landlord/tenant-fixtures and fittings,legal explanation.if not sure about repairs.who responcerble.

What is a fixture/fitting?

There are no set definitions for what constitutes a fixture or a fitting,

Chattels are frequently referred to as fittings but the term fitting has no meaning in the legal context. A fixture is deemed to form part of the land or building. A chattel retains its independence and can be removed.

Chattels and fixtures

A chattel is any item that has not been physically attached to the premises so as to become part of them in law. 

A fixture is an item that has been attached to the premises in a way that results in it losing its character as a chattel, and that has thus become part of the property.

"A useful analogy is to imagine that you pick up a house and turn it upside down," said Samantha Blackburn, head of property at law firm Slater & Gordon. "All the items that fall out can be taken – these are fittings – whereas everything else should stay put,

Is it a fixture?

Whether an item is a chattel or a fixture is a question of fact and depends on an objective assessment of:

the degree to which an item is annexed/fixed to the premises – how and how firmly?

the purpose for which it is annexed – was it for a temporary purpose or was it with a view to making a permanent improvement to the premises?

a. Tenant’s fixture

A tenant’s fixture has three distinctive elements:

a fixture in law;

annexed for the purpose of the tenant’s trade or for mere ornament and convenience; and

physically capable of removal without causing substantial damage to the premises and without losing its essential utility as a result of the removal.