Does the TA10 Fittings and Contents form override previous written agreement?

Housebuyer2019

A colleague of mine completed on a house just before Christmas. It had been agreed during their negotiations with the seller (via estate agent) that the seller would leave the sofa, wardrobes and dining table. She has this written in an email from the seller that was forwarded to her from the estate agent. When she moved in she realised the seller had taken all the furniture with him.

I’ve got her to check her TA10 fittings and contents form but there’s nothing on there saying that the furniture would be left on completion. Where does she stand with this? Can she sue the seller for not leaving the furniture? She thought it would be enough that she had a copy the email from the seller as proof of the agreement, but I’m not so sure.

tom9980

Housebuyer2019 wrote: »

A colleague of mine completed on a house just before Christmas. It had been agreed during their negotiations with the seller (via estate agent) that the seller would leave the sofa, wardrobes and dining table. She has this written in an email from the seller that was forwarded to her from the estate agent. When she moved in she realised the seller had taken all the furniture with him.

I’ve got her to check her TA10 fittings and contents form but there’s nothing on there saying that the furniture would be left on completion. Where does she stand with this? Can she sue the seller for not leaving the furniture? She thought it would be enough that she had a copy the email from the seller as proof of the agreement, but I’m not so sure.

She should have checked the F&F list and raised it, she did not this document matters the email is meaningless legally.

AdrianC

Which is the more recently dated?

As a general rule of thumb, the TA10 is part of the contract for the property, the email is not. If the email was more recent, it could perhaps be taken as an implicit informal update to the TA10, though.

The only real route to any recompense is through launching a small claim for the second-hand value of the used furniture.

G_M

TA10 did not include the items therefore they are not included in the sale.

parkrunner

Has she asked the vendor what happened? That would be my first port of call.

Housebuyer2019

Thank you everyone. The fixtures and fittings form was signed after the initial agreement. She’s asked the seller’s agent why the furniture wasn’t left but isn’t hopeful she’ll get a response because they were pretty useless throughout the process. If she went through small claims would there be much likelihood of her winning?

staffie1

She should be asking her solicitor these questions. That’s what we pay them for.

G_M

Housebuyer2019 wrote: »

If she went through small claims would there be much likelihood of her winning?

Almost none. She'd just end up with court costs. Hers and the defendants'.


What is the value of the furniture in question?

GDB2222

I disagree with the advice above. The TA10 deals with fixtures and fittings, not furniture. If there was an agreement about movable furniture, by email, that should stand.

That leaves two questions. Was the agreement about the furniture valid. For example, was there a price agreed or other consideration?

Second, is the fitted wardrobe covered by that email? I am inclined to think it’s covered by the TA10. It depends how fitted it was. It possibly can’t have been very fitted, or they could not have taken it! I don’t think a freestanding wardrobe is covered by the TA10.

G_M

GDB2222 wrote: »

I disagree with the advice above. The TA10 deals with fixtures and fittings, not furniture.

Not so.

TA10 is actually headed:

Download a TA10 Fixtures & Contents Form by clicking here

Last house I sold I had to attach an additional page to the TA10 as I was including too many items of furniture to fit on the form itself.


If an item is to be included in the sale it should be in the contract. TA10 forms part of the contract. An email does not.

Skiddaw1

I'd guess that unless the furniture in question was right at the top end of the range, it'd cost far more to try to pursue the issue than it would to buy more furniture. I'd let it go.