Identify the correct treatment of carpets and curtains in the contract for 19 Hamilton Road and explain why you would deal with them in that way.

• A. Carpets and curtains are fittings, not fixtures; list as included and price in TA10; attach TA10 to the contract.
• B. Carpets and curtains pass automatically with the property; no TA10 needed.
• C. Carpets and curtains are fixtures and pass by default; no special condition required.
• D. Carpets and curtains are excluded from the sale.

Answer: (A)

Carpets and curtains are usually treated as fittings rather than fixtures. That means they’re considered chattels that can be included in the sale without becoming part of the property’s structure. To avoid ambiguity and potential disputes, the best practice is to list them on a dedicated inclusions schedule (TA10) with an agreed price and attach that schedule to the contract. This makes it explicit what stays with the property and what price, if any, is attached to those items, so both buyer and seller know exactly what is included. If they aren’t listed on TA10, there could be confusion about whether they pass with the property or whether the seller can remove them, leading to disagreement at completion.