"Some items sit in a grey area, like curtain rails, blinds, or wall shelves. They’re attached to the property but usually only by a couple of screws, so they’re often treated as fittings"
- Louise Ainley - Access Law Online
The paperwork is signed, the moving date is set, and plans are in motion. But for some homebuyers, arrival day brings an unexpected surprise, the curtains, light fittings, or even the oven are missing.
This common scenario highlights the importance of understanding the difference between fixtures and fittings, a distinction that regularly leads to disputes between buyers and sellers.
Louise Ainley, a qualified solicitor at Access Law Online, which provides licensed conveyancer training, explains, “One of the most confusing parts of a house sale is figuring out what counts as a fixture and what’s considered a fitting."
"A simple way to think about it is to imagine tipping the house upside down, anything that falls out is usually a fitting,” she said. “That includes things like furniture, free-standing appliances, kitchenware, and wall hangings. Fixtures, on the other hand, are securely attached to the property like built-in kitchen units, fitted carpets, radiators, and bathroom suites.”
What stays and what goes
Ainley notes that differences between fixtures and fittings are most visible in the bathroom and kitchen. “Bathroom fixtures often include radiators, towel rails, basins, showers, bathtubs, and toilets,” she explained. “Fittings in the same space might include toilet seats, shower curtains, bathroom furniture, and wall-mounted accessories.
“In the kitchen, fixtures typically include sinks, boilers, integrated appliances, worktops, and units. Fittings could be free-standing furniture, small kitchenware, pictures, and hung mirrors.”
Disagreements can arise when sellers remove items that buyers assumed would remain. This is where the TA10 form comes in, a document that can prevent misunderstandings.
The role of the TA10 form
Ainley says disputes over these items are not unusual. “Disputes over fixtures and fittings are surprisingly common, and they often cost more to resolve than the item is even worth,” she noted. “That’s why the TA10 form is so important. It lays out exactly what the seller is leaving behind, from curtain rails and shelving to white goods and carpets.
“Once the form is completed and passed between solicitors, everyone knows where they stand and there’s far less risk of confusion later on.”
The TA10 prompts sellers to go through the home room by room, indicating what will remain. Ainley explains, “Sellers are encouraged to go through each room when filling in the TA10, deciding what stays and what goes. The form covers all the basics, light fittings, carpets, curtains, bathroom fixtures, and even kitchen furniture. This room-by-room approach means fewer surprises for the buyer and a smoother move for everyone.”
Items in the grey area
Not everything is clear-cut. Some features sit between categories. “Some items sit in a grey area, like curtain rails, blinds, or wall shelves. They’re attached to the property but usually only by a couple of screws, so they’re often treated as fittings,” Ainley explained.
Light fittings can also cause confusion. “Light fittings are a bit different. They’re generally classed as fixtures, even if the seller plans to take them,” she said. “In that case, they’re legally required to leave the fitting safe and replace it with a ceiling rose, a flex, a bulb holder, and a working bulb.”
A tool for negotiation
Clarifying what will remain in the property doesn’t just help avoid disputes, it can also speed up the sales process. “Fixtures and fittings aren’t just legal details, they can be part of the negotiation,” Ainley commented. “If a buyer is close to the asking price, the seller might agree to leave behind white goods or furniture to help seal the deal.
“Likewise, buyers can ask for specific items to be included if they’re willing to match the price. These kinds of negotiations can make a real difference in moving a sale forward.”
Whether it’s a shower rail or a dishwasher, being clear on what’s staying and what’s not can help buyers avoid surprises and ensure a smoother move.
