The Elitestone test — degree and object of annexation
- Degree of annexation: items resting by own weight (free-standing wardrobe, fridge) presumed fittings; items fixed by screws, bolts, or mortar presumed fixtures
- Object of annexation: attached for the item's own benefit (bookcase screwed to wall to prevent toppling) — remains a fitting; attached for the better enjoyment of the property (built-in wardrobes as permanent storage) — becomes a fixture
- Elitestone v Morris [1997] UKHL: item that cannot be removed without serious damage to itself or the property is very likely a fixture
- Fixtures (landlord's property): built-in kitchen units; fitted wardrobes installed by landlord; boiler and heating system; built-in oven; bathroom tiles; carpets on gripper rods; shed on concrete base; satellite dish bolted to wall
- Fittings (tenant's property): free-standing appliances; curtains and curtain rails; light fittings (where unscrewable without damage); free-standing wardrobes; flat-pack shed on ground; pot plants
Tenant's own fixtures — right to remove
- General rule: once a tenant installs a fixture it becomes the landlord's property — tenant cannot remove without consent
- Common law exceptions allowing tenant removal: trade fixtures (business use); ornamental and domestic fixtures (fireplace surround, fitted shelf system, bathroom cabinet); agricultural fixtures (AHA 1986)
- Make-good obligation: tenant must fill screw holes, replaster, repaint, or otherwise restore the surface on removal
- Tenancy agreement consent clause: most modern agreements require written landlord consent before alterations — breach allows landlord to require removal and making good
Landlords cannot demand removal after the tenancy ends
A landlord who wants the tenant to remove fixtures they installed (fitted wardrobes, decking, satellite dish) must say so before or at the end of the tenancy. The right to require removal lapses after the tenancy has ended.
Common end-of-tenancy disputes
- Light fittings: tenant can remove if unscrewed from ceiling rose without damage — must leave wiring safe. Landlord's fittings must be listed in the inventory
- Curtain rails and poles: borderline — screwed to wall (fixture presumption) but installed for tenant's curtains (fitting presumption). Most courts treat as fittings removable with reasonable care
- Fitted wardrobes installed by tenant: fixtures — landlord's property unless tenant removes at end of tenancy; landlord must request removal before tenancy ends
- Garden structures: shed on concrete base — fixture; flat-pack shed on ground — fitting. Decking on embedded timber joists — fixture. Tenant removing decking and damaging garden: liable for making good
- Satellite dishes: bolted to external wall — fixture. Where installed without consent and tenancy agreement prohibits alterations — landlord can require removal and making good
Landlord remedies for wrongful removal
- Deposit deduction: itemise replacement cost (adjusted for age and depreciation) and making-good costs — must be evidenced with inventory and photographs
- Money Claim Online (MCOL): small claims track for claims up to £10,000 — simplified procedure, no legal representation required
- Reinstatement not replacement at new price: ADR adjudicators apply depreciation — a 10-year-old kitchen is not replaced at new kitchen prices
- Inventory is the foundation: detailed pre-tenancy inventory with photographs, signed by tenant, and post-tenancy checkout report — essential for any fixture or fitting claim