Is an awning a fixture or a fitting?!

[akennyg]

We are getting ready to exchange on a house with an awning attached to the back of the house, rather than curtains or blinds, to protect the back room from the sun. We had expected it to stay, but now they say they want £1500 to leave it....should we be a bit miffed, or is this totally normal? FTB so all new to me!

[Spickle]

Hmm, it's one of those things that could be either/or. Vendors can remove, for example, curtains/curtain poles, light fittings, carpets etc as long as they make good any damage after their removal. Some offer to leave items for a price, others just leave stuff and others will take everything. The price does seem pretty steep and perhaps they are trying it on, knowing you are a FTB. I wouldn't buy the awning personally but you have to decide how much you want it. They may just leave it anyway, chances are it won't fit their new place, but do you want to take the risk? I'm sure you could buy a new one for less than that or would you prefer to have traditional blinds or curtains anyway?

[OrinocoTheWomble]

I would say it was a fitting (like curtain poles etc)... i.e. it's been fixed in place. It is not physically part of the actual house - ie. a fixture - like the central heating. They are entitled to charge you, but probably should have mentioned it way earlier! Some people do take the piss though - it might not even fit or be needed on their next house! Do you like it? Do you need an awning? If you do want it, I'd check out prices in your area and perhaps negotiate - otherwise say you don't want it. Blinds would be cheaper.

I want an awning, and they are expensive.

[engeika]

I would have thought a fixture - but as spickle said - it could be either.

I wouldn't pay £1500 for it. They probably don't want it anyway - too much trouble to take - but I imagine they paid a lot for it so want to recover some of the outlay.

You may prefer to choose your own awning, in your own colour - and you don't know how well it works yet. (You'd have to see how easily it went up and down etc)

[PiratePanda]

Call their bluff. Say you're not paying for it and are happy for them to take it away. I cannot imagine that anyone in their right mind would go to the trouble and expense of removing a purpose-fitted awning that they are very unlikely to have any further use for in their new house.

Be prepared to have to purchase another one, but I reckon they'll leave it in the end.

[CointreauVersial]

The previous owners of this house took the awning with then when they moved.

However, they told us upfront that they would be taking it, and I didn't like it much anyway.

I think it's like curtains/lights - they don't have to be included, and it's your choice whether you pay the money, or say no and wave goodbye to it. It would have been good manners to mention it upfront, though.

[MaCosta]

Was it mentioned in the estate agents particulars?

[MillyMollyMama]

£1500 is a joke! Call their bluff. Do you want it anyway? These are a. It naff in my view! If they remove it, would they have to repair the damage that may cause? I would check with your solicitor.

[MillyMollyMama]

A bit naff....

[PigletJohn]

Don't agree to pay for it.

Make sure they know that any damage or holes resulting from its removal must be put right at their expense.

They would be barmy to remove it. It will be heavy and need several people. Stepladders might not be adequate. A second-hand awning is not worth much.

[akennyg]

Thanks all. It is a nice discreet electric one that I must admit I was pleased we'd have, but I think absolutely we can do without for a few months and buy one ourselves for that price! It wasn't in the particulars but it is fitted to the house & not mentioned as going so we did assume...

They're also taking the bathroom mirrors and charging 450 for the 3 if we want them, which I thought was a bit much. They're not fancy or anything!

We've told the agent we are surprised and not too happy re awning and she said she's never known anyone take them. She said she'd talk to vendors...

[wowfudge]

You could always say that as a ftbs you just can't afford to pay for these items as you are already at the top of your budget.

It does sound rather grasping on their part if they don't need these things in their new home, but perhaps they are financially stretched.

[FunMitFlags]

My resident lawyer tells me that it could be argued to be either, but if he had to pick one he'd opt for for fitting. You could only expect to have it left without any charge to yourself if they'd clearly said that it was included in the price of the house. Even then it wouldn't be binding in law until contracts were drawn up.

If you don't want it (don't want to pay for it) then you must tell them and ask them to make good any damage from removing it.

If you do want it you could say that £1500 is far more expensive than you can afford to pay and hope that they come back with a much lower offer or realise that removing will be a huge headache and offer it to you anyway at no cost.