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Botham v TSB Bank (1996) 7 P & C R D 1  Court of Appeal

Mr and Mrs Botham defaulted on their mortgage and removed various items before the bank took possession of the house. The Court of Appeal were required to consider whether various household items were fixtures or chattels.

Held:

The bath, lavatory and bathroom fittings were fixtures in addition to the kitchen sink and units. The curtains, carpets, light fittings, kitchen appliances such as washing machines, dishwashers, cookers were chattels.

Roch LJ:

“If the item viewed objectively, is intended to be permanent and to afford a lasting improvement to the building, the thing will have become a fixture. If the attachment is temporary and is no more than necessary for the item to be used and enjoyed, then it will remain a chattel.”

Back to lecture outline on fixtures and chattels in land law