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Fixtures and FIttings dispute
Hi, I hope that someone can help me! I am buying a house that has a hot tub (circa £4000). On the house viewing the owner said it was included in the sale, and this was confirmed via our/the vendors solicitors and emailed to me (as an addendum to the fixtures and fittings form along with a further query)
I have since been told that this is now to be removed, and not only this, but in order to do so it will delay the exchange of contracts and completion date (we have already had a completion date moved 5 times!).
As this has been confirmed in writing via the vendors solicitor and agreed by us (albeit prior to exchange of contracts) my favoured courses of action are:
a. Insist is stays, as it has already been agreed.
b. If the vendor really insists on removal, we reduce our offer on the house by the proven amount of the hot tub less a small percentage for use since new (it is only 7 months old apparently)
c. If we don't agree and they take it anyway, can we then claim in the small claims court for the value of the hot tub, based on a contractual agreement in writing to confirm it would be staying.
Is the hot tub a fixture or is it property like any other furniture, and does the email confirmation from their solicitor hold any legal basis in this argument?
It is not something that will stop is buying the house, but don't want to be given the run-around by a vendor causing unnecessary delay.
Thanks in advance!
I have since been told that this is now to be removed, and not only this, but in order to do so it will delay the exchange of contracts and completion date (we have already had a completion date moved 5 times!).
As this has been confirmed in writing via the vendors solicitor and agreed by us (albeit prior to exchange of contracts) my favoured courses of action are:
a. Insist is stays, as it has already been agreed.
b. If the vendor really insists on removal, we reduce our offer on the house by the proven amount of the hot tub less a small percentage for use since new (it is only 7 months old apparently)
c. If we don't agree and they take it anyway, can we then claim in the small claims court for the value of the hot tub, based on a contractual agreement in writing to confirm it would be staying.
Is the hot tub a fixture or is it property like any other furniture, and does the email confirmation from their solicitor hold any legal basis in this argument?
It is not something that will stop is buying the house, but don't want to be given the run-around by a vendor causing unnecessary delay.
Thanks in advance!
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