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Original poster

Who is right about the shelves?

30 replies

Gill123789 · 31/12/2023 19:56

Hello!

We’re moving house soon and in the process of packing up, I was discussing with DH what was still to be done - I mentioned that shelves we have in the utility room and kitchen need to be taken down (pictures attached).

DH said we can’t take these, they are part of fixtures and fitting. I disagree and told him we’re taking them! They didn’t come with the kitchen, I purchased them from Etsy.

I’m going to double check with my solicitor, they are however closed until 8th January. In the meantime I was wondering if anyone on here can shed any light on whether we can take them or not? We live in Scotland (as I know Scots law is different).

OP posts:

Sodndashitall · 31/12/2023 19:57

Well my sibling just bought a flat and the vendors removed every bloody shelf in the place!

PamelaParis · 31/12/2023 19:59

I'm with your DH. If I was buying a place I would expect it to come with the shelves I'd seen when I viewed.

HurdyGurdy19 · 31/12/2023 19:59

Were they included in the list of fixtures and fittings, either to specify they were being left, or being taken?

I think the generally accepted rule is that if you were to pick your house up, turn it upside down and shake it - anything that fell out would be taken, and anything else would be left behind.

So you both could be correct, depending on the fixtures and fittings list in your contract.

fancydays · 31/12/2023 20:01

If these are expensive shelves that you really like then I would take them with you but replace with a cheaper version. I moved into a property where the sellers had taken all the curtain poles. The last thing I wanted to do was to go out and buy curtain poles for a whole house and in the mean time have no privacy.

EVHead · 31/12/2023 20:14

I’d be really pissed off if I bought the place and you’d taken the shelves with you. If you wanted to take them that should have been made clear in the schedule/agreement with the buyers.

Infusedwithchamomileandmint · 31/12/2023 20:17

They are lovely.
I would take them

WithIcePlease · 31/12/2023 20:33

EVHead · 31/12/2023 20:14

I’d be really pissed off if I bought the place and you’d taken the shelves with you. If you wanted to take them that should have been made clear in the schedule/agreement with the buyers.

I agree
I'd leave them

ACynicalDad · 31/12/2023 20:36

They seem like part of the kitchen, you wouldn’t take cupboards off the wall and if you did take them you need to make good the walls and repaint. In the context of the cost of a house they cost sod all.

Quartz2208 · 31/12/2023 20:36

HurdyGurdy19 · 31/12/2023 19:59

Were they included in the list of fixtures and fittings, either to specify they were being left, or being taken?

I think the generally accepted rule is that if you were to pick your house up, turn it upside down and shake it - anything that fell out would be taken, and anything else would be left behind.

So you both could be correct, depending on the fixtures and fittings list in your contract.

This did you include them were they in the spec

i would be inclined to replace with cheaper ones

GrettaGreen · 31/12/2023 20:38

HurdyGurdy19 · 31/12/2023 19:59

Were they included in the list of fixtures and fittings, either to specify they were being left, or being taken?

I think the generally accepted rule is that if you were to pick your house up, turn it upside down and shake it - anything that fell out would be taken, and anything else would be left behind.

So you both could be correct, depending on the fixtures and fittings list in your contract.

I second the above. Shelves are fixed to the wall so come under fixtures and fittings.

HJ40 · 31/12/2023 20:41

OP, unless people specify that they have knowledge of the sale process IN SCOTLAND you'll have to ignore the replies.

What people would like, or would do is largely irrelevant. What matters is what's legally correct.

DobbyRuth · 31/12/2023 20:42

We left our shelves behind, and hooks, and door hardware, lots of handy things for the next owner.

The house we moved to however, didn’t leave a single thing!

determinedtomakethiswork · 31/12/2023 20:44

They are fixtures and fitting, so if you want to take them with you, you need to make sure the buyer knows immediately.

quarrelmerchant · 31/12/2023 20:45

I don't know the legal answer.

I have shelves that have come with me from house to house because they were built by a late family member. But that's non-negotiable so I would have made sure that was clear in contracts and it wasn't a surprise.

bellac11 · 31/12/2023 20:48

I dont think you can use 'fixed to the wall' as a blanket reason as to whether something is taken or not, because a lot of furniture these days is fixed to the wall to stop it falling over. TVs for example are fixed to the wall

I would simply replace with cheaper versions, those wood effect floating shelves for example

quarrelmerchant · 31/12/2023 20:48

Legally though, if you should have left them but take them all you'll be required to do is remedy that by buying/paying for replacement shelves surely?

Scotland doesn't imprison people for minor breaches of property contracts, does it?

BigBoysDontCry · 31/12/2023 20:51

Whether it's legal or not, it's a bit of a dick move. I'd at the very least ask the purchasers if they want them or not.

Last house we bought (aside from the fact they left it manky) they asked in advance if they could take some roman blinds they'd had fitted. We said that's fine but we expect the walls to be made good after removal. In the end they left the blinds but instead took and replaced the wrought iron curtain poles and tie back holders with cheap plasticy ones and left those walls full of holes (new build house so you can imagine the mess) we were pissed off as you can imagine but in the end it wasn't worth fighting over.

So I guess if you are happy to be dicks then crack on....

goingtotown · 31/12/2023 21:03

Ask the buyers if they want them.

NonmagicMike · 31/12/2023 22:54

Looks like I’m in the minority of I’d just take them. New owners may turn up and chuck them in the bin anyway when they redo the house to their taste. When we moved in our vendors had gutted the place, right down to the light switches and lamps - they left wires hanging out the walls! We didn’t care, just got on with it / excited about new house.

Seaitoverthere · 01/01/2024 05:47

I’d agree that asking is thing to do here. I think you could probably say on the property info form that you are taking them but really they are a part of the utility room as adds to it’s function and if they want them you would be unreasonable to take them. But people often rip things out so sensible to ask.

WhatNoUsername · 01/01/2024 05:58

No you should not take the shelves. They are attached to the house.

Whether you can or not is irrelevant, it's a shitty thing to do.

I'm still pissed off that our vendors took the radiator covers and coat racks and cupboards in the bathroom.

I would never take something attached. I want the buyers to buy the house as they've seen it and not have to go to the time, money and effort of replacing missing shelves, coat racks and cupboards as soon as they've moved in.

Tbh I don't know how anyone can be bothered about unscrewing things from the wall and making good (as you should do) when you are trying to organise a house move.

Do you even know that these shelves will fit somewhere in your new house?!?

autienotnaughty · 01/01/2024 06:12

You can take the shelves. (Unless you listed them as a fixture. Which technically they are not)

I'd tidy the holes left or replace with a basic shelf

Passingthethyme · 01/01/2024 06:53

I'd expect as they are fixed they are part of the house, as PP said you could replace with cheaper ones. I think it's quite dishonest to remove them and not leave anything, I had a similar incident where the curtains and railings were removed from the living area which I think is really cheeky.

CormorantStrikesBack · 01/01/2024 07:10

If you take them not only do you have to fill the holes but also paint the holes in a matching paint to the rest of the room.

Bestyearever2024 · 01/01/2024 07:16

My understanding is that unless you have specifically listed them as something you are taking away, they are fixtures and must stay

If you have listed them as items which you are taking, you should fill all screw holes and make good

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