The Inventory Before the Keys: Settling Fixtures and Fittings in a No-Agency Sale

The question that surfaces after the price is agreed

In a no-agency sale, the seller controls the marketing, the viewings and much of the negotiation. That directness is one of the advantages of the route. It also removes the intermediary who might otherwise ask, early on, what is staying and what is going. Fixtures and fittings can appear to be a minor detail beside price, title and survey findings. In practice, they are one of the most common sources of friction between exchange and completion, precisely because they are discussed late and recorded loosely.

The sensible approach is to treat the inventory as part of the sale file from the outset. A buyer viewing a private property will form assumptions from what they see: the fitted oven, the wall-mounted television, the garden shed, the electric vehicle charger. Some of those assumptions will be correct in law; others will not. A written inventory, prepared before marketing and refined before exchange, turns those assumptions into agreement.

The legal starting point: fixtures and fittings

In England and Wales, the general principle is that fixtures pass with the land unless the contract expressly excludes them, while fittings remain the seller's property unless the contract expressly includes them. The distinction is not always intuitive. A fixture is generally an item that has been attached to the property in a substantial way and is intended to remain part of it. A fitting is generally a movable item that can be removed without damaging the property.

Fitted kitchen units, built-in wardrobes and a fixed bathroom suite are usually treated as fixtures. Freestanding white goods, loose furniture and potted plants are usually fittings. Between those poles sit the difficult items: integrated appliances, wall-mounted televisions, CCTV cameras, EV chargers, summerhouses and garden structures. The label matters less than the written record. If an item is to stay, say so. If it is to go, reserve it expressly. If it is negotiable, do not leave it ambiguous in the hope that the point will resolve itself.

The Law Society's TA10 Fittings and Contents form is familiar in many residential transactions in England and Wales. A private seller can use it, or a similar schedule, as a discipline even where the transaction is not handled by an estate agent. In Scotland, the position is governed by the missives and separate conveyancing practice, so the inventory should be prepared with the solicitor's input.

Building an inventory that a buyer can read

The best inventory is not a long prose description. It is a clear schedule. Each item should be listed by room or location, marked as included, excluded or negotiable, and, where relevant, described by make, model and condition. Photographs should support the schedule rather than replace it. A picture of a fitted oven proves what was present at the time of marketing; it does not prove that the oven was intended to remain.

A practical inventory will also record ownership. An item may be present in the property but leased, hired or subject to a finance agreement. A seller should not include such an item unless the arrangement can be transferred lawfully and the buyer understands the terms. The same applies to items that depend on a subscription or digital account, such as smart heating controls or security cameras.

The ambiguous items: chargers, cameras, appliances and garden structures

Electric vehicle chargers are a useful example of why a written record matters. A wall-mounted charger may be regarded as a fixture, but the buyer will also need to know whether the unit is owned or leased, whether it has a warranty, whether the installation was notified correctly, and whether the associated app account can be transferred. The seller should list the charger, state its ownership and transfer arrangements, and obtain consent where a finance or subscription arrangement requires it.

CCTV systems raise similar questions. Cameras and cabling may be fixed to the property, but recordings and account data are separate. A seller should not leave recordings for the buyer, and should explain how the system will be reset or transferred. If the system is to remain, the schedule should say so and identify what is included: cameras, recorder, cabling, power supply and any subscription.

Integrated appliances are often assumed to stay because they appear built in. That assumption should still be confirmed. A fitted fridge, dishwasher or oven may be included in the sale price, or it may be excluded and replaced with a gap. Freestanding appliances should be treated with particular care, because a buyer may reasonably assume that a washing machine or fridge-freezer is part of the kitchen unless told otherwise.

Garden structures require a similar fact-specific approach. A shed standing on a base may be a fitting; a summerhouse with foundations, services or a permanent structure may be treated differently. Greenhouses, pergolas, raised beds and garden offices should be listed individually. Plants and trees rooted in the soil generally form part of the land, while pots and movable planters can be taken. The inventory should not rely on general labels such as garden items.

Photographs, schedules and written agreement

Photographs are valuable evidence of presentation, but they are not a substitute for agreement. The seller should keep a dated photographic record before marketing, and again shortly before exchange if items have changed. The inventory should be signed or initialled by both parties, or incorporated into the contract or a side letter prepared by the conveyancer. Oral assurances given during a viewing should be written down the same day and sent to the buyer for confirmation.

This is particularly important in a private sale, where the seller may be communicating directly with the buyer. A friendly exchange during a viewing can easily become a disputed promise months later. A short written note is not a sign of distrust; it is a record that protects both sides. If an item is excluded, the buyer should know before exchange what will be removed and whether any making good is required.

Exchange, completion and the discipline of the final list

Once contracts are exchanged, the inventory should be treated as fixed. The seller should remove only items listed as excluded, and should leave included items in the condition described, subject to fair wear and tear. If an included item is damaged or removed after exchange, the buyer may have a remedy, but the practical route is to avoid the problem through a final check.

A final inspection before completion, or a photographic record at handover, can resolve many small disagreements. Keys, manuals, warranties, service records and access codes should be gathered with the inventory. For digital items, the seller should confirm how accounts will be closed or transferred. For appliances, the relevant manuals and guarantees should be left with the property where available.

A practical checklist for 2026

Before marketing, walk through the property room by room and list every item that a buyer might assume is included. Mark each item as included, excluded or negotiable. Record make, model and condition where relevant. Identify leased, financed or subscription-based items. Photograph the property as presented. Before exchange, convert the list into a written schedule, confirm it with the buyer, and ensure the conveyancer incorporates it into the transaction documents. At handover, check the property against the final list.

The inventory is not the most glamorous part of a private sale, but it is one of the most effective. It allows the seller to market the property clearly, reduces the risk of post-exchange argument, and gives the buyer a reliable picture of what the price includes. In a no-agency transaction, where direct communication is both the strength and the risk, that written clarity is worth the time it takes.