Botham & Ors v TSB Bank Plc [1996] EWCA Civ 549 (30 July 1996)

Botham & Ors v TSB Bank Plc [1996] EWCA Civ 549 (30 July 1996)

Items are fixtures if, objectively, they are annexed to the property with the intention of permanent improvement; otherwise, they remain chattels. The court found that bathroom fittings and kitchen units were fixtures, but carpets, curtains, most light fittings, gas fires, and white goods were not, based on degree and purpose of annexation and available evidence.

Citation
[1996] EWCA Civ 549
Parties
Defendants/appellants: Graham Charles Botham & Ors; Plaintiff/respondent: TSB Bank Plc
Jurisdiction
England and Wales
Judgment Date
30 July 1996
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal partially allowed
Legal Topics
Fixtures and Chattels, Mortgagee Rights, Possession Proceedings
Property Law Mortgage Law Fixtures and Chattels Mortgagee Rights Possession Proceedings

Case Brief

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Parties

Graham Charles Botham & Ors

Defendants/appellants

TSB Bank Plc

Plaintiff/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether certain items in a mortgaged flat were fixtures or chattels and thus subject to the mortgagee's rights on possession and sale.

Ratio Decidendi

Items are fixtures if, objectively, they are annexed to the property with the intention of permanent improvement; otherwise, they remain chattels. The court found that bathroom fittings and kitchen units were fixtures, but carpets, curtains, most light fittings, gas fires, and white goods were not, based on degree and purpose of annexation and available evidence.

Court Disposition

Appeal partially allowed

Orders

  • Appeal allowed in respect of fitted carpets, curtains and blinds, most light fittings, gas fires, and kitchen white goods; these are not fixtures.
  • Appeal dismissed in respect of bathroom fittings, kitchen units, and conceded marble panels and mirrors; these are fixtures.