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.