Fixtures and Fittings UK 2026 — What Landlords Own and What Tenants Can Remove

The Elitestone test — degree and object of annexation

The two-part test for determining whether an item is a fixture or fitting:

• Degree of annexation: This considers how firmly the item is attached to the property. Items that rest on the land or building by their own weight alone (a free-standing wardrobe, a fridge, a sofa) are presumed to be fittings — they are chattels in their own right and can be removed. Items that are fixed to the structure by screws, bolts, mortar, or other fixing methods are presumed to be fixtures — they have become part of the property. However, this presumption is rebuttable by the second limb of the test
• Object of annexation: This considers the purpose for which the item was attached. If the item was attached for its own better enjoyment (for example, a tenant screws a heavy bookcase to the wall simply to stop it falling over), it retains its character as a chattel (fitting) despite being attached to the structure. If the item was attached for the better enjoyment of the land or building (for example, a landlord installs fitted wardrobes to provide built-in storage that enhances the room), it becomes part of the property (fixture). The question is whether the item was intended to be a permanent improvement to the property or a temporary attachment
• The Elitestone ruling: In Elitestone v Morris [1997], the House of Lords held that a wooden bungalow resting on concrete pillars (attached to the land) was a fixture — it could not be removed without demolition and had lost its character as a chattel. The principle: if the item cannot be removed without serious damage to itself or the property, it is very likely a fixture regardless of how it was attached
• Practical examples — fixtures: Items generally treated as fixtures include: built-in kitchen units and worktops (bolted to walls and floor, designed for the room); fitted wardrobes installed by the landlord as part of the property fit-out; a boiler and central heating system; a built-in oven; bathroom tiles; fitted carpets fixed with gripper rods; a garden shed mounted on a concrete base; and a satellite dish mounted to the external wall. These items belong to the landlord
• Practical examples — fittings: Items generally treated as fittings include: free-standing fridges, washing machines, and dishwashers; curtains and curtain rails (unless built into the window frame); light fittings (where they can be unscrewed and the wiring is left intact); free-standing wardrobes and shelving units; a garden shed resting on the ground without a fixed base; pot plants; and blinds on a tension rail. A free-standing item that can be removed without damage is very likely to be a fitting

Tenant's own fixtures — the right to remove

A tenant who installs their own fixtures during a tenancy has specific rights and obligations regarding their removal:

• Tenant's fixtures — the general rule: Under the general law, once a tenant installs a fixture (an item that satisfies the Elitestone test for attachment to the property), it becomes part of the landlord's property and the tenant cannot remove it at the end of the tenancy without the landlord's consent. This is the starting point — and it is unfavourable to tenants who have improved the property
• The tenant's right to remove at common law: However, there are three categories of tenant's fixtures that the common law allows tenants to remove during or at the end of a tenancy: trade fixtures (items installed for business purposes — fixed shelving in a shop, etc.); ornamental and domestic fixtures (items fixed for the better enjoyment of the tenant's occupation, such as a fireplace surround, a fitted shelf system, or a bathroom cabinet); and agricultural fixtures (specific rules apply under the Agricultural Holdings Act 1986). The tenant must remove the items before or at the end of the tenancy
• Statutory right to remove — Housing Act 1988: There is no specific statutory right for residential tenants to remove items installed during the tenancy beyond the common law rules above. A residential tenant who installs a fitted wardrobe or kitchen unit is in the same position as at common law — the item becomes a fixture belonging to the landlord (unless removed before the tenancy ends, leaving the property in good repair)
• The make-good obligation: Where a tenant removes their own fixtures at the end of a tenancy, they must make good any damage caused by the removal — filling screw holes, replastering if necessary, repainting if required. A tenant who removes a fixture and leaves damaged walls, missing tiling, or exposed wiring is liable to the landlord for the cost of making good. The landlord can deduct reasonable making-good costs from the deposit (subject to fair wear and tear)
• Landlord's consent and the tenancy agreement: Many modern tenancy agreements include provisions on tenant alterations — typically requiring the landlord's written consent before any alterations (including the installation of fixtures). Where the tenant installs a fixture without consent, they may be in breach of the tenancy agreement. At the end of the tenancy, the landlord can require the tenant to remove any unauthorised fixtures and make good, or can elect to keep them. A clear tenancy agreement clause on alterations and fixtures significantly reduces end-of-tenancy disputes

Common end-of-tenancy fixture and fitting disputes

The most frequently disputed items and how the law treats them:

• Light fittings: The position on light fittings is commonly misunderstood. A standard light fitting connected to the existing wiring circuit and screwed to a ceiling rose is a fitting — it can be removed by the tenant. However, the tenant must leave the wiring safe (with a suitable ceiling rose or cap) and must not damage the ceiling or wiring. A landlord who wishes to keep a specific light fitting should record it in the inventory and the tenancy agreement as a landlord's fixture
• Curtain rails and poles: Curtain rails and poles screwed to the wall are borderline — they are attached to the structure (degree of annexation test: fixture presumption) but were installed for the tenant's enjoyment of the curtains rather than the better enjoyment of the property (object of annexation test: fitting presumption). In practice, most courts treat curtain rails as fittings that a tenant can remove with reasonable care. A landlord's curtain rails listed in the inventory should be noted as landlord's property
• Fitted wardrobes installed by the tenant: Where a tenant installs fitted wardrobes (built-in, attached to walls and floor) during the tenancy, these are fixtures — they become the landlord's property unless the tenant removes them at the end of the tenancy and makes good. Many tenants do not remove them (the landlord benefits from the improvement). A landlord who wants the tenant to remove them must say so before the end of the tenancy — the landlord cannot demand removal after the tenancy has ended
• Garden structures — sheds, decking, raised beds: A garden shed on a concrete base is likely a fixture (the base is integral to the structure). A flat-pack shed resting on the ground may be a fitting. Decking screwed to timber joists embedded in the ground is a fixture. A tenant who installs a decking area and removes it at the end, damaging the garden, is liable for making good. A clear photographic inventory of the garden condition at commencement and end of tenancy is the best evidence in a dispute
• Satellite dishes and aerials: A satellite dish bolted to an external wall is a fixture — installed in a fixed position for the better enjoyment of the property's communications infrastructure. However, where the landlord did not install it and the tenant installed it without consent, the position depends on the tenancy agreement. An agreement prohibiting alterations without consent may entitle the landlord to require removal and making good

Landlord remedies — when tenants remove items they should not

Where a tenant wrongfully removes a fixture, the landlord has several routes to remedy:

• Deposit deduction: Where a tenant has removed a fixture belonging to the landlord, the landlord can make a deposit deduction for: the cost of replacing the item, the cost of making good any damage caused by removal, and the cost of any repairs required. The deposit deduction must be itemised and evidenced — the landlord must demonstrate the item was present at the start of the tenancy (inventory), that it is missing at the end, and the reasonable cost of replacement. ADR adjudicators review these claims — photographic evidence is critical
• Small claims court (MCOL): Where the damage exceeds the deposit or where there is no deposit, the landlord can issue a Money Claim Online (MCOL) for the cost of replacement and making good. Claims up to £10,000 are heard in the small claims track with simplified procedure and without the need for legal representation. Claims require evidence of the item's presence, removal, and replacement cost
• Distinguishing the item's value from reinstatement cost: Where a tenant has wrongfully removed a fixture, the landlord's claim is not necessarily for the full replacement value of a brand new equivalent. The landlord is entitled to reinstatement to the same condition as before removal — adjusted for the item's age and condition. ADR adjudicators and small claims judges apply a depreciation factor to replacement cost claims. A 10-year-old fitted kitchen is not replaced at new kitchen prices
• Pre-tenancy and post-tenancy inventory: The cornerstone of any fixture and fitting dispute is the inventory. A detailed pre-tenancy inventory listing every item in the property — with photographs and the tenant's signed acknowledgement — is the landlord's primary evidence. A post-tenancy checkout report (ideally carried out by an independent inventory clerk) provides the comparison. Without both documents, the landlord's ability to claim for missing fixtures is significantly compromised

Frequently asked questions