Ask the expert - Gibbins Richards - Fixtures and fittings
By BubblePR | Monday, October 07, 2013, 08:36
Mark Gibbins, Gibbins Richards
Gibbins, director of Gibbins Richards in Bridgwater (01278 444488), Taunton
(01823 332828) and Wellington (01823 663311), answers a common question...
exactly can and can't we take with us when we move home?
basic rule is that you're free to take anything that you didn't specifically
say would be staying. 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
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.
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.
remembering that the Fixtures and Fittings form also covers the garden so, if
you don't actually specify which plants and shrubs are staying, you are theoretically
entitled to take them all with you. However, I suspect most people would regard
this as rather extreme! If you want to dig up any specific plants and take them
to your new home then make sure that it is mentioned in the forms, your
solicitor is informed as soon as possible or you have the blessing of your