together with
CELEBRATINGOVER FOUNDE
Hinckley Golf Club
Thursday 11th July 2024 | 6pm
Meet the team
Mike Cleary CUSTODIAN / CO-OWNER
Daniel Jackson Assoc RTPI CUSTODIAN / CO-OWNER
Matt Burrows BA (Hons), MNAVA ASSOCIATE DIRECTOR / AUCTIONEER
Will Glendenning AUCTION NEGOTIATOR
Samantha-Marie Parsons AUCTION VALUER (NORTH)
Jessica Lewis AUCTION VALUER (SOUTH)
Our Stories
Founded in Shipston-on-Stour in 1843, the Sheldon Bosley Knight business began with auctions and on-site farm sales and quickly established itself as the region’s auction specialist.
Since then it has grown and developed into a multi-disciplined estate, land and property agency with 10 specialist departments, a team of more than 250 and trusted by thousands of happy customers.
Our auction department offers a complete auction service including four in-room sales from Stratford-upon-Avon and four from Hinckley per year, as well as online-only auctions, both for traditional and modern method auction lots.
In 2023 Sheldon Bosley Knight bought Andrew Granger & Co adding to our auctions portfolio.
Andrew Granger & Co was founded over 30 years ago by Andrew Granger himself, firstly with one office in Market Harborough and in time growing to three, with Leicester and Loughborough.
What began as a business mainly offering land agency/agricultural and house sales, now offers a diverse range of services including residential sales, residential lettings, commercial property, planning and development services, rural agency and professional services.
If you would like more information as to how we can sell your property or land at auction email head of auctions, Matt Burrows matt.burrows@sheldonbosleyknight.co.uk or call 01789 867123.
Our Values
Our brand values are integral to what we do as a business. They matter because they show our clients and the wider community who we are as a company and what we stand for. They also encapsulate our people and the standards they work to.
Sheldon Bosley Knight’s brand values are:
• People-focused - to always offer the right advice to help our clients.
• Communication - we believe in transparent communications with ourselves and our clients, no matter what.
• Innovative - we continually develop our practices, services and technology to bring the best experience for our clients.
• Community - we integrate into and play a leading role in the communities in which we live and work.
• Personality - we are always ambassadors for Sheldon Bosley Knight, undertaking our role with individuality.
Our Mission
The mission of Sheldon Bosley Knight is to continue setting the highest standards in land and property services. Our expert surveyors, architects, planners and estate agency professionals work together to advise with transparency and integrity along every step of the journey.
Our Branches
Sheldon Bosley Knight has branches across Warwickshire, Worcestershire, Gloucestershire, Leicestershire and the Cotswolds.
Directions to Hinckley Golf Club
Car: From Junction 2 of the M69, take the B4669 Hinckley Road towards Hinckley. After 1.8 miles, continue onto London Road. After 0.4 miles, turn right onto the B4668 Leicester Road. After 0.6 miles, Hinckley Golf Club will be on your right hand side.
Parking: The golf club benefits from ample onsite parking.
Nearest railway station: Hinckley railway station is 1.8 miles from the golf club with regular services to Coventry and Birmingham.
Important Notice to be Read by all Bidders
These notices and the Conditions of Sale of each lot are available at the auctioneer’s office. Prospective buyers and their conveyancers should read them carefully. Both the auctioneer and his seller clients have taken all reasonable steps to ensure the lots in this catalogue are fairly described and every opportunity has been given to enable prospective purchasers to make the necessary enquiries and investigations before the auction. Details of the seller’s conveyancer are available on request.
Addendum & Auctioneer’s Announcements
Amendments to the catalogue particulars or conditions of sale (addendum) will be displayed in the saleroom and will be read by the auctioneer at the start of the auction.
Addendum form part of the contract of sale and the addendum sheet may have to be signed by the buyer. Bidders are deemed to be aware of any addendum and any other announcements made by the auctioneer, and bid subject to these. It is important therefore to arrive at the saleroom before the start of the auction.
Buyer’s Premium
A buyer’s premium applies to each lot. This is normally £1,100 plus VAT (£1,320 inclusive of VAT) but may differ on certain lots as indicated in the auction catalogue. This is paid by the buyer in the saleroom immediately after the lot has been ‘knocked down’. In the event of non-payment of the buyer’s premium, a deduction will be made from the buyer’s deposit to cover the buyer’s premium and this will need to be ‘made up’ by the buyer before completion.
Definition of ‘Guide Price’ & ‘Reserve Price’
A guide price is an indication of the seller’s current minimum acceptable sale price. The guide price, or range of guide price, is given to assist interested parties in deciding whether or not to pursue their interest. It is usual, but not always the case, that a provisional reserve price is set by the seller prior to the catalogue being published. As the reserve price may not be fixed at this stage, and can be adjusted by the seller at any time prior to auction, a guide price is published. This guide price can be shown as a range of prices above which the reserve price will not be set, or as a single figure within 10% of which the reserve price will be set.
Both the guide price and reserve price can be subject to change at any time prior to the auction starting. A reserve price is the minimum price at which the seller allows the auctioneer to sell the lot at. The reserve price remains confidential between the seller and the auctioneer.
Deposit
At auction the fall of the gavel creates a binding contract and we, as auctioneers, immediately require a deposit of 10% of the purchase price (subject to a minimum of £5,000). This deposit can be paid by bank transfer or banker’s draft. We may not be able to accept the full deposit payment by debit card. If you wish to pay by debit card, you will be required.
To pay a Bidders Security Deposit of £5,000 towards your deposit, with the balance being paid by bank transfer or banker’s draft within two working days.
Legal Documents & Additional Costs
It is essential bidders check the legal documents prior to bidding and take professional advice. Special conditions of sale can contain additional costs (that is costs over and above the price the lot is ‘knocked down’ at) and bidders are deemed to be aware of any additional costs prior to bidding.
Rents, Information Regarding Tenants & Price Estimates
Any estimates provided by the auctioneer regarding the price at which a property may be sold cannot be accepted by a buyer as advice or any form of valuation. Any estimates or suggestions given by the auctioneer regarding current or future rental prices must not be relied on as a valuation, but merely as estimates for guidance purpose only.
Sale of Property & Completion
Bidders should note that a legally enforceable contract of sale of the relevant property on the terms set out in these notices and the general and special conditions of sale is created as soon as it has been ‘knocked down’ to the bidder by the auctioneer. Completion is required 20 working days after the auction date, unless specified otherwise.
Prior Sales & Withdrawn Lots
Prospective buyers should contact us prior to the auction to confirm whether a lot has been sold or withdrawn. We and our clients shall not be responsible for any losses or abortive costs incurred by prospective buyers against lots that are withdrawn or sold prior to the auction.
Particulars of Sale
Bidders should check the particulars relating to any lot for which they intend to bid and ensure they are satisfied with the accuracy of all measurements, areas, details, leases and other matters referred to in the particulars of the lot or the conditions of sale and all other matters subject to which the properties are sold or have the benefit of. Bidders should check any contents, fixtures or fittings described as included in the sale are the property of the seller. This should be done by inspecting the property and by making the necessary enquiries with the auctioneers, the seller or the sellers’ appropriate bodies including local authorities and service providers. All measurements and areas referred to in the particulars are approximate. Bidders will be considered to have inspected the relevant property and have made all necessary and appropriate enquiries and searches.
Online, Telephone & Proxy Bidding
We are pleased to be able to offer remote bidding to anyone who is unable to attend the venue. We once had a bidder who was midway to Australia when the auction was due to take place! Remote bidding can be done online, by telephone or proxy. All remote bidders will need to register to bid at least 24 hours before the auction is scheduled to start using the Auction Passport. Once your application has been received, we will need to complete antimoney laundering checks, verify your ID and approve your application to bid. You will not be able to bid until you receive an email from us confirming you are ‘approved to bid’.
Identification Documents
Under the UK Money Laundering, Terrorist Financing and Transfer of Funds (Information on the payer Regulations) as amended we are legally obliged to undertake Customer Due Diligence. This will require all bidders to produce to us, satisfactory evidence of their identity and current residential address.
• These regulations require us to verify the name and address of every bidder.
• We will undertake the necessary online searches via Lexis Nexis (or other provider of our choice).
• If the seller is a company, you must provide the above documentation for each Shareholder with 25% capital or more and the person who is authorised to buy the property on behalf of the company.
If you fail to provide us with this information or do not pass our checks, you will not be able to place a bid at the auction.
You must submit at least one form of identification for each of the following verification sections:
Proof of name
• Current signed passport
• Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form)
• EEA member state identity card (which can also be used as evidence of address if it carries this)*
• Current UK or EEA photocard driving licence*
• Full old-style driving licence*
Proof of address
• Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
• Local authority council tax bill for the current council tax year
• Current UK driving licence*
• Bank, building society or credit union statement or passbook dated within the last three months
• Original mortgage statement from a recognised lender issued for the last full year
Note
* These items may be used to give evidence of address or identity but not both
Documents that are not acceptable include
• Provisional driving licence
• Mobile phone bills
• Credit card statements
• Screenshots from a mobile device
Pre-Auction Offers
Pre-auction offers must be submitted in writing to the auctioneer’s office by letter or email, including name, address, telephone number and details of conveyancers. Any pre-auction offer received is assumed to be a ‘best and final offer’ and no guarantee is given that there will be an opportunity to increase or review the offer should it not be accepted or should a better offer be received. Pre-auction offers can only be considered on the basis of an exchange of contracts prior to auction in accordance with the Auction Legal Pack and Common Auction Conditions (found to the rear of this catalogue) with a 10% deposit (minimum £5,000) and payment of the buyer’s premium. If an offer is accepted the lot will not be withdrawn from the catalogue or advertising programme until exchange of contracts has taken place.
Additional Costs
Any additional costs, which are payable in addition to the purchase price that have not been mentioned in this catalogue, will be included within the special conditions attached to the Auction Legal Pack. Therefore, all prospective buyers are strongly advised to inspect the legal packs for every lot they may wish to bid on, in order to be made fully aware of any additional costs, if applicable.
INVESTING IN A BUY-TO-LET PROPERTY?
At Sheldon Bosley Knight, we pride ourselves in delivering an exceptional, professional and personal service to both our landlords and their tenants. Our fully trained property managers have a wealth of experience with property maintenance and will aim to care for our clients’ properties at the highest level whilst endeavouring to achieve the best possible return from their investment. For more information please call us and one of our team will be more than happy to help.
Temaera Moore
Leicester Lettings Manager
0116 285 1600
temaera.moore@sheldonbosleyknight.co.uk
Frequently Asked Questions
Q: Can I view the properties?
A: We can usually arrange for you to view and have group viewing times for most properties. All interior viewing appointments must be arranged through our local offices. Please telephone the office dealing with the property.
Q: Do I need a mortgage arranged prior to bidding?
A: If you require a mortgage or other form of loan to finance your purchase you must obtain an offer of advance prior to the auction. Most building societies and banks are familiar with auction procedures and normally issue offers quickly.
Q: When do I instruct my conveyancer?
A: Prospective buyers can inspect copies of important legal documentation at our auction offices and sometimes this is available online. It is prudent to get a conveyancer to check the legal pack.
Q: Can I have a structural survey done of a property prior to auction?
A: If you require a survey your surveyor should contact us to arrange for access. Your building society or bank may also send a surveyor to the property.
Q: Can lots be sold prior to the sale?
A: Occasionally lots are sold or withdrawn prior to the sale. Check with us on the working day before the sale to ensure your particular lot is still to be offered.
Q: What order are the lots offered in?
A: The order of sale is usually decided five days before the auction and you should get in touch with the auction office to get the full
running order. The published Order of Sale is within this catalogue and changes will be published on the addendum sheet available at the auction venue immediately before the auction starts.
Q: Do I have to be at the sale from the start?
A: It is advisable to be at the auction from the start so you can listen to the auctioneer’s opening announcements.
Q: How early should I arrive for the auction?
A: Arrive as early as possible. Our advice is always to find the hall about one hour before the auction starts. You can always have a cup of tea or refreshment once you have parked your car and located the hall.
Q: How do I bid?
A: If you are bidding in person, when your lot is announced and the auctioneer invites bids, you need to make your interest known by holding your bidder card in the air. Please be bold with your bidding and make sure you can see the auctioneer, but it is far more important they can see you. The auctioneer will give you every opportunity to consider your bid but if you are at all concerned you have not been seen, confirm this out loud. Please note, the auctioneer will not accept your bid without a bidder card.
Q: What if I cannot be there in person to bid?
A: You can register to bid online, by telephone or proxy no later than 24 hours before the start of the auction. Please head to the Auction website and press ‘register to bid’ then complete the steps. Alternatively, call our team on 01789 867123 who can help you with registration.
Q: What happens if my bid is successful?
A: Contracts are exchanged as soon as the gavel has fallen. If you are the successful bidder, a member of our auction team will take you to the finance desk. You will then need to provide a 10% deposit (minimum £5,000) and pay your Buyer’s Premium. If you are unable to do this, the auctioneer has the right to re-offer the lot. If the property then sells for a lower figure the seller may claim any losses from you. You will then complete and sign the memorandum of sale before sitting with the person representing the vendor to complete and sign the contract of sale.
The day after the auction, you will then be emailed a copy of the memorandum of sale signed by the seller or by us on behalf of the seller and you should then pass this to your own conveyancer as soon as possible.
Q: Are there are any other costs on the day?
A: Each successful buyer or bidder will be liable to pay a Buyer’s Premium as indicated in the auction catalogue, payable to Sheldon
Bosley Knight Ltd. You will probably have to pay for the legal searches, if applicable, so please refer to the legal pack. Most lots have additional costs to pay on completion. Full details of any specific costs can be found in the legal pack.
Q: What about insurance?
A: You are responsible for the property from the date of exchange and it is therefore very important you make arrangements to insure it immediately. If you do not have insurance in place, we can suggest firms who will be able to assist.
Q: Can I buy a property prior to auction?
A: Vendors will often consider offers made before the auction day, but they should be made in writing via post or email. Once this is received we can submit your offer to the vendor and will then contact you with their instructions. Please note however, you must be in a position to exchange and pay your deposit and buyer’s premium before the auction day.
144% of guidetheirprice Previous auction properties achieved
together with
THE LOTS
CELEBRATINGOVER FOUNDE
Fairfields, Welland Road, Upton-upon-Severn, Worcester, WR8 0SR
KEY FEATURES
1. Situated on approximately 1.4 acre plot
2. Beautiful open countryside views
3. Driveway providing parking for ample vehicles
4. Huge scope for development subject to planning permission
With open countryside views and offered for sale with vacant possession on completion, this is an excellent opportunity to acquire a freehold, detached bungalow. The property is situated on a desirable plot of approximately 1.4 acres with several outbuildings and has huge potential.
The accommodation has an entrance door leading into the lounge, a kitchen/dining room with a comprehensive range of base, drawer and wall units, a lean to/utility room, three double bedrooms and a family bathroom. A particular feature is the generous outside space. It has a long driveway providing parking for several vehicles and has several outbuildings. The plot has huge scope and development potential subject to the usual planning consent. Internal inspection and a site visit is strongly advised.
The property is situated on the outskirts of the popular and much sought-after village of Welland, set against the backdrop of the Malvern Hills. The village is well served by a shop and Post Office, a church, village hall and public houses. Further and more extensive amenities are available in Great Malvern, in the riverside town of Upton-upon-Severn or in the city of Worcester.
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
EPC: F
Local authority: Worcester
Seller’s solicitors
Linda Beddoes at Russell and Co.
Flat 2, Goodwin Gardens, Lower Keys, Evesham, Worcestershire, WR11 3DP
SOLDPRIORTOAUCTION
£72,000
Ground floor flat 2. Ideal buy-to-let investment
3. Close to town centre
4. Two double bedrooms
5. Bathroom with bath and shower
6. Gas central heating
A great opportunity to buy a ground floor, two-bedroom flat with parking and within walking distance to Evesham town centre and local amenities. The property has a private entrance leading to a spacious open plan kitchen/lounge/diner, master bedroom, second double bedroom, and family bathroom. This property would make a fantastic first-time purchase or an excellent investment opportunity. Other benefits include its town centre location, gas central heating, and allocated parking.
General information
Tenure: Leasehold
The property is leasehold offering vacant possession on completion.
Leasehold with approximately 109 years remaining. The lease is for 125 years from 19/12/2007
Service charge is £500 per annum, ground rent is £500 per half annum
EPC: C
Local authority: Wychavon
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
Appletree Cottage, Hayden Road, Cheltenham, Gloucestershire, GL51 0SN
KEY FEATURES
1. Exquisite thatched detached cottage
2. Sympathetically renovated with character features
3. Three spacious bedrooms
4. Popular location in the heart of Cheltenham
5. Garage and off-street parking
A stunning Grade II listed thatched period property in the heart of Cheltenham. This three-bedroom house has been sympathetically renovated to incorporate beautiful character features with many modern comforts.
The exquisite family home offers spacious living accommodation throughout, landscaped gardens, driveway and garage. Inside, there is a spacious entrance hallway which allows access to the downstairs rooms including the renovated kitchen/diner with utility room and cloakroom WC, lounge with decorative fireplace and large bay windows which flood the room with light and the study. On the first floor are three spacious bedrooms, one with en suite facilities and the family bathroom.
Externally the property benefits from charming, landscaped gardens with established flowers, plants and trees, brick paved and pebbled patio areas and access to the garage.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: Exempt
Local authority: Cheltenham
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
Lynwood House, Lynwood Close, Hampton, Evesham, WR11 2PD
KEY FEATURES
1. Over 3100 sq ft of accommodation
2. Detached family home oozing character
3. Nestled in the heart of Hampton
4. Four double bedrooms
5. Beautiful views of the Cotswolds
A beautiful family home occupying a substantial plot surrounded by landscaped gardens and countryside views. This is a rare opportunity to buy this charming, substantial period home that has been extended over recent years and which is being offered to the market with no onward chain. It has a fabulous outlook on to the countryside and really needs to be seen to be appreciated.
The property is accessed from the secluded Lynwood Close road and approached by electric gates up to the sweeping driveway. This grand home is situated in a private position and enjoys a wraparound garden.
The property has a reception hall, living room featuring an inglenook fireplace, dining room with fireplace and bay window, kitchen with an array of cupboards and integral appliances, breakfast room, utility, boot room, WC and a substantial conservatory overlooking the beautiful gardens and rolling countryside views. There are feature beams throughout the ground floor of the property. The first floor has a landing area, main bedroom with triple aspect windows and en suite shower room, three further well-proportioned bedrooms, a fourth bedroom which has a fitted storage and vanity unit, family bathroom with plenty of eaves storage and a store cupboard used as a walk in wardrobe.
Externally, the property benefits from a double garage with electric door, parking for multiple cars, wellestablished gardens and a light and airy feel throughout.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: E
Local authority: Wychavon District Council
Seller’s solicitors
Ms Heidi Aitken at Hughes Paddison
Arden House, 28 Henley Street Alcester, B49 5QY
KEY FEATURES
1. Charming grade II listed property with original features throughout
2. Central town location
3. Approx 1,700 sq feet of accommodation
4. Four double bedrooms
5. Three reception rooms
Arden House is a charming Grade II listed property located on Henley Street in the heart of Alcester. This delightful house boasts four double bedrooms, three reception rooms and a double garage, offering ample space for comfortable living.
The accommodation briefly comprises an entrance hallway with stairs to the first floor, a reception room with an inglenook fireplace and access to the cellar, a second reception room with a feature fireplace, leading into a separate dining room. The breakfast/kitchen has a comprehensive range of base, drawer, and wall units, a separate pantry and store cupboard, a downstairs cloakroom/WC. To the first floor there is a spacious landing serving four double bedrooms, a family bathroom and a separate shower room. Outside there is an impressively large rear garden with established flower borders, trees and shrubberies along with two brick-built stores. There is also a double garage, which is a two-minute walk from the property.
Alcester is a popular market town with shops, schools and excellent transport links, located just eight miles (13 km) west of Stratford-upon-Avon, and eight miles south of Redditch.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: Exempt
Local authority: Stratford-upon-Avon
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
Sunnyacre, Mill Lane, Cleeve Prior, Evesham, WR11 8JZ
KEY FEATURES
1. Huge potential and scope
2. Four double bedrooms
3. Generous plot
4. South facing rear garden
5. Detached bungalow
6. Sought after village location
7. Over 2,500 sq ft.
Occupying a generous plot and rural position with enviable countryside views, this four-bedroom detached bungalow offers fantastic potential and is presented to the market with no onward chain. Sunnyacre offers a rare opportunity to purchase a well-loved home, at just over 2,500 sq ft, with huge potential to extend/renovate subject to planning permission.
Situated down a tranquil lane in the heart of Cleeve Prior, this lovely home comprises a hall, spacious living room, family room with extensive views of the rear garden, dining room and kitchen. There are also four double bedrooms and a family bathroom with separate shower and bath. There is also a capacious tandem garage offering ample storage space with access to a WC.
Externally, the property boasts a wraparound garden, an unused pool and tennis court. The rear garden enjoys a south facing aspect with well-established plants, trees and shrubs and a beautifully maintained lawned area to the front and rear.
The village of Cleeve Prior has a real community feel and has a pub, farm shop and local primary school. Other benefits include mains gas, ample parking down the private driveway and a chance to add your own stamp to a charming home.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: D
Local authority: Wychavon District Council
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
LOT 7
Plot 1, land adjoining West Field Farm, Weston-on-the-Green, Bicester, OX25 3RF
£25,000
KEY FEATURES
1. Strategically located on the edge of Weston-on-the-Green
2. Located between Bicester and Oxford
3. Approximately 1.33 acres
Plot 1 offers a great opportunity to acquire a 1.33-acre parcel of land adjacent to North Lane in Weston-on-theGreen. The land is located to easy access to Oxford and Bicester and close to the motorway (M40) and A road (A34) links to London, Birmingham and the south of England.
Weston-on-the-Green has two public houses and a country house hotel with a restaurant. In addition to the village store/post office, there are a variety of local shops including The Old Flight House antique centre, as well as an award-winning café, The Milk Shed.
The land is part of Title Number ON90661
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
Local authority: Cherwell
Seller’s solicitors
Mr Brian West at Shoosmiths LLP
LOT 8
Plot 2, land adjoining West Field Farm, Weston-on-the-Green, Bicester, OX25 3RF
£75,000
KEY FEATURES
1. Strategically located on the edge of Weston-on-the-Green
2. Located between Bicester and Oxford
3. Approximately 4.08 acres
Plot 2 offers a great opportunity to acquire a 4.08 acre parcel of land adjacent to North Lane and Westlands Avenue in Weston-on-the-Green. The land is located to easy access to Oxford and Bicester and close to the motorway (M40) and A-road (A34) links to London, Birmingham and the south of England.
Weston-on-the-Green has two public houses and a country house hotel with a restaurant. In addition to the village store/post office, there are a variety of local shops including The Old Flight House antique centre, as well as an award-winning café, The Milk Shed.
The land is part of Title Number ON90661
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
Local authority: Cherwell
Seller’s solicitors
Mr Brian West at Shoosmiths LLP
LOT 9
Plot 3, land adjoining West Field Farm, Weston-on-the-Green, Bicester, OX25 3RF
£80,000
KEY FEATURES
1. Strategically located on the edge of Weston-on-the-Green
2. Located between Bicester and Oxford
3. Approximately 3.17 acres
Plot 3 offers a great opportunity to acquire a 3.17 acre parcel of land adjacent to North Lane and Westlands Avenue in Weston-on-the-Green. The land is located to easy access to Oxford and Bicester and close to the motorway (M40) and A-road (A34) links to London, Birmingham and the south of England.
Weston-on-the-Green has two public houses and a country house hotel with a restaurant. In addition to the village store/post office, there are a variety of local shops including The Old Flight House antique centre, as well as an award-winning café, The Milk Shed.
The land is part of Title Number ON90661
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
Local authority: Cherwell
Seller’s solicitors
Mr Brian West at Shoosmiths LLP
Land lying to the west of East Street, Fritwell, OX27 7QQ
1. Just over three acres of land
2. Strategically located
3. Quiet village setting
4. Good access
This is a great opportunity to acquire a 3.044-acre parcel of land adjacent to Forge Place in Fritwell. This strategically located plot is situated between Fritwell (0.5 miles north) and Fewcott (1.3 miles south). Fritwell is a quiet village with a primary school, Village Hall, Post Office and butchers. Nearby Ardley, Souldern and The Heyfords offer pubs and other amenities.
The Title Number is ON142950
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
Local authority: Cherwell
Seller’s solicitors
Mr Brian West at Shoosmiths LLP
Oakdale 34a, Temeside, Ludlow, SY8 1JN
WITHDRAWN PRIORTOAUCTION
KEY FEATURES
1. Huge potential
2. Requires complete renovation
3. Next to the river
Oakdale is a detached bungalow of non-standard construction (believed to be single skin but please view in order to form your own opinions) lying adjacent the River Teme.
The property will require either complete renovation or demolition and rebuild subject to the necessary permissions that will be required.
Please note the green outline for the site is an illustration and as a result may not be an exact boundary line. Please refer to the legal pack.
Internal photos are available upon request and an EPC has been ordered. With the buildings either side being much taller than Oakdale, we believe (again subject to planning) for there to be potential to build a larger building and to reduce the risk of flooding from the River Teme.
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
EPC: N/A as a development site
Local authority: Shropshire
Seller’s solicitors
Ms Hayley Pierce at MFG Solicitors LLP
The Clayton, 38 Grove Road, Stratford-upon-Avon, CV37 6PB
KEY FEATURES
1. Prime location in historic Stratford-upon-Avon
2. Versatile property with commercial and residential potential
3. Seven bedrooms
4. Close to major transport links including railway and motorways
The Clayton was previously used as a guest house and is located in the picturesque Grove Road in Stratfordupon-Avon. This property offers an excellent opportunity for both commercial and residential use, subject to the necessary planning permissions.
The Clayton boasts a versatile layout with seven bedrooms and bathrooms, with five of the bedrooms benefiting from en-suite shower facilities. The communal areas include a well-appointed bathroom, a spacious sitting room, and a dining/kitchen catering to the needs of multiple occupants. Additionally, there is a self-contained owner’s flat comprising a cosy lounge, utility room, bathroom, and bedroom, providing a private retreat for the owner. This property provides commercial and residential potential. Currently set up as a guest house, The Clayton primarily serves as a commercial property with residential accommodation for the owners. This setup makes it ideal for those looking to operate a bed and breakfast or a boutique guest house. For those considering converting the entire property into a residential dwelling or an HMO, please be advised planning permission would be required.
The Clayton is situated in the heart of Stratford-upon-Avon. This prime location ensures visibility, essential for a successful guest house business. The property is conveniently located near major transport links, including the railway station, providing direct access to Birmingham and London. The nearby A46 and M40 offer excellent road connectivity, making the property easily accessible for both local and international visitors.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: E
Local authority: Stratford-upon-Avon
Seller’s solicitors
Ms Charlotte Barker-Davies at Band Hatton Button
22 Mardol Close, Coventry, CV2 1BA
KEY FEATURES
1. Two bedroom detached bungalow
2. Potential for development
3. No onward chain
4. Two garages accessed via alleyway
5. Cul-de-sac location
6. Versatile accommodation
A fantastic opportunity to acquire a spacious detached bungalow occupying a corner plot at the end of a cul-desac. The property offers further development opportunity subject to necessary planning permissions.
The accommodation includes an entrance hallway, spacious lounge, dining room, kitchen, shower room and two double bedrooms, one with access to the loft space. Externally the property boasts a generous plot with a rear garden being mostly laid to lawn and complete with established trees and plants. The bungalow also has two garages for the new buyer to utilise which can be accessed via an alleyway to the rear of the property.
The bungalow is close to local amenities and transport links and the area has a lovely residential community.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: D
Local authority: Coventry
Seller’s solicitors
Mr Michael Rabbett at Buckles Solicitors LLP
Flat 1, Milverton House, 11 Beauchamp Hill, Leamington Spa, Warwickshire, CV32 5LR
1. Lower ground floor apartment
2. Walking distance to town centre
3. One double bedroom and office
4. Private and secure entrance
A delightful lower ground floor apartment in this lovely converted villa, positioned just to the west of Leamington Spa town centre. It is in a great location within easy walking distance to the town’s boutiques, restaurants and bars. The apartment also benefits from gas central heating with a new gas boiler installed in 2023 and new water pump.
The accommodation briefly comprises a private and secure courtyard entrance, entrance hall with cloaks cupboard, spacious living/dining room, well-appointed kitchen having a comprehensive range of base, drawer, and wall units, including fridge/freezer, washing machine, dishwasher, oven and hob. There is also an office area, double bedroom with adjoining dressing area and bathroom with full suite including shower over bath. The property is on street permit parking and will be sold with vacant possession.
General information
Tenure: Included in the sale is a 25% ownership of the freehold. The land and property are leasehold with approximately 987 years remaining. The lease is for 999 years from 01/4/2012 Service charge is £1,800 per annum with a peppercorn ground rent. The property and land are leasehold with a share of the freehold and vacant possession will be given upon completion.
EPC: D
Local authority: Warwick district council
Seller’s solicitors
Mr Chris Dumbleton at Rotherham & Co Limited
31 Chapel Street, Wellesbourne, Wellesbourne, Warwickshire, CV35 9QU
KEY FEATURES
1. End terraced property
2. Lounge with feature fireplace
3. Kitchen combined dining room
4. Village location
5. One off road parking space
6. Back porch/utility
Just a short distance from the charming town of Wellesbourne, is a traditional, freehold end terraced property, boasting two double bedrooms and one allocated parking space. This property is offered for sale with no upward chain and benefits from gas-fired central heating and double-glazed windows throughout.
The accommodation briefly comprises an entrance door leading into the lounge with a feature fireplace, a fully tiled shower room, kitchen combined dining room having a comprehensive range of base, drawer, and wall units, a separate back porch/utility room. To the first floor there are two double bedrooms, with the master bedroom benefiting from a storage cupboard.
Outside, to the front of the property there is one allocated parking space, paving leading to the front door. There is side pedestrian access leading to a rear courtyard.
Wellesbourne is a pretty town with a number of shops, recreation facilities and public houses. Stratford-uponAvon is nearby, as are Warwick and Leamington which offer further retail and entertainment options. Families will appreciate the excellent selection of public and private schools, while sports enthusiasts will find ample recreational amenities.
Please be advised the agent understands there is rights of way down the side of the property.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: D
Local authority: Stratford-upon-Avon
Seller’s solicitors
Rachel Armitage at Thomas Flavell & Sons Ltd
252 Walsgrave Road, Coventry, CV2 4BN
KEY FEATURES
1. Three spacious bedrooms
2. Kitchen with add on utility area
3. Low maintenance rear garden
4. Rear vehicle access with parking to the rear
5. Brilliant location for investment
A chance to buy this three-bedroom end of terrace home located in Walsgrave Road in the popular Stoke area of Coventry.
The property has an entrance hallway with stairs to the first floor, two ground-floor reception rooms, one with a feature bay window and one with patio doors and access to the kitchen, lean-to utility area and downstairs WC.
The first floor has two large double bedrooms and a well-proportioned third bedroom along with the family bathroom.
Externally there is a low-maintenance rear garden with parking and garage and garden at the front of the property laid to lawn.
Walsgrave Road is close to Coventry city centre, connecting with the University Hospital, which makes it an excellent location for commuters, students and hospital staff.
This property is only suitable to cash buyers or those with auction finance.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: E
Local authority: Coventry city council
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
The Priory, Priory Road, Alcester, B49 5EA
KEY FEATURES
1. Stunning grade II listed former gentleman’s residence
2. Huge scope for development
3. Central town location
4. Approx 5,000 sq ft of accommodation
5. Spacious accommodation in need of some modernisation
Occupying a sizable plot and conveniently located in the heart of the delightful town of Alcester, is this stunning Grade II listed, six double-bedroom home with a former factory space next door. The property has huge potential and benefits from off-road parking for several vehicles, as well a private, walled garden.
The accommodation briefly comprises, entrance hallway with stairs to the first floor, a feature fireplace in the first reception room and a second reception room with French doors leading to the garden. The kitchen/dining room has a comprehensive range of base, drawer, and wall units. There is a downstairs cloakroom and access to the cellar. To the first floor there is a spacious landing serving four bedrooms, a dressing room and a family bathroom. To the second floor there is a landing with two further bedrooms.
In addition to The Priory itself, there is also the former ‘Priory Works’ as it was known in the mid-19th century. This is a 70ft factory which was once one of the main needle shops of the district. It was run by Joseph Harrison but by 1890 needle making had ceased, and bicycles were produced. Having not been in use since, the factory is now in need of thorough renovation and offers the buyer huge potential subject to the usual planning consents. The plot also houses a derelict building, positioned at the end of ‘Salt Box Row’ in need of complete renovation, a tin workshop previously used as office space, in addition to gardens and a formal walled lawn.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: D
Local authority: Stratford-upon-Avon
Seller’s solicitors
Mr Jack Stokes at Davisons Law Solicitors
5 Giffard Court, Hearth Street, Market Harborough, LE16 9AG
KEY FEATURES
1. Fantastic renovation opportunity (subject to necessary planning permissons)
2. Spacious two-bedroom flat
3. Close proximity to amenities and transport links
5. Garage and communal garden
A fantastic renovation opportunity with this spacious two-bedroom, ground-floor flat, located conveniently in the heart of Market Harborough.
The property offers well-proportioned living accommodation throughout and in brief includes an entrance hallway with storage space, lounge with understairs storage cupboard, kitchen, additional storage cupboards, bathroom and two bedrooms. Externally the property benefits from a communal garden which also provides access to a single garage which is part of a block to the rear of the property.
The location of the flat is perfectly situated in the heart of Market Harborough, which is within close proximity of amenities and excellent transport links.
General information
Tenure: Leasehold with approximately 49 years remaining. The lease is for 99 years from 25/03/1974
The agent understands the annual ground rent is currently £75 and there is no service charge to pay.
The service charge has not been verified with the sellers solicitor and buyers are to make their own enquiries. Offering vacant possession on completion.
EPC: G
Local authority: Harborough
Seller’s solicitors
Mrs Ursula Morris at Wartnaby Hefford Solicitors
30 Homewelland House, Leicester Road, Market Harborough, LE16 7BT
£37,500
KEY FEATURES
1. Over 60’s apartment
2. One bedroom with dressing area
3. Communal gardens
4. Potential to underlet subject to terms in the head lease
5. Lounge open to kitchen, shower room
Over 60s retirement apartment on the second floor in the popular Homewelland House development in Market Harborough. It is located just to the north of the town centre, conveniently situated for local amenities and shops. The property has a communal entrance with either stairs or a lift giving access to the second floor. There is an entrance hall, living room, kitchen, bedroom with dressing area and shower room.
There are visiting management staff with the house manager working 9am to 4pm, Monday to Thursday. There is a 24-hour emergency call response service via pull cord or push button. Other facilities include a communal lounge, laundry, guest facilities, and gardens. There are also frequent social activities for residents.
The head lease does permit underletting the entire property provided the tenants are over the age of 60. Full details can be found in the lease which is available in the legal pack.
The property is in a popular location in Market Harborough which offers a range of excellent shops, cafes, and supermarket facilities. The nearby railway station has mainline services to London St Pancras in approximately an hour. The M1 is accessible at junction 20, Lutterworth, and the A14 lies to the south.
General information
Tenure: Leasehold with approximately 62 years remaining. The lease is for 99 years from 10/12/1986
Service charge is £1751.88 per half year, ground rent is £243.99 per half year.
Age restriction: The occupier of the property must be a minimum age of 60 years.
EPC: C
Local authority: Harborough
Seller’s solicitors
Mr Chris Sweetman at Rothera Bray Solicitors LLP
16 Marshall Court, Northampton Road, Market Harborough, LE16 9HZ
KEY FEATURES
1. Impressive complex
2. Close to amenities
3. Pleasant gardens
4. First floor apartment
5. Kitchen with built in oven and hob
6. Visitor parking
A charming first floor apartment occupying a pleasant position within a purpose-built retirement development which lies just to the south of the thriving town of Market Harborough.
The apartment can be approached via a lift and communal hallways. It has UPVC double glazed windows together with electric heating, and has an entrance hall, living room, kitchen, bedroom and bathroom. Additionally there are various communal areas including a wash room and lounge. Externally there are pleasant gardens surrounding the property and visitors’ car parking spaces to the front.
Marshall Court comprises an impressive retirement complex built in about 2001 located just off Northampton Road to the south of the highly desirable town of Market Harborough. The town has excellent shopping and supermarket facilities, bars, restaurants, a theatre, leisure centre, nearby parks and also mainline railway station, with regular services on London St Pancras. The M1 is accessible at Junction 20 and the A14 lies to the south.
General information
Tenure: Leasehold with approximately 102 years remaining. The lease is for 125 years from 01/02/2001. Service charge is TBC, ground rent is £350 per half annum
Age restriction: The occupier of the property must be a minimum age of 60 years, or such other age as the Landlord may in its discretion permit
EPC: B
Local authority: Harborough
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
The Old Pool Building, School Lane, Queniborough, LE7 3DJ
1. Former school building converted into pool house
2. Walled courtyard
3. Storage room and electric power room
4. Central village location
5. Toilet Block
The Old Pool building is located off School Lane, in the village and civil parish of Queniborough. It is approximately 2.5 miles north east of Syston and 7.5 miles north east of Leicester. This lies within central Leicestershire and is in the Charnwood borough council district area.
The property is a former school building of brick construction, with a pitched slate roof, built in 1847. There is also a single-storey extension and a walled courtyard area from which access can be gained to the main building, the storage areas and also onto the street. In addition, there is second walled courtyard area just off the entrance hall.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: G
Local authority: Charnwood Borough Council
Seller’s solicitors
Mr Ryan Butterworth at Stone King LLP
5 Springfield Close, Burton-on-the-Wolds, Loughborough, LE12 5AN
1. Four-bedroom detached house
2. Garage and off road parking
3. Close to local amenities
4. Kitchen and utility room
5. Downstairs WC
5. Blank canvas
An extended four-bedroom detached home requiring modernisation throughout, situated within a sought-after location. Burton-on-the-Wolds is situated a short distance to the east of Loughborough and is conveniently located for access to Leicester, Nottingham and Derby, M1 motorway and A46 Fosse Way. The village has a well renowned primary school, public house (The Greyhound) and garage/filling station with shop.
The property has UPVC double glazed windows and a gas central heating system (although we cannot confirm its working condition). Following a burst pipe last year the property now requires modernisation works internally to include new ceilings to most areas, redecoration, and carpeting. The kitchen and utility rooms have both been stripped out following the water damage and will require completely refitting. The property is now an ideal blank canvas for those looking for a project.
The accommodation includes a large entrance porch, hall, cloakroom/WC, large open plan lounge/dining room, kitchen, and good size utility room. To the first floor is a spacious landing, extended master bedroom with en suite shower room, three further bedrooms, bathroom and separate WC.
Outside offers a front garden and driveway leading to a single integral garage and to the rear is a private mature garden.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
Local authority: Charnwood Borough Council
Seller’s solicitors
Ms Michelle Frisby at Hawley and Rodgers Solicitors
7 The Square, Countesthorpe, LE8 5RN
SOLDPRIORTOAUCTION
KEY FEATURES
1. Grade II listed property
2. Formerly a manor house
3. Wealth of original features including a cellar
4. Generous garden with large driveway for off road parking
5. Brick store, hobbies/ home office
An amazing five-bedroom, Grade II listed detached home full of charm and character. Parts of the Manor House date back to the late 15th century with many of the original features having been retained, including beamed ceilings, fireplaces and the housekeeper’s staircase along with useful outbuildings.
You enter the property from an ornate wooden door, with a beamed open porch, through to the spacious hallway, where you will find the main staircase and the door to the cellar. There are doors off to the family/games room, and boot room leading to the snug and WC. To the left of the hall is a spacious sitting room leading onto the dining room and then through to the dining/kitchen, where you will also find what would have been the housekeeper’s stairs. Through the dining/kitchen is the well-proportioned utility and cloaks/WC.
To the first floor, is the spacious master bedroom, with a large ensuite, a further four bedrooms which are generous in size and a family bathroom, as well as a separate shower room.
The garden is a fantastic size and ideal for entertaining. There are double wooden gates leading to the block-paved drive with off-road parking for numerous cars.
The property is situated within one of the most sought-after locations in Leicestershire. Countesthorpe is wellregarded for its rich history and heritage and the parish itself offers an abundance of local amenities and excellent transport links.
General information
Tenure: Freehold
The land is freehold offering vacant possession on completion.
EPC: Exempt
Local authority: Blaby
Seller’s solicitors
Daniel Coultous-Pitt at Jephson Legal
18 Ramsden Avenue, Camp Hill, Nuneaton, Warkwickshire, CV10 9EB
1. Ideal investment or development opportunity (subject to planning permission)
2. Good sized rear garden
3. Three bedroomed semi-detached property
A great opportunity to buy a three-bedroom semi-detached property, situated in an area with good local amenities. The property would be ideal for anyone looking to add their own stamp with a complete renovation/ modernisation and lends itself perfectly to be extended further (subject to usual planning consent).
The accommodation includes an entrance hallway with stairs to the first floor, a lounge with a bay window and a tiled fireplace. A separate dining room has a feature solid fuel fire with back boiler. The kitchen has half tiled walls and inset single drainer stainless steel sink with fitted base unit and drawer, fitted shelves and a built-in pantry cupboard. To the first floor there are three bedrooms, a family bathroom with a turquoise suite, a lowlevel WC and tiled splashbacks. Outside, there is a driveway providing parking for two vehicles and a good-sized rear garden.
General information
Tenure: Freehold
The property is freehold offering vacant possession on completion.
EPC: F
Local authority: Nuneaton and Bedworth borough council
Seller’s solicitors
Ms Sophie Dawkins at LDJ Solicitors
Common Auction Conditions
For auctions of real estate in England and Wales, Edition 4.0, March 2018
GLOSSARY
This glossary applies to the AUCTION CONDUCT CONDITIONS and the SALE CONDITIONS.
It is a compulsory section of the Common AUCTION Conditions that must be included without variation (but the SPECIAL CONDITIONS may include defined words that differ from the glossary so long as they apply only to the SPECIAL CONDITIONS).
The laws of England and Wales apply to the CONDITIONS and YOU, WE, the SELLER and the BUYER all submit to the jurisdiction of the Courts of England and Wales.
Wherever it makes sense:
• singular words can be read as plurals, and plurals as singular words;
• a “person” includes a corporate body;
• words of one gender include the other genders;
• references to legislation are to that legislation as it may have been modified or re-enacted by the date of the AUCTION or the CONTRACT DATE (as applicable); and
• where the following words appear in small capitals they have the specified meanings.
ACTUAL COMPLETION DATE
The date when COMPLETION takes place or is treated as taking place for the purposes of apportionment and calculating interest.
ADDENDUM
An amendment or addition to the CONDITIONS or to the PARTICULARS or to both whether contained in a supplement to the CATALOGUE, a written notice from the AUCTIONEERS or an oral announcement at the AUCTION.
AGREED COMPLETION DATE
Subject to CONDITION G9.3: a) the date specified in the SPECIAL CONDITIONS; or b) if no date is specified, 20 BUSINESS DAYS after the CONTRACT DATE; but if that date is not a BUSINESS DAY the first subsequent BUSINESS DAY.
APPROVED FINANCIAL INSTITUTION
Any bank or building society that is regulated by a competent UK regulatory authority or is otherwise acceptable to the AUCTIONEERS.
ARREARS
ARREARS of rent and other sums due under the TENANCIES and still outstanding on the ACTUAL COMPLETION DATE.
ARREARS SCHEDULE
The ARREARS schedule (if any) forming part of the SPECIAL CONDITIONS.
AUCTION
The AUCTION advertised in the CATALOGUE.
AUCTION CONDUCT CONDITIONS
The conditions so headed, including any extra AUCTION CONDUCT CONDITIONS.
AUCTIONEERS
The auctioneers at the AUCTION.
BUSINESS DAY
Any day except (a) Saturday or Sunday or (b) a bank or public holiday in England and Wales.
BUYER
The person who agrees to buy the LOT or, if applicable, that person’s personal representatives: if two or more are jointly the BUYER their obligations can be enforced against them jointly or against each of them separately.
CATALOGUE
The catalogue for the AUCTION as it exists at the date of the AUCTION (or, if the catalogue is then different, the date of the CONTRACT) including any ADDENDUM and whether printed or made available electronically.
COMPLETION
Unless the SELLER and the BUYER otherwise agree, the occasion when they have both complied with the obligations under the CONTRACT that they are obliged to comply with prior to COMPLETION, and the amount payable on COMPLETION has been unconditionally received in the SELLER’S conveyancer’s client account (or as otherwise required by the terms of the CONTRACT).
CONDITION
One of the AUCTION CONDUCT CONDITIONS or SALE CONDITIONS.
CONTRACT
The CONTRACT by which the SELLER agrees to sell and the BUYER agrees to buy the LOT.
CONTRACT DATE
The date of the AUCTION or, if the LOT is sold before or after the AUCTION:
a) the date of the SALE MEMORANDUM signed by both the SELLER and BUYER; or
b) if CONTRACTs are exchanged, the date of exchange. If exchange is not effected in person or by an irrevocable agreement to exchange made by telephone, fax or electronic mail the date of exchange is the date on which both parts have been signed and posted or otherwise placed beyond normal retrieval.
DOCUMENTS
DOCUMENTS of title including, if title is registered, the entries on the register and the title plan and other DOCUMENTS listed or referred to in the SPECIAL CONDITIONS relating to the LOT (apart from FINANCIAL CHARGES).
EXTRA GENERAL CONDITIONS
Any CONDITIONS added or varied by the AUCTIONEERS starting at CONDITION G30.
FINANCIAL CHARGE
A charge to secure a loan or other financial indebtedness (but not including a rent charge or local land charge).
GENERAL CONDITIONS
The SALE CONDITIONS headed ‘GENERAL CONDITIONS OF SALE’, including any EXTRA GENERAL CONDITIONS.
INTEREST RATE
If not specified in the SPECIAL CONDITIONS, the higher of 6% and 4% above the base rate from time to time of Barclays Bank plc. The INTEREST RATE will also apply to any judgment debt, unless the statutory rate is higher.
LOT
Each separate property described in the CATALOGUE or (as the case may be) the property that the SELLER has agreed to sell and the BUYER to buy (including chattels, if any).
OLD ARREARS
ARREARS due under any of the TENANCIES that are not “new TENANCIES” as defined by the Landlord and Tenant (Covenants) Act 1995.
PARTICULARS
The section of the CATALOGUE that contains descriptions of each LOT (as varied by any ADDENDUM).
PRACTITIONER
An insolvency PRACTITIONER for the purposes of the Insolvency Act 1986 (or, in relation to jurisdictions outside the United Kingdom, a person undertaking a similar role).
PRICE
The PRICE (exclusive of VAT) the BUYER agrees to pay for the LOT.
READY TO COMPLETE
Ready, willing and able to complete: if COMPLETION would enable the SELLER to discharge all FINANCIAL CHARGES secured on the LOT that have to be discharged by COMPLETION, then those outstanding financial charges do not prevent the SELLER from being READY TO COMPLETE.
SALE CONDITIONS
The GENERAL CONDITIONS as varied by any SPECIAL CONDITIONS or ADDENDUM.
SALE MEMORANDUM
The form so headed (whether or not set out in the CATALOGUE) in which the terms of the CONTRACT for the sale of the LOT are recorded.
SELLER
The person selling the LOT. If two or more are jointly the SELLER their obligations can be enforced against them jointly or against each of them separately.
SPECIAL CONDITIONS
Those of the SALE CONDITIONS so headed that relate to the LOT.
TENANCIES
TENANCIES, leases, licences to occupy and agreements for lease and any DOCUMENTS varying or supplemental to them.
TENANCY SCHEDULE
The schedule of TENANCIES (if any) forming part of the SPECIAL CONDITIONS.
TRANSFER
TRANSFER includes a conveyance or assignment (and “to TRANSFER” includes “to convey” or “to assign”).
TUPE
The TRANSFER of Undertakings (Protection of Employment) Regulations 2006.
VAT
Value Added Tax or other tax of a similar nature.
VAT OPTION
An option to tax. We (and Us and Our).
THE AUCTIONEERS
You (and Your)
Someone who has seen the CATALOGUE or who attends or bids at or otherwise participates in the AUCTION, whether or not a BUYER.
Auction Conduct Conditions
Words in small capitals have the special meanings defined in the Glossary.
The AUCTION CONDUCT CONDITIONS (as supplemented or varied by CONDITION A6, if applicable) are a compulsory section of the Common AUCTION Conditions. They cannot be disapplied or varied without OUR agreement, even by a CONDITION purporting to replace the Common AUCTION Conditions in their entirety.
A1 Introduction
A1.1 The AUCTION CONDUCT CONDITIONS apply wherever the LOT is located.
A1.2 If YOU make a bid for a LOT or otherwise participate in the AUCTION it is on the basis that YOU accept these AUCTION CONDUCT CONDITIONS. They govern OUR relationship with YOU. They can be varied only if WE agree.
A2 OUR role
A2.1 As agents for each SELLER we have authority to (a) prepare the CATALOGUE from information supplied by or on behalf of each SELLER; (b) offer each LOT for sale;
(c) sell each LOT;
(d) receive and hold deposits;
(e) sign each SALE MEMORANDUM; and (f) treat a CONTRACT as repudiated if the BUYER fails to sign a SALE MEMORANDUM or pay a deposit as required by these AUCTION CONDUCT CONDITIONS or fails to provide identification as required by the AUCTIONEERS
A2.2 OUR decision on the conduct of the AUCTION is final.
A2.3 WE may cancel the AUCTION, or alter the order in which LOTS are offered for sale. WE may also combine or divide LOTS. A LOT may be sold or withdrawn from sale prior to the AUCTION
A2.4 YOU acknowledge that to the extent permitted by law WE owe YOU no duty of care and YOU have no claim against US for any loss.
A2.5 WE may refuse to admit one or more persons to the AUCTION without having to explain why.
A2.6 YOU may not be allowed to bid unless YOU provide such evidence of YOUR identity and other information as WE reasonably require from all bidders.
A3 Bidding and reserve PRICE.
A3.1 All bids are to be made in pounds sterling exclusive of VAT.
A3.2 WE may refuse to accept a bid. WE do not have to explain why.
A3.3 If there is a dispute over bidding WE are entitled to resolve it, and OUR decision is final.
A3.4 Unless stated otherwise each LOT is subject to a reserve PRICE (which may be fixed just before the LOT is offered for sale). If no bid equals or exceeds that reserve PRICE the LOT will be withdrawn from the AUCTION
A3.5 Where there is a reserve PRICE the SELLER may bid (or ask US or another agent to bid on the SELLERS behalf) up to the reserve PRICE but may not make a bid equal to or exceeding the reserve PRICE. YOU accept that it is possible that all bids up to the reserve PRICE are bids made by or on behalf of the SELLER
A4 The PARTICULARS and other information
A4.1 WE have taken reasonable care to prepare PARTICULARS that correctly describe each LOT. The PARTICULARS are based on information supplied by or on behalf of the SELLER YOU need to check that the information in the PARTICULARS is correct.
A4.2 If the SPECIAL CONDITIONS do not contain a description of the LOT, or simply refer to the relevant LOT number, you take the risk that the description contained in the PARTICULARS is incomplete or inaccurate, as the PARTICULARS have not been prepared by a conveyancer and are not intended to form part of a legal CONTRACT
A4.3 The PARTICULARS and the SALE CONDITIONS may change prior to the AUCTION and it is YOUR responsibility to check that YOU have the correct versions.
A4.4 If WE provide information, or a copy of a DOCUMENT, WE do so only on the basis that WE are not responsible for the accuracy of that information or DOCUMENT
A5 The CONTRACT
A5.1 A successful bid is one WE accept as such (normally on the fall of the hammer). This CONDITION A5 applies to YOU only if YOU make the successful bid for a LOT.
A5.2 YOU are obliged to buy the LOT on the terms of the SALE MEMORANDUM at the PRICE YOU bid (plus VAT, if applicable).
A5.3 YOU must before leaving the AUCTION
(a) provide all information WE reasonably need from YOU to enable US to complete the SALE MEMORANDUM (including proof of your identity if required by US); (b) sign the completed SALE MEMORANDUM; and (c) pay the deposit.
A5.4 If YOU do not WE may either
(a) as agent for the SELLER treat that failure as YOUR repudiation of the CONTRACT and offer the LOT for sale again: the SELLER may then have a claim against YOU for breach of CONTRACT; or
(b) sign the SALE MEMORANDUM on YOUR behalf.
A5.5 The deposit
(a) must be paid in pounds sterling by cheque or by bankers’ draft made payable to US (or, at OUR option, the SELLER’S conveyancer) drawn on an APPROVED FINANCIAL INSTITUTION (CONDITION A6 may state if WE accept any other form of payment);
(b) may be declined by US unless drawn on YOUR account, or that of the BUYER, or of another person who (we are satisfied) would not expose US to a breach of money laundering regulations;
(c) is to be held by US (or, at OUR option, the SELLER’S conveyancer); and
(d) is to be held as stakeholder where VAT would be chargeable on the deposit were it to be held as agent for the SELLER, but otherwise is to be held as stakeholder unless the SALE CONDITIONS require it to be held as agent for the SELLER
A5.6 WE may retain the SALE MEMORANDUM signed by or on behalf of the SELLER until the deposit has been received in cleared funds.
A5.7 Where WE hold the deposit as stakeholder WE are authorised to release it (and interest on it if applicable) to the SELLER on COMPLETION or,
if COMPLETION does not take place, to the person entitled to it under the SALE CONDITIONS
A5.8 If the BUYER does not comply with its obligations under the CONTRACT then
(a) YOU are personally liable to buy the LOT even if YOU are acting as an agent; and
(b) YOU must indemnify the SELLER in respect of any loss the SELLER incurs as a result of the BUYER’s default.
A5.9 Where the BUYER is a company YOU warrant that the BUYER is properly constituted and able to buy the LOT
A6 EXTRA AUCTION CONDUCT CONDITIONS
A6.1 Despite any SPECIAL CONDITION to the contrary the minimum deposit WE accept is £5,000 (or the total PRICE, if less). A SPECIAL CONDITION may, however, require a higher minimum deposit.
A6.2 If the BUYER wishes to pay their DEPOSIT by debit card, they will pay a bidder security fee of £5000 to US. If the total DEPOSIT is less than £5000, the BUYER may pay the whole DEPOSIT by debit card. The bidder security fee will go on to form part of the deposit. The balance of the deposit must be paid to US within 2 BUSINESS DAYS by bank transfer.
General Conditions of Sale
Words in small capitals have the special meanings defined in the Glossary.
The GENERAL CONDITIONS (as WE supplement or change them by any EXTRA GENERAL CONDITIONS or ADDENDUM) are compulsory but may be disapplied or changed in relation to one or more LOTS by SPECIAL CONDITIONS. The template form of SALE MEMORANDUM is not compulsory but is to be varied only if WE agree. The template forms of SPECIAL CONDITIONS and schedules are recommended, but are not compulsory and may be changed by the SELLER of a LOT.
G1 The LOT
G1.1 The LOT (including any rights to be granted or reserved, and any exclusions from it) is described in the SPECIAL CONDITIONS, or if not so described is that referred to in the SALE MEMORANDUM
G1.2 The LOT is sold subject to any TENANCIES disclosed by the SPECIAL CONDITIONS, but otherwise with vacant possession on COMPLETION.
G1.3 The LOT is sold subject to all matters contained or referred to in the DOCUMENTS. The SELLER must discharge FINANCIAL CHARGES on or before COMPLETION
G1.4 The LOT is also sold subject to such of the following as may affect it, whether they arise before or after the CONTRACT DATE and whether or not they are disclosed by the SELLER or are apparent from inspection of the LOT or from the DOCUMENTS:
(a) matters registered or capable of registration as local land charges;
(b) matters registered or capable of registration by any competent authority or under the provisions of any statute;
(c) notices, orders, demands, proposals and requirements of any competent authority;
(d) charges, notices, orders, restrictions, agreements and other matters relating to town and country planning, highways or public health;
(e) rights, easements, quasi-easements, and wayleaves;
(f) outgoings and other liabilities;
(g) any interest which overrides, under the Land Registration Act 2002;
(h) matters that ought to be disclosed by the searches and enquiries a prudent BUYER would make, whether or not the BUYER has made them; and (i) anything the SELLER does not and could not reasonably know about.
G1.5 Where anything subject to which the LOT is sold would expose the SELLER to liability the BUYER is to comply with it and indemnify the SELLER against that liability.
G1.6 The SELLER must notify the BUYER of any notices, orders, demands, proposals and requirements of any competent authority of which it learns after the CONTRACT DATE but the BUYER must comply with them and keep the SELLER indemnified.
G1.7 The LOT does not include any tenant’s or trade fixtures or fittings. The SPECIAL CONDITIONS state whether any chattels are included in the LOT, but if they are:
(a) the BUYER takes them as they are at COMPLETION and the SELLER is not liable if they are not fit for use, and
(b) the SELLER is to leave them at the LOT
G1.8 The BUYER buys with full knowledge of (a) the DOCUMENTS, whether or not the BUYER has read them; and
(b) the physical condition of the LOT and what could reasonably be discovered on inspection of it, whether or not the BUYER has inspected it.
G1.9 The BUYER admits that it is not relying on the information contained in the PARTICULARS or on any representations made by or on behalf of the SELLER but the BUYER may rely on the SELLER’S conveyancer’s written replies to written enquiries to the extent stated in those replies.
G2 DEPOSIT
G2.1 The amount of the deposit is the greater of: (a) any minimum deposit stated in the AUCTION CONDUCT CONDITIONS (or the total PRICE, if this is less than that minimum); and (b) 10% of the PRICE (exclusive of any VAT on the PRICE).
G2.2 If a cheque for all or part of the deposit is not cleared on first presentation the SELLER may treat the CONTRACT as at an end and bring a claim against the BUYER for breach of CONTRACT.
G2.3 Interest earned on the deposit belongs to the SELLER unless the SALE CONDITIONS provide otherwise.
G3 Between CONTRACT and COMPLETION
G3.1 From the CONTRACT DATE the SELLER has no obligation to insure the LOT and the BUYER bears all risks of loss or damage unless (a) the LOT is sold subject to a TENANCY that requires the SELLER to insure the LOT or (b) the SPECIAL CONDITIONS require the SELLER to insure the LOT
G3.2 If the SELLER is required to insure the LOT then the SELLER
(a) must produce to the BUYER on request all relevant insurance details;
(b) must use reasonable endeavours to maintain that or equivalent insurance and pay the premiums when due;
(c) gives no warranty as to the adequacy of the insurance;
(d) must at the request of the BUYER use reasonable endeavours to have the BUYER’s interest noted on the policy if it does not cover a contracting purchaser; (e) must, unless otherwise agreed, cancel the insurance at COMPLETION, apply for a refund of premium and (subject to the rights of any tenant or other third party) pay that refund to the BUYER; and (f) (subject to the rights of any tenant or other third party) hold on trust for the BUYER any insurance payments that the SELLER receives in respect of loss or damage arising after the CONTRACT DATE, or assign to the BUYER the benefit of any claim; and the BUYER must on COMPLETION reimburse to the SELLER the cost of that insurance as from the CONTRACT DATE (to the extent not already paid by the BUYER or a tenant or other third party).
G3.3 No damage to or destruction of the LOT, nor any deterioration in its condition, however caused, entitles the BUYER to any reduction in PRICE, or to delay COMPLETION, or to refuse to complete.
G3.4 Section 47 of the Law of Property Act 1925 does not apply to the CONTRACT
G3.5 Unless the BUYER is already lawfully in occupation of the LOT the BUYER has no right to enter into occupation prior to COMPLETION
G4
TITLE AND IDENTITY
G4.1 Unless CONDITION G4.2 applies, the BUYER accepts the title of the SELLER to the LOT as at the CONTRACT DATE and may raise no requisition or objection to any of the DOCUMENTS that is made available before the AUCTION or any other matter, except one that occurs after the CONTRACT DATE
G4.2 The following provisions apply only to any of the following DOCUMENTS that is not made available before the AUCTION:
(a) If the LOT is registered land the SELLER is to give to the BUYER within five BUSINESS DAYS of the CONTRACT DATE an official copy of the entries on the register and title plan and, where noted on the register, of all DOCUMENTS subject to which the LOT is being sold.
(b) If the LOT is not registered land the SELLER is to give to the BUYER within five BUSINESS DAYS of the CONTRACT DATE an abstract or epitome of title starting from the root of title mentioned in the SPECIAL CONDITIONS (or, if none is mentioned, a good root of title more than fifteen years old) and must produce to the BUYER the original or an
examined copy of every relevant DOCUMENT
(c) If title is in the course of registration, title is to consist of:
(i) certified copies of the application for registration of title made to the Land Registry and of the DOCUMENTS accompanying that application;
(ii) evidence that all applicable stamp duty land tax relating to that application has been paid; and (iii) a letter under which the SELLER or its conveyancer agrees to use all reasonable endeavours to answer any requisitions raised by the Land Registry and to instruct the Land Registry to send the completed registration DOCUMENTS to the BUYER
(d) The BUYER has no right to object to or make requisitions on any title information more than seven BUSINESS DAYS after that information has been given to the BUYER
G4.3 Unless otherwise stated in the SPECIAL CONDITIONS the SELLER sells with full title guarantee except that (and the TRANSFER shall so provide):
(a) the covenant set out in section 3 of the Law of Property (Miscellaneous Provisions) Act 1994 shall not extend to matters recorded in registers open to public inspection; these are to be treated as within the actual knowledge of the BUYER; and
(b) the covenant set out in section 4(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994 shall not extend to any condition or tenant’s obligation relating to the state or condition of the LOT where the LOT is leasehold property.
G4.4 The TRANSFER is to have effect as if expressly subject to all matters subject to which the LOT is sold under the CONTRACT.
G4.5 The SELLER does not have to produce, nor may the BUYER object to or make a requisition in relation to, any prior or superior title even if it is referred to in the DOCUMENTS
G4.6 The SELLER (and, if relevant, the BUYER) must produce to each other such confirmation of, or evidence of, their identity and that of their mortgagees and attorneys (if any) as is necessary for the other to be able to comply with applicable Money Laundering Regulations and Land Registry Rules.
G5 TRANSFER
G5.1 Unless a form of TRANSFER is prescribed by the SPECIAL CONDITIONS
(a) the BUYER must supply a draft TRANSFER to the SELLER at least 10 BUSINESS DAYS before the AGREED COMPLETION DATE and the engrossment (signed as a deed by the BUYER if CONDITION G5.2 applies) five BUSINESS DAYS before that date or (if later) two BUSINESS DAYS after the draft has been approved by the SELLER; and (b) the SELLER must approve or revise the draft TRANSFER within five BUSINESS DAYS of receiving it
from the BUYER
G5.2 If the SELLER has any liability (other than to the BUYER) in relation to the LOT or a TENANCY following COMPLETION, the BUYER is specifically to covenant in the TRANSFER to indemnify the SELLER against that liability.
G5.3 The SELLER cannot be required to TRANSFER the LOT to anyone other than the BUYER, or by more than one TRANSFER
G5.4 Where the SPECIAL CONDITIONS state that the SELLER is to grant a new lease to the BUYER
(a) the CONDITIONS are to be read so that the TRANSFER refers to the new lease, the SELLER to the proposed landlord and the BUYER to the proposed tenant;
(b) the form of new lease is that described by the SPECIAL CONDITIONS; and
(c) the SELLER is to produce, at least five BUSINESS DAYS before the AGREED COMPLETION DATE, the engrossed counterpart lease, which the BUYER is to sign and deliver to the SELLER on COMPLETION.
G6 COMPLETION
G6.1 COMPLETION is to take place at the offices of the SELLER’S conveyancer, or where the SELLER may reasonably require, on the AGREED COMPLETION
DATE. The SELLER can only be required to complete on a BUSINESS DAY and between the hours of 0930 and 1700.
G6.2 The amount payable on COMPLETION is the balance of the PRICE adjusted to take account of apportionments plus (if applicable) VAT and interest, but no other amounts unless specified in the SPECIAL CONDITIONS
G6.3 Payment is to be made in pounds sterling and only by (a) direct TRANSFER from the BUYER’s conveyancer to the SELLER’S conveyancer; and (b) the release of any deposit held by a stakeholder or in such other manner as the SELLER’S conveyancer may agree.
G6.4 Unless the SELLER and the BUYER otherwise agree, COMPLETION cannot take place until both have complied with the obligations under the CONTRACT that they are obliged to comply with prior to COMPLETION, and the amount payable on COMPLETION is unconditionally received in the SELLER’S conveyancer’s client account or as otherwise required by the terms of the CONTRACT
G6.5 If COMPLETION takes place after 1400 hours for a reason other than the SELLER’S default it is to be treated, for the purposes of apportionment and calculating interest, as if it had taken place on the next BUSINESS DAY
G6.6 Where applicable the CONTRACT remains in force following COMPLETION
G7 NOTICE TO COMPLETE
G7.1 The SELLER or the BUYER may on or after the AGREED COMPLETION DATE but before COMPLETION give the other notice to complete within 10 BUSINESS DAYS (excluding the date on which the notice is given) making time of the essence.
G7.2 The person giving the notice must be READY TO COMPLETE
G7.3 If the BUYER fails to comply with a notice to complete the SELLER may, without affecting any other remedy the SELLER has:
(a) terminate the CONTRACT;
(b) claim the deposit and any interest on it if held by a stakeholder;
(c) forfeit the deposit and any interest on it;
(d) resell the LOT; and
(e) claim damages from the BUYER
G7.4 If the SELLER fails to comply with a notice to complete the BUYER may, without affecting any other remedy the BUYER has:
(a) terminate the CONTRACT; and
(b) recover the deposit and any interest on it from the SELLER or, if applicable, a stakeholder.
G8 If the CONTRACT is brought to an end If the CONTRACT is lawfully brought to an end:
(a) the BUYER must return all papers to the SELLER and appoints the SELLER its agent to cancel any registration of the CONTRACT; and (b) the SELLER must return the deposit and any interest on it to the BUYER (and the BUYER may claim it from the stakeholder, if applicable) unless the SELLER is entitled to forfeit the deposit under CONDITION G7.3.
G9 LANDLORD’S LICENCE
G9.1 Where the LOT is or includes leasehold land and licence to assign or sublet is required this CONDITION G9 applies.
G9.2 The CONTRACT is conditional on that licence being obtained, by way of formal licence if that is what the landlord lawfully requires.
G9.3 The AGREED COMPLETION DATE is not to be earlier than the date five BUSINESS DAYS after the SELLER has given notice to the BUYER that licence has been obtained (“licence notice”).
G9.4 The SELLER must (a) use all reasonable endeavours to obtain the licence at the SELLER’S expense; and (b) enter into any Authorised Guarantee Agreement (“AGA”) properly required (procuring a guarantee of that AGA if lawfully required by the landlord).
G9.5 The BUYER must promptly
(a) provide references and other relevant information; and (b) comply with the landlord’s lawful requirements.
G9.6 If within three months of the CONTRACT DATE (or such longer period as the SELLER and BUYER agree) the SELLER has not given licence notice to the BUYER the SELLER or the BUYER may (if not then in breach of any obligation under this CONDITION G9) by notice to the other terminate the CONTRACT at any time before the SELLER has given licence notice. That termination is without prejudice to the claims of either SELLER or BUYER for breach of this CONDITION G9.
G10 INTEREST AND APPORTIONMENTS
G10.1 If the ACTUAL COMPLETION DATE is after the AGREED COMPLETION DATE for any reason other than the SELLER’S default the BUYER must pay interest at the INTEREST RATE on the money due from the BUYER at COMPLETION for the period starting on the AGREED COMPLETION DATE and ending on the ACTUAL COMPLETION DATE.
G10.2 Subject to CONDITION G11 the SELLER is not obliged to apportion or account for any sum at COMPLETION unless the SELLER has received that sum in cleared funds. The SELLER must promptly pay to the BUYER after COMPLETION any sum to which the BUYER is entitled that the SELLER subsequently receives in cleared funds.
G10.3 Income and outgoings are to be apportioned at the ACTUAL COMPLETION DATE unless:
(a) the BUYER is liable to pay interest; and
(b) the SELLER has given notice to the BUYER at any time up to COMPLETION requiring apportionment on the date from which interest becomes payable by the BUYER; in which event income and outgoings are to be apportioned on the date from which interest becomes payable by the BUYER
G10.4 Apportionments are to be calculated on the basis that:
(a) the SELLER receives income and is liable for outgoings for the whole of the day on which apportionment is to be made;
(b) annual income and expenditure accrues at an equal daily rate assuming 365 days in a year (or 366 in a leap year), and income and expenditure relating to some other period accrues at an equal daily rate during the period to which it relates; and
(c) where the amount to be apportioned is not known at COMPLETION apportionment is to be made by reference to a reasonable estimate and further payment is to be made by SELLER or BUYER as appropriate within five BUSINESS DAYS of the date when the amount is known.
G10.5 If a payment due from the BUYER to the SELLER on or after COMPLETION is not paid by the due date, the BUYER is to pay interest to the SELLER
at the INTEREST RATE on that payment from the due date up to and including the date of payment.
G11 ARREARS
Part 1 – Current rent
G11.1 “Current rent” means, in respect of each of the TENANCIES subject to which the LOT is sold, the instalment of rent and other sums payable by the tenant on the most recent rent payment date on or within four months preceding COMPLETION
G11.2 If on COMPLETION there are any ARREARS of current rent the BUYER must pay them, whether or not details of those ARREARS are given in the SPECIAL CONDITIONS
G11.3 Parts 2 and 3 of this CONDITION G11 do not apply to ARREARS of current rent.
Part 2 – BUYER to pay for ARREARS
G11.4 Part 2 of this CONDITION G11 applies where the SPECIAL CONDITIONS give details of ARREARS
G11.5 The BUYER is on COMPLETION to pay, in addition to any other money then due, an amount equal to all ARREARS of which details are set out in the SPECIAL CONDITIONS.
G11.6 If those ARREARS are not OLD ARREARS the SELLER is to assign to the BUYER all rights that the SELLER has to recover those ARREARS. Part 3 – BUYER not to pay for ARREARS
G11.7 Part 3 of this CONDITION G11 applies where the SPECIAL CONDITIONS
(a) so state; or (b) give no details of any ARREARS
G11.8 While any ARREARS due to the SELLER remain unpaid the BUYER must:
(a) try to collect them in the ordinary course of management but need not take legal proceedings or forfeit the TENANCY;
(b) pay them to the SELLER within five BUSINESS DAYS of receipt in cleared funds (plus interest at the INTEREST RATE calculated on a daily basis for each subsequent day’s delay in payment);
(c) on request, at the cost of the SELLER, assign to the SELLER or as the SELLER may direct the right to demand and sue for OLD ARREARS, such assignment to be in such form as the SELLER’S conveyancer may reasonably require;
(d) if reasonably required, allow the SELLER’S conveyancer to have on loan the counterpart of any TENANCY against an undertaking to hold it to the BUYER’s order;
(e) not without the consent of the SELLER release any tenant or surety from liability to pay ARREARS or accept a surrender of or forfeit any TENANCY under which ARREARS are due; and
(f) if the BUYER disposes of the LOT prior to recovery of all ARREARS obtain from the BUYER’S
successor in title a covenant in favour of the SELLER in similar form to part 3 of this CONDITION G11.
G11.9 Where the SELLER has the right to recover ARREARS it must not without the BUYER’S written consent bring insolvency proceedings against a tenant or seek the removal of goods from the LOT.
G12 MANAGEMENT
G12.1 This CONDITION G12 applies where the LOT is sold subject to TENANCIES
G12.2 The SELLER is to manage the LOT in accordance with its standard management policies pending COMPLETION
G12.3 The SELLER must consult the BUYER on all management issues that would affect the BUYER after COMPLETION (such as, but not limited to, an application for licence; a rent review; a variation, surrender, agreement to surrender or proposed forfeiture of a TENANCY; or a new TENANCY or agreement to grant a new TENANCY) and:
(a) the SELLER must comply with the BUYER’s reasonable requirements unless to do so would (but for the indemnity in paragraph (c)) expose the SELLER to a liability that the SELLER would not otherwise have, in which case the SELLER may act reasonably in such a way as to avoid that liability;
(b) if the SELLER gives the BUYER notice of the SELLER’s intended act and the BUYER does not object within five BUSINESS DAYS giving reasons for the objection the SELLER may act as the SELLER intends; and
(c) the BUYER is to indemnify the SELLER against all loss or liability the SELLER incurs through acting as the BUYER requires, or by reason of delay caused by the BUYER
G13 RENT DEPOSITS
G13.1 Where any TENANCY is an assured shorthold TENANCY, the SELLER and the BUYER are to comply with their respective statutory duties in relation to the protection of tenants’ deposits, and to demonstrate in writing to the other (before COMPLETION, so far as practicable) that they have complied.
G13.2 The remainder of this CONDITION G13 applies where the SELLER is holding or otherwise entitled to money by way of rent deposit in respect of a TENANCY. In this CONDITION G13 “rent deposit deed” means the deed or other DOCUMENT under which the rent deposit is held.
G13.3 If the rent deposit is not assignable the SELLER must on COMPLETION hold the rent deposit on trust for the BUYER and, subject to the terms of the rent deposit deed, comply at the cost of the BUYER with the BUYER’s lawful instructions.
G13.4 Otherwise the SELLER must on COMPLETION pay and assign its interest in the rent deposit to the
BUYER under an assignment in which the BUYER covenants with the SELLER to:
(a) observe and perform the SELLER’s covenants and conditions in the rent deposit deed and indemnify the SELLER in respect of any breach;
(b) give notice of assignment to the tenant; and
(c) give such direct covenant to the tenant as may be required by the rent deposit deed.
G14 VAT
G14.1 Where a SALE CONDITION requires money to be paid or other consideration to be given, the payer must also pay any VAT that is chargeable on that money or consideration, but only if given a valid VAT invoice.
G14.2 Where the SPECIAL CONDITIONS state that no VAT OPTION has been made the SELLER confirms that none has been made by it or by any company in the same VAT group nor will be prior to COMPLETION
G15 TRANSFER AS A GOING CONCERN
G15.1 Where the SPECIAL CONDITIONS so state:
(a) the SELLER and the BUYER intend, and will take all practicable steps (short of an appeal) to procure, that the sale is treated as a TRANSFER of a going concern; and
(b) this CONDITION G15 applies.
G15.2 The SELLER confirms that the SELLER:
(a) is registered for VAT, either in the SELLER’S name or as a member of the same VAT group; and (b) has (unless the sale is a standard-rated supply) made in relation to the LOT a VAT OPTION that remains valid and will not be revoked before COMPLETION
G15.3 The BUYER confirms that
(a) it is registered for VAT, either in the BUYER’S name or as a member of a VAT group; (b) it has made, or will make before COMPLETION, a VAT OPTION in relation to the LOT and will not revoke it before or within three months after COMPLETION; (c) article 5(2B) of the Value Added Tax (Special Provisions) Order 1995 does not apply to it; and (d) it is not buying the LOT as a nominee for another person.
G15.4 The BUYER is to give to the SELLER as early as possible before the AGREED COMPLETION DATE evidence
(a) of the BUYER’S VAT registration; (b) that the BUYER has made a VAT OPTION; and (c) that the VAT OPTION has been notified in writing to HM Revenue and Customs; and if it does not produce the relevant evidence at least two BUSINESS DAYS before the AGREED COMPLETION DATE, CONDITION G14.1 applies at COMPLETION
G15.5 The BUYER confirms that after COMPLETION the BUYER intends to
(a) retain and manage the LOT for the BUYER’S own
benefit as a continuing business as a going concern subject to and with the benefit of the TENANCIES; and (b) collect the rents payable under the TENANCIES and charge VAT on them.
G15.6 If, after COMPLETION, it is found that the sale of the LOT is not a TRANSFER of a going concern then:
(a) the SELLER’s conveyancer is to notify the BUYER’s conveyancer of that finding and provide a VAT invoice in respect of the sale of the LOT; (b) the BUYER must within five BUSINESS DAYS of receipt of the VAT invoice pay to the SELLER the VAT due; and
(c) if VAT is payable because the BUYER has not complied with this CONDITION G15, the BUYER must pay and indemnify the SELLER against all costs, interest, penalties or surcharges that the SELLER incurs as a result.
G16 CAPITAL ALLOWANCES
G16.1 This CONDITION G16 applies where the SPECIAL CONDITIONS state that there are capital allowances available in respect of the LOT
G16.2 The SELLER is promptly to supply to the BUYER all information reasonably required by the BUYER in connection with the BUYER’S claim for capital allowances.
G16.3 The value to be attributed to those items on which capital allowances may be claimed is set out in the SPECIAL CONDITIONS
G16.4 The SELLER and BUYER agree:
(a) to make an election on COMPLETION under Section 198 of the Capital Allowances Act 2001 to give effect to this CONDITION G16; and (b) to submit the value specified in the SPECIAL CONDITIONS to HM Revenue and Customs for the purposes of their respective capital allowance computations.
G17 MAINTENANCE AGREEMENTS
G17.1 The SELLER agrees to use reasonable endeavours to TRANSFER to the BUYER, at the BUYER’s cost, the benefit of the maintenance agreements specified in the SPECIAL CONDITIONS
G17.2 The BUYER must assume, and indemnify the SELLER in respect of, all liability under such agreements from the ACTUAL COMPLETION DATE
G18 LANDLORD AND TENANT ACT 1987
G18.1 This CONDITION G18 applies where the sale is a relevant disposal for the purposes of part I of the Landlord and Tenant Act 1987.
G18.2 The SELLER warrants that the SELLER has complied with sections 5B and 7 of that Act and that the requisite majority of qualifying tenants has not accepted the offer.
G19 SALE BY PRACTITIONER
G19.1 This CONDITION G19 applies where the sale is by a PRACTITIONER either as SELLER or as agent of the SELLER
G19.2 The PRACTITIONER has been duly appointed and is empowered to sell the LOT.
G19.3 Neither the PRACTITIONER nor the firm or any member of the firm to which the PRACTITIONER belongs has any personal liability in connection with the sale or the performance of the SELLER’S obligations. The TRANSFER is to include a declaration excluding that personal liability.
G19.4 The LOT is sold
(a) in its condition at COMPLETION;
(b) for such title as the SELLER may have; and (c) with no title guarantee; and the BUYER has no right to terminate the CONTRACT or any other remedy if information provided about the LOT is inaccurate, incomplete or missing.
G19.5 Where relevant:
(a) the DOCUMENTS must include certified copies of those under which the PRACTITIONER is appointed, the DOCUMENT of appointment and the PRACTITIONER’S acceptance of appointment; and (b) the SELLER may require the TRANSFER to be by the lender exercising its power of sale under the Law of Property Act 1925.
G19.6 The BUYER understands this CONDITION G19 and agrees that it is fair in the circumstances of a sale by a PRACTITIONER
G20 TUPE
G20.1 If the SPECIAL CONDITIONS state “there are no employees to which TUPE applies”, this is a warranty by the SELLER to this effect.
G20.2 If the SPECIAL CONDITIONS do not state “there are no employees to which TUPE applies” the following paragraphs apply:
(a) The SELLER must notify the BUYER of those employees whose CONTRACTs of employment will TRANSFER to the BUYER on COMPLETION (the “Transferring Employees”). This notification must be given to the BUYER not less than 14 days before COMPLETION
(b) The BUYER confirms that it will comply with its obligations under TUPE and any SPECIAL CONDITIONS in respect of the TRANSFERring Employees.
(c) The BUYER and the SELLER acknowledge that pursuant and subject to TUPE, the CONTRACTs of employment between the TRANSFERring Employees and the SELLER will TRANSFER to the BUYER on COMPLETION
(d) The BUYER is to keep the SELLER indemnified against all liability for the TRANSFERring Employees after COMPLETION.
G21 ENVIRONMENTAL
G21.1 This CONDITION G21 only applies where the SPECIAL CONDITIONS so provide.
G21.2 The SELLER has made available such reports as the SELLER has as to the environmental condition of the LOT and has given the BUYER the opportunity to carry out investigations (whether or not the BUYER has read those reports or carried out any investigation) and the BUYER admits that the PRICE takes into account the environmental condition of the LOT.
G21.3 The BUYER agrees to indemnify the SELLER in respect of all liability for or resulting from the environmental condition of the LOT.
G22 SERVICE CHARGE
G22.1 This CONDITION G22 applies where the LOT is sold subject to TENANCIES that include service charge provisions.
G22.2 No apportionment is to be made at COMPLETION in respect of service charges.
G22.3 Within two months after COMPLETION the SELLER must provide to the BUYER a detailed service charge account for the service charge year current on COMPLETION showing:
(a) service charge expenditure attributable to each TENANCY;
(b) payments on account of service charge received from each tenant;
(c) any amounts due from a tenant that have not been received;
(d) any service charge expenditure that is not attributable to any TENANCY and is for that reason irrecoverable.
G22.4 In respect of each TENANCY, if the service charge account shows:
(a) that payments that the tenant has made on account exceed attributable service charge expenditure, the SELLER must pay to the BUYER an amount equal to that excess when it provides the service charge account; or
(b) that attributable service charge expenditure exceeds payments made on account, the BUYER must use all reasonable endeavours to recover the shortfall from the tenant as soon as practicable and promptly pay the amount so recovered to the SELLER; but in respect of payments on account that are still due from a tenant CONDITION G11 (ARREARS) applies.
G22.5 In respect of service charge expenditure that is not attributable to any TENANCY the SELLER must pay the expenditure incurred in respect of the period before ACTUAL COMPLETION DATE and the BUYER must pay the expenditure incurred in respect of the period after ACTUAL COMPLETION DATE. Any necessary monetary adjustment is to be made within five BUSINESS DAYS of the SELLER providing the
service charge account to the BUYER
G22.6 If the SELLER holds any reserve or sinking fund on account of future service charge expenditure or a depreciation fund:
(a) the SELLER must pay it (including any interest earned on it) to the BUYER on COMPLETION; and (b) the BUYER must covenant with the SELLER to hold it in accordance with the terms of the TENANCIES and to indemnify the SELLER if it does not do so.
G23 RENT REVIEWS
G23.1 This CONDITION G23 applies where the LOT is sold subject to a TENANCY under which a rent review due on or before the ACTUAL COMPLETION DATE has not been agreed or determined.
G23.2 The SELLER may continue negotiations or rent review proceedings up to the ACTUAL COMPLETION DATE but may not agree the level of the revised rent or commence rent review proceedings without the written consent of the BUYER, such consent not to be unreasonably withheld or delayed.
G23.3 Following COMPLETION the BUYER must complete rent review negotiations or proceedings as soon as reasonably practicable but may not agree the level of the revised rent without the written consent of the SELLER, such consent not to be unreasonably withheld or delayed.
G23.4 The SELLER must promptly:
(a) give to the BUYER full details of all rent review negotiations and proceedings, including copies of all correspondence and other papers; and (b) use all reasonable endeavours to substitute the BUYER for the SELLER in any rent review proceedings.
G23.5 The SELLER and the BUYER are to keep each other informed of the progress of the rent review and have regard to any proposals the other makes in relation to it.
G23.6 When the rent review has been agreed or determined the BUYER must account to the SELLER for any increased rent and interest recovered from the tenant that relates to the SELLER’s period of ownership within five BUSINESS DAYS of receipt of cleared funds.
G23.7 If a rent review is agreed or determined before COMPLETION but the increased rent and any interest recoverable from the tenant has not been received by COMPLETION the increased rent and any interest recoverable is to be treated as ARREARS.
G23.8 The SELLER and the BUYER are to bear their own costs in relation to rent review negotiations and proceedings.
G24 TENANCY RENEWALS
G24.1 This CONDITION G24 applies where the tenant under a TENANCY has the right to remain in occupation under part II of the Landlord and Tenant
Act 1954 (as amended) and references to notices and proceedings are to notices and proceedings under that Act.
G24.2 Where practicable, without exposing the SELLER to liability or penalty, the SELLER must not without the written consent of the BUYER (which the BUYER must not unreasonably withhold or delay) serve or respond to any notice or begin or continue any proceedings.
G24.3 If the SELLER receives a notice the SELLER must send a copy to the BUYER within five BUSINESS DAYS and act as the BUYER reasonably directs in relation to it.
G24.4 Following COMPLETION the BUYER must:
(a) with the co-operation of the SELLER take immediate steps to substitute itself as a party to any proceedings;
(b) use all reasonable endeavours to conclude any proceedings or negotiations for the renewal of the TENANCY and the determination of any interim rent as soon as reasonably practicable at the best rent or rents reasonably obtainable; and
(c) if any increased rent is recovered from the tenant (whether as interim rent or under the renewed TENANCY) account to the SELLER for the part of that increase that relates to the SELLER’s period of ownership of the LOT within five BUSINESS DAYS of receipt of cleared funds.
G24.5 The SELLER and the BUYER are to bear their own costs in relation to the renewal of the TENANCY and any proceedings relating to this.
G25 WARRANTIES
G25.1 Available warranties are listed in the SPECIAL CONDITIONS
G25.2 Where a warranty is assignable the SELLER must:
(a) on COMPLETION assign it to the BUYER and give notice of assignment to the person who gave the warranty; and
(b) apply for (and the SELLER and the BUYER must use all reasonable endeavours to obtain) any consent to assign that is required. If consent has not been obtained by COMPLETION the warranty must be assigned within five BUSINESS DAYS after the consent has been obtained.
G25.3 If a warranty is not assignable the SELLER must after COMPLETION:
(a) hold the warranty on trust for the BUYER; and (b) at the BUYER’s cost comply with such of the lawful instructions of the BUYER in relation to the warranty as do not place the SELLER in breach of its terms or expose the SELLER to any liability or penalty.
G26 NO ASSIGNMENT
G26.1 The BUYER must not assign, mortgage or otherwise TRANSFER or part with the whole or any part of the BUYER’s interest under this CONTRACT
G27 REGISTRATION AT THE LAND REGISTRY
G27.1 This CONDITION G27.1 applies where the LOT is leasehold and its sale either triggers first registration or is a registrable disposition. The BUYER must at its own expense and as soon as practicable:
(a) procure that it becomes registered at the Land Registry as proprietor of the LOT;
(b) procure that all rights granted and reserved by the lease under which the LOT is held are properly noted against the affected titles; and
(c) provide the SELLER with an official copy of the register relating to such lease showing itself registered as proprietor.
G27.2 This CONDITION G27.2 applies where the LOT comprises part of a registered title. The BUYER must at its own expense and as soon as practicable:
(a) apply for registration of the TRANSFER;
(b) provide the SELLER with an official copy and title plan for the BUYER’s new title; and
(c) join in any representations the SELLER may properly make to the Land Registry relating to the application.
G28 NOTICES AND OTHER COMMUNICATIONS
G28.1 All communications, including notices, must be in writing. Communication to or by the SELLER or the BUYER may be given to or by their conveyancers.
G28.2 A communication may be relied on if:
(a) delivered by hand; or
(b) made electronically and personally acknowledged (automatic acknowledgement does not count); or (c) there is proof that it was sent to the address of the person to whom it is to be given (as specified in the SALE MEMORANDUM) by a postal service that offers normally to deliver mail the next following BUSINESS DAY
G28.3 A communication is to be treated as received: (a) when delivered, if delivered by hand; or (b) when personally acknowledged, if made electronically; but if delivered or made after 1700 hours on a BUSINESS DAY a communication is to be treated as received on the next BUSINESS DAY
G28.4 A communication sent by a postal service that offers normally to deliver mail the next following BUSINESS DAY will be treated as received on the second BUSINESS DAY after it has been posted.
G29 CONTRACTS (Rights of Third Parties) Act 1999 No one is intended to have any benefit under the CONTRACT pursuant to the CONTRACTS (Rights of Third Parties) Act 1999.
G30 EXTRA GENERAL CONDITIONS
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AUCTION RESULTS
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