How can we get the sellers of the house we're buying to let us keep their Aga?

We are considering putting an offer in on a house in the countryside after becoming fed up of city living.

We've already sold our old house and are renting. Our budget is healthy.

In the house we are looking at, there are a number of items we'd like to be included in the sale.

This includes the Aga in the kitchen, the water feature sculpture in the garden and the free-standing bespoke marble bath in the master bedroom's ensuite.

We wouldn't want to buy the property only to find these features gone.

Can we ensure the seller includes all three items in the sale? And can the seller refuse to include them?

Jane Denton of This is Money replies: Never assume that every item you see during viewings will be included in a property sale.

What stays in a home when it is sold rests on whether it is defined as a fixture or a fitting. Fixtures are defined as items attached to the property, and are generally included in a sale.

The seller can still take them, however, as long as they declare this in the TA10 form as part of the property sale.

Fitted kitchen units, wall-mounted ovens, Agas, fitted bathroom sanitary ware, solar panels, radiators and intruder or fire alarm systems are all defined as fixtures by HM Revenue & Customs.

Fittings, also known as chattels, however, are generally excluded from a sale, unless explicitly earmarked for inclusion in the TA10.

Examples of fittings could include anything from non-integrated kitchen white goods, lamp shades and mirrors to free-standing furniture, curtains and blinds.

The bath and garden sculpture you like could potentially fall into this category.

In some cases, it can be difficult to establish and define whether an items is a fixture or fitting. As a general rule, if an item was installed to improve the property it is more likely to be a fixture. How firmly an item is attached and whether it would cause damage to remove are other factors to consider.

You will need to talk to the seller or estate agent to determine if items you have your eye on will be included in the sale.

You and the sellers would need to confirm in writing the items which will be included in or excluded from the sale before contracts are exchanged.

The TA10 form, completed by the sellers, provides a room-by-room breakdown of what is included, excluded, or negotiable in a property sale. In your case, a bespoke separate inventory may also be helpful, particularly for the garden sculpture and free-standing bath.

I asked two solicitors for their responses to your question.

Manjinder Kaur Atwal, director of property law at Duncan Lewis Solicitors, says: You are not alone in asking this – it is a common question. Very often, it is the little things that make you fall in love with a property. But unless you are clear from the start, you may find those items gone by the time you collect your keys.

The key thing to understand is the difference between fixtures and fittings.

Fixtures are things that are attached to the property – think built-in kitchen units or wall-mounted radiators – and they are usually included in the sale.

Fittings, on the other hand, are items that can be removed without damaging the property, like free-standing furniture, curtains, light shades and, in your case, possibly even the marble bath or the garden sculpture.

If something is a fitting, the seller does not have to leave it behind unless you have specifically agreed that it is part of the deal.

That is why it is so important to raise these points early on – ideally at the offer stage.

Let the estate agent know that you would like the Aga, the sculpture and the bath included.

If the seller is open to it, your conveyancing solicitor will record these in the fittings and contents form (known as the TA10) which becomes part of the contract. That way, it is legally binding.

I have seen buyers successfully negotiate for all sorts of things – from garden furniture and bespoke wardrobes to hot tubs and even chicken coops.

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Sometimes sellers agree without hesitation, especially if the items are hard to move or they simply do not want them.

Other times they will ask for a higher price or refuse entirely, and it is then up to the buyer whether to adjust their offer or let the items go.

The main thing is not to make assumptions. If you do not put it in writing, you have no guarantee it will be there when you move in.

A good rule of thumb is: if you want it to stay, talk about it as soon as possible, and make sure it's included in the paperwork.

Your solicitor can guide you on what counts as a fixture or fitting and ensure there are no unpleasant surprises on moving day.

Joanne Ellis, a partner at Stephensons, says: By far the best way to approach this is to have a discussion with the seller of the property, whether that be in person or through the estate agent.

If the seller agrees to the items being part of the sale, ensure you have this confirmed in writing before you submit an offer.

A seller cannot generally be compelled to include items in a sale, but will be expected to leave fixtures that are physically a part of the property, such as plug sockets.

It may be that some, or even all, of the items would be considered to be a physical part, but certainty is always best before you put an offer in. The estate agents can be particularly helpful with this sort of issue.

If the seller does not intend to include the items in the sale, and they are not a physical part of it, it would be worth asking if they would be prepared to sell these items to you and reaching an agreement as to how much you are prepared to pay for them.

Again, this discussion can be either direct or through an agent but either way any agreement should be confirmed in writing.

This can be as simple as an exchange of emails.

During the process of the sale the seller will complete a fixtures and fittings form. This form legally sets out what is to stay at the property.

You need to make sure the form matches any agreement reached. If you are not sure, ask your solicitor to get confirmation.

Do note that the seller can change their mind, even if you have a written agreement, up to the time of exchange of contracts.

Do not agree to complete on the purchase unless you are entirely happy that there is an agreement in place that the items are to be staying at the property for you.

It can be easy to get swept up in arranging removals and packing up but now is the time to be focused on the information and advice from your solicitor.

Ultimately, if the seller then does not leave those items you would have a claim against them for the items to be returned to you or for the replacement cost.