The TA10 Fixtures and Fittings Form, What You Must Leave and What You Can Take

What is the TA10 Form?

The TA10 Fixtures and Fittings Form is a standard Law Society document completed by the seller during conveyancing. It lists items in the property category by category and the seller indicates, for each, whether it is included in the sale, excluded from the sale, or available for sale at an agreed price.

The TA10 is legally binding. Once the contract is exchanged, the items marked as included must remain at the property. Items marked as excluded should be removed. Any item left or removed in contravention of the TA10 creates a legal dispute.

The Legal Distinction: Fixture vs Fitting

Before completing the TA10, it helps to understand the underlying legal distinction between fixtures and fittings:

• A **fixture** is an item that has been physically attached to the land or building in a permanent way, such that removing it would cause damage. Fixtures are legally considered part of the land and pass to the buyer on sale unless expressly excluded.
• A **fitting** (or chattel) is a freestanding or removable item that is not structurally attached. Fittings belong to the seller and may be removed unless expressly included in the sale.

The difficulty is that the distinction is not always obvious and courts apply a test based on the **degree of annexation** (how firmly is it attached?) and the **purpose of annexation** (was it attached to improve the property or merely to use the item?).

**Common examples:**

The TA10 overrides these default rules. You can exclude a fixture (as long as it is clearly stated) or include a fitting. The form is the definitive agreement between the parties.

How the TA10 is Organised

The form covers the property room by room and area by area. For each item it asks: **included, excluded, or not at the property.** Major categories include:

Basic Fittings

Includes fitted light switches, plug sockets, central heating controls, thermostats, and door furniture (handles, locks, letter boxes). These are almost always included, removing plug sockets would be unusual and potentially unsafe.

Kitchen

The kitchen is the most frequently disputed room. The TA10 asks separately about:

• Kitchen units (base and wall, almost always included)
• Worktops
• Integrated fridge, freezer, fridge-freezer
• Integrated dishwasher
• Integrated washing machine
• Integrated tumble dryer
• Oven (built-in vs freestanding)
• Hob (built-in vs freestanding)
• Extractor hood

For each appliance, the seller indicates whether it is included in the sale price, excluded, or available to purchase separately at an agreed price. If you have paid £800 for an integrated washing machine that you want to take to your new property, you must mark it as excluded, but note this may prompt a price negotiation with the buyer.

Bathrooms

Covers bathroom suites, showers (including shower enclosures and doors), mirrors, bathroom cabinets, and towel rails (heated towel rails wired to the heating system are fixtures).

Carpets and Flooring

Carpets are usually included; hard flooring (unless removable click-lock) is usually a fixture. Sellers who wish to take carpets to their new home must mark them as excluded. Buyers who viewed a property with a specific carpet and find a bare floor on completion day have a legitimate grievance.

Curtains, Blinds, and Poles

One of the most common completion day surprises. Standard convention:

• Curtain poles: included (they are fixtures)
• Curtains: seller's choice (they are fittings)
• Roller or Venetian blinds fitted to windows: usually included
• Free-hanging blinds: seller's choice

If you have expensive bespoke curtains you want to take, mark them as excluded and tell your estate agent when viewings occur, so the buyer's expectations are set correctly.

Garden and Outbuildings

Covers the garden shed, greenhouse, garden ornaments, plants, and outbuildings. Garden sheds on concrete bases are arguably fixtures; sheds on loose slabs or legs are fittings. The TA10 asks you to specify. Permanently installed garden furniture (e.g. a bolted pergola) is usually a fixture.

**Plants:** Permanently planted trees and shrubs are fixtures. Potted plants are fittings and the seller may remove them. If you wish to take plants from beds, mark them as excluded, though this is unusual and may generate comment from the buyer.

Television Aerials and Satellite Equipment

Roof or loft aerials attached to the structure are fixtures. Satellite dishes fixed to an external wall are fixtures. Sky dishes and associated wiring are usually included in the sale unless specifically excluded.

Common Disputes

The most frequent TA10-related disputes at completion are:

1. **Seller removes an integrated kitchen appliance marked as included**

2. **Seller removes curtains on poles when poles were marked as included**

3. **Garden shed removed after being indicated as included**

4. **Light fittings replaced with bare bulb holders at the last minute**

5. **Carpets removed after being marked as included**

These seem trivial but at completion day, when vans are booked and chains are completing simultaneously, they can cause significant distress and delay. The buyer's solicitor has the right to refuse to complete if the property is not in the agreed condition.

Resolving Disputes

If a dispute arises on completion day:

1. The buyer's solicitor contacts the seller's solicitor immediately

2. Both parties attempt to agree a retention sum (an amount held back from completion funds) to cover the cost of replacing the missing item

3. If no agreement is reached, completion may be delayed, though this is rare and expensive for everyone

The value of most disputed items is relatively small (a carpet, a light fitting), but the cost of delaying a completion can be enormous, removal vans sitting idle, storage costs, hotel bills, and disruption to the chain.

**Prevention is far better than cure.** Complete the TA10 carefully, communicate clearly with your estate agent about what is included during viewings, and if in doubt, err towards inclusion.

Property Passport UK helps sellers keep their property documentation in one place, including the TA10 and TA6 forms once completed, making it easier to ensure accuracy and avoid last-minute discrepancies.