Q: I have just recently moved into a house I recently purchased and was shocked to find that all the light fittings had been removed which consisted of decorative chrome fittings and chandeliers and were replaced with simple ceiling roses, flex and bulbs.

I assumed that such fittings were to remain in the house.

Am I correct?

Mr R, Minchinhampton.

A: The issue of fixtures and fittings can be very contentious, primarily because there is no law that specifies what should be left in the house and what should be removed.

Different buyers and sellers have different expectations and it is wise to clarify what will be included with the property in the early stages of the sale/purchase proceedings.

Legally the vendor is not obliged to leave any fixtures or fittings in the house, but the onus is on the vendor to clarify what will be taken with them.

Usually conflict is avoided by the creation of an inventory which is attached to the sale contract which is usually referred to as a fixtures and fittings form which forms part of the sellers questionnaire pack.

This is sent from the sellers solicitor to the buyers solicitor.

If a fixtures and fitting form is not formed, it is generally assumed that fixtures will be left but fittings will be removed, unless stated otherwise elsewhere.

This means that if a fixture is removed without the buyer being forewarned the seller could find themselves in the small claims court and maybe having to pay the cost of replacing the contended.

There are no set definitions for what constitutes a fixture or a fitting, but generally a fixture is understood to be any item that is bolted to the floor or walls, and a fitting to be any item that is free standing or hung by nail or hook.

Whilst a plug here or a towel rail there may not sound like it would make much difference to the value of a house, fixtures and fittings can add up to thousands of pounds and can make a big difference to the monetary worth of a property.

Typically, if the seller took all furniture (fitted and free-standing) central heating fixtures, curtains, carpets, telephone points, fireplaces and dustbins the buyer could have lost approximately £5,000 - £8,000, so it is well worth taking the time to clarify what will and won’t be left in the property before the sale goes through.

Going back to your specific question relating to the light fittings: I would suggest that you refer back to both the estate agent you bought the property through and the solicitor you used during the transaction.

If the light fittings were not mention on any sales particulars nor included on the fixtures and fittings list then it seems the seller was within their rights to remove the light fittings.

If the seller removes light fittings however, it is assumed that the seller will replace the fitting with a ceiling rose and socket, a flex, bulb holder and bulb.

If a seller removes any fixtures and fittings, the seller must make good any damage caused by their removal.

It seems in your case that the seller had done the correct thing.

Please continue to email your property related questions to clive@sawyersesatateagents.co.uk