Fixtures and Fittings - What exactly can and can’t we take with us when we move?

It’s natural when viewing a home to picture it in the way the seller has it furnished and to assume the garden will look as it did when you visited, but this isn’t always the case on move-in day.  So what should you expect to be able to take with you when you sell your property and what should your buyers expect to find?

The basic rule is that you’re free to take anything that you didn’t specifically say would be staying.  And by ‘say’ we mean that you are free to take anything not included in the sales particulars or specifically excluded from the sales by your solicitor.

So our first top tip is to make sure your agent doesn’t include anything in the sales particulars that you plan to take with you – that way, your buyer/s won’t expect it to be there when they take ownership.

Secondly and more importantly, at the beginning of the conveyancing process, your solicitor will ask you to complete a ‘Fixtures and Fittings’ form, on which you are required to list the specific items which are to stay with the property. This document forms part of the legal contract between you and your buyer, so you can’t just change your mind on a whim - otherwise, you are technically breaching the terms of that contract.

Thirdly, make sure that if you have a verbal agreement with your vendor to leave any appliances or curtain rails, you make a note of it and both sign it (email is good) after all, a verbal agreement is not worth the paper it's written on!

Needless to say, if you do decide that you want to take the carpets and curtains after all – despite having originally promised to leave them behind – you must inform your solicitor at the earliest possible opportunity.

The one real exception to the basic rule involves the issue of safety. So, for example, while you are perfectly free to remove any light fittings which aren’t specifically listed, you are not entitled to leave bare wires hanging out of the ceiling or walls. Similarly, gas cookers can only be removed by a gas engineer who will make sure the pipes are sealed correctly.

As always communication is key, which is why we have Alex our Sales Progressor to help you through all these issues and ensure that you and your buyer remain on the same page.  For more information please call us for an informal chat, whether you are selling with us or someone else we are happy to help.