Cases - Elitestone Ltd v Morris

Record details

Name
Elitestone Ltd v Morris
Date
[1997]
Citation
1 WLR 687
Legislation
Keywords
Commercial property - property management - dilapidations - fixtures and chattels
Summary

Holland v Hodgson

[1872] LR 7 CP 328


Pan Australian Credits SA Pty Ltd v Kolim Pty Ltd

[1981] 27 SASR 353


TSB Bank plc v Botham

[1996] EGCS 149


Young v Dalgety plc

[1987] 1 EGLR 116

A number of cases illustrate the differences between fixtures and chattels, considering, for example, fitted cupboards, electrical wiring, suspended ceilings, partitions, sheds, air-conditioning equipment, carpets, curtains, etc.

  • Elitestone - The chalet/bungalow could not be taken down and moved elsewhere. It could only be demolished. It had ceased to be a chattel.
  • Holland - A carpet resting on a floor without being attached is likely to remain a chattel. Just because a carpet might be fixed to the floor will not necessarily mean it will be a fixture.
  • Pan Australian - Air-conditioning equipment was so substantially installed that the units, ducting and vents had become part of the property.
  • TSB - The light fittings in this case were not fixtures (the case also considered carpets, gas fires, white goods, bathroom and kitchen units).
  • Young - The light fittings in this case were fixtures.