtures and fittings. Indeed they
can be very vitriolic and costly particularly
if such disputes lead to litigation. We all
value our homes and the fixtures and
fittings within them, but it is surprising
how many individuals pay little credence
to clearly identifying for the benefit
of their buyer as to precisely what is
expressly included in the sale price and
those which are to be removed. When
I first started practice in conveyancing
law in the early 60s, fixtures and fittings
almost paled into insignificance as far
as the overall transaction was concerned
and were purely represented in a precontract information sheet with a section
dealing with those items that were
specifically to be removed.
In dealing with items to be removed
from the property there was often a
requirement to explain fully to a buyer
what actions would be taken for reinstatement if it involved removing items
affixed to walls. In addition to this, the
whole definition as to what is a fixture

and fitting was often open to discussion.
Any item which is ‘affixed’ or attached by
‘fixture’ rather than free standing, or easily
removed, should be clearly identified to a
buyer and specifically stated as remaining
or excluded from the sale.
Often fixtures and fittings are
valued for the purposes of an express
apportionment of the purchase price.
Care should be taken in this area to
ensure that valuations for the purposes
of apportionments are justifiable as
H.M. Customs and Revenue can call
for production of the contract if they
consider an attempt has been made to
evade Stamp Duty, which is illegal.
Where justifiable valuations of fixtures
and fittings are so apportioned in contract,
careful consideration must be given
and separate advice undertaken as to
valuations before contemplating the
same. Many years ago I encountered a
case where my clients, who did not advise
me, decided to replace all their sanitary
wear, which was very special exclusive
painted porcelain, with basic standard
white fittings. The buyers had viewed

these special fittings prior to purchase and
had naturally assumed that they would
remain and it did not occur to them that
the sellers would make arrangements
to substitute these fittings. An action
followed after completion and the buyers
were successful in seeking compensation.
The moral here is therefore to ensure that
there is clear definition as to what fixtures
and fittings are expressly included or
excluded from the sale.
These days; the Fixture and Fittings List
forms part of the contract itself and was
brought about by a recommendation
from the Law Society to ensure that there
was not only absolute transparency, but
that there was a contractual right of
remedy in the event of variance. I have
always maintained a view that there must
be the fullest disclosure at the outset
when negotiating to purchase a property
and if this is not readily offered by the
seller you should ensure formal precontract enquires are raised, dealing with
your concerns in writing to protect your
future position.

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