What are chattels and fixtures?

Fixtures

Fixtures are typically considered to be attached to and an integral part of the property, and as such, their ownership is automatically included as part of the sale unless both parties agree otherwise. The property seller must disclose any fixtures they do not intend to be a part of the sale, either on the property listing or during negotiations.  

Several factors increase the likelihood of something being considered a fixture, one of which is attachment. Any item affixed to the property, psychically or through bolts, screws, cement, or other means, would be considered a fixture. Some examples of fixtures include light fittings, curtain rails, and built-in appliances. As a general rule of thumb, it is a fixture of the property if it doesn't move freely.

Chattels

Chattels, on the other hand, are considered moveable assets that are not permanently attached to the property. Some examples of chattels include furniture, refrigerators, washing machines, curtains, beds, and carpets. Chattels are not automatically included in property sales, and the seller would be expected to remove all items under this category before the property changes ownership unless both parties have agreed otherwise.

Although chattels are not included in the purchase price of a property transaction, sellers and buyers will often negotiate a price for items considered chattels to be left in the property. The seller must prepare a comprehensive list of all chattels they intend to leave behind, and both parties must agree on the chattels and a price for them before the transaction is completed.  

However, there are some items which may be more open to interpretation. Light bulbs are an example of one such item. Although a lightbulb would be affixed to a light fitting, they are not attached to the property. On the other hand, you would not be expected to list and agree to a price for every lightbulb left at a property. Disputes have even been caused due to sellers taking lightbulbs with them when selling the property due to the difference of opinion. Sellers have decided they are not obligated to leave them behind, and buyers have presumed they would be a part of the property transaction.  

The best way to avoid disputes is to make your conveyancer clear of your intentions. If you are selling a property, ensure that you have provided details of what exactly you intend to leave behind and what chattels are available should your buyers wish to purchase them. If you are buying a property, ensure you are aware of what is being left behind and make sure your conveyancer is aware if there are any chattels for sale that you may wish to purchase from the sellers. They will then be able to ensure all parties agree before moving day! (It may also be best to bring a torch to your new property, just in case!)

Conveyancing made easy

Moving home can throw up many challenges, which is why our conveyancing solicitors and licensed conveyancers are trained to deal with all aspects of property law, making the process run smoothly for our clients.

We are proud to be accredited under the Law Society's Conveyancing Quality Scheme (CQS), the recognised quality mark for legal experts in buying or selling property.

Everything we do is focused on the client, and we keep you informed throughout the process – from initial enquiry to completion. 

We have offices in Eastbourne, Brighton, Hastings, London, Uckfield, and Ulverston, serving clients nationwide.