Fixture and fittings guidelines introduced

SOME years ago, when the landlord of the Gardeners Arms at Ashton under Lyne moved out after a dispute with his brewery, he dug up his prize bowling green and took it with him.

A bit extreme, perhaps, but it was only a few months ago that purchaser and vendor went to court to argue about the ownership of paving stones which disappeared when the seller moved out.

Not many cases get to court but the stress of moving house is enough to bear without the added disappointment of arriving to find the house which was so clean and well-equipped when you looked round has been left a filthy hovel stripped not only of its furniture but curtain rails and even light bulbs.

In general, it is a question of caveat emptor, a Latin term meaning "let the buyer beware".

The term implies that it is the customer's responsibility rather than the seller's to ensure that the goods or services offered for sale are able to deliver the desired satisfactions. If they are not, then it is tough luck.

But the Law Society has introduced the "national conveyancing protocol" in an attempt to make sure each side understands what its staying and what is moving out with the vendor.

It involves the conveyancer going through a checklist with the seller before contracts are exchanged, ticking off exactly what they are leaving.

Ben Crouch of the residential property department at Manchester solicitors George Davies said: "Generally, the law is that if you fix something to the property, it becomes part of it but if, for example, you hang a picture on the wall, this was not intended to become part of the fabric of the building.

"It is always better to agree exactly what is included in the purchase price before exchange of contracts."

But misunderstandings inevitably arise. "One of the most common mistakes is that people often think the cooker is part of the kitchen and they are surprised to find it gone.

"The advice to buyers is ask a lot of questions to avoid being confronted with some horrible surprises."

And the seller? "If you are going to leave great holes in the wall by taking something away, it is probably a fixture," he said.