Stratford-upon-Avon Town Hall Wednesday 29th November 2023 | 6pm
Meet the team
Mike Cleary
Daniel Jackson Assoc RTPI
CUSTODIAN / CO-OWNER
CUSTODIAN / CO-OWNER
Matt Burrows BA (Hons), MNAEA
Will Glendenning
HEAD OF AUCTIONS / AUCTIONEER
AUCTION NEGOIATOR
Nik Kyriacou MARLA
Lara Hawkins ANAEA | CeMAP
ASSOCIATE DIRECTOR
BUSINESS DEVELOPMENT MANAGER
Our Story 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. In the 180 years since then it has grown and developed into a multi-disciplined estate, land and property agency with 11 specialist departments, a team of more than 140 and trusted by thousands of happy customers. Our auction department offers a complete auction service including four in-room auctions from Stratford-upon-Avon per year and online only auctions, both for traditional and modern method auction lots. If you would like more information on how we can sell your property or land at auction, please email head of auctions Matt Burrows at 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.
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.
Directions to the Town Hall Car: Easily accessed from the M40 via the A46, Stratford-upon-Avon is seven miles from Warwick, 12 miles from Leamington Spa, and 30 miles from Cheltenham. Parking: The Town Hall benefits from ample local parking in and around the town centre. The nearest car parks are at the multi storey NCP on Rother Street and Rother Market Square. There are numerous smaller car parks around the town centre. Nearest railway station: Stratford-upon-Avon railway station is 0.5 miles from the Town Hall with regular services to Leamington 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
Buyer’s Premium A buyer’s premium applies to each lot. This is normally £995 plus VAT (£1,194 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
Prior Sales & Withdrawn Lots
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.
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.
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.
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.
Faye Mulkeirins Stratford Lettings Manager
01789 206760 fmulkeirins@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.
LOOKING FOR A QUICKER MORE SECURE SALE FOR YOUR PROPERTY? Our next auction is Wednesday 28th Febuary 2024
Previous auction ed properties achiev
144% of their guide price
Order of Sale LOT
ADDRESS OF LOT
1
217, Bilford Road Worcester, Worcestershire, WR3 8HL
2
Talbot Cottage, 34a High Street Alcester, B49 5AB
3
3a, Avenue Road, Stratford-Upon-Avon, CV37 6UY
4
3a, Victoria Road Nuneaton, Warwickshire, CV10 0LS
5
2, St. John’s Warwick, CV34 4NF
6
Land Adjacent to Larch Corner, Hill Lane Upper Quinton, Stratford-upon-Avon, CV37 8TB
7
Freehold Interest 40, 42, 44 and 46, Brookside Court, Brookside Road Stratford-upon-Avon, CV37 9PH
8
Odell Electrics, Spitalfields Bedworth, Warwickshire, CV12 8HU
9
162, Grange Road Longford, Coventry, CV6 6DA
10
Land to the South of Wickhamford Lane, Evesham, WR11 7RP
11
9, Canon Hudson Close Coventry, CV3 3HT
12
The former Avon Sports & Social Club, Waterside, Evesham, Worcestershire, WR11 1BS
13
Sherwood Cottage, Village Street Aldington, Worcestershire, WR11 7YE
14
Flat 3, 1 Regent Place Leamington Spa, Warwickshire, CV31 1EH
LOTS
LOT 1
GUIDE PRICE
217, Bilford Road Worcester, Worcestershire, WR3 8HL
£185,000 KEY FEATURES 1. Well maintained and well proportioned accommodation 2. Popular and sought after residential area 3. Generous, mature private gardens 4. Easy access to the city centre, national road and rail links 5. No onward chain
Located on the popular Bilford Road, this traditional semi-detached bungalow offers well-proportioned and wellmaintained accommodation. The property offers further scope for some updating/modernisation. The property is accessed by one of two entrances on either side of the building. One entrance leads to the kitchen with the other accessing the central hallway connecting the accommodation. There are three double bedrooms, with the third currently being used as a snug. A large living room is to the front of the property, with a bathroom and fitted kitchen/diner to the rear. Completing the accommodation is a conservatory which overlooks the mature garden. Outside, to the front of the property is a mature fore garden predominately laid to lawn with shrub border and a driveway providing off-road parking for two to three cars which in turn accesses a gated area leading to a side/rear garden access. A further pathway leads to the front door. To the rear of the property is a generous mature garden with shrub beds/borders, ornamental fishpond, garden shed(s), lawned area, and patio area all enjoying a private westerly aspect. Positioned in a popular and sought-after residential area of Worcester, the location provides easy access to the city centre, national road and rail networks. The property is being sold with vacant possession and no onward chain.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Worcester City Council EPC - D
Seller’s solicitors Claudia Morris at Hallmark Hulme
LOT 2
GUIDE PRICE
Talbot Cottage, 34a High Street Alcester, B49 5AB
£85,000 KEY FEATURES 1. Fire damaged property in the heart of the historic centre of Alcester 2. Grade II Listed building 3. Consent for a three-bedroom dwelling 4. Large rear garden 5. Ideal development opportunity
The Grade II listed ‘Talbot Cottage’ has enormous potential to reinstate a fine property within the heart of Alcester. The property is semi-detached with The Three Tuns and has pedestrian access from the High Street and rear access via via the car park area at the rear of the Bear Pub. To the rear of the property is a very large garden. This property sustained significant fire damage following the fire that took hold of The Three Tuns in 2021. Talbot Cottage is adjacent to the public house and is now ripe for redevelopment with listed building consent approved for reinstatement works after fire damage. The full application can be found on the Stratford-upon-Avon e-planning system reference: 21/02391/LBC. There was a variation to the original consent to permit reinstatement of a three-bedroom dwelling, reference: 22/03513/VARY. Alcester is a popular market town with an abundance of local amenities. The town sits approximately eight miles from Stratford-upon-Avon, famous as the birthplace of William Shakespeare, and home to the Royal Shakespeare Theatre and attracts almost four million visitors a year. Stratford-upon-Avon is also a prosperous riverside market town with fine restaurants and pubs, a good choice of schools and excellent sporting and recreational amenities. The town is ideally placed for access to the M40, other major road and rail networks, and Birmingham International Airport.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Stratford-upon-Avon EPC - D
Seller’s solicitors Natalie Sheerin at Jephson Legal
LOT 3 3a, Avenue Road Stratford-upon-Avon, CV37 6UY3A
GUIDE PRICE
£450,000 KEY FEATURES 1. Handsome traditional threestorey town house 2. Spacious renovated accommodation throughout 3. Four double bedrooms and three bathrooms 4. Highly sought after prestigious address 5. Internal inspection essential
This lovely house is pleasantly situated on a tree-lined road in one of Stratford-upon-Avon’s most sought-after and prestigious residential vicinities. Here is a rare opportunity to acquire a most attractive and prominent traditional, freehold townhouse located within a comfortable 10-minute walk of Stratford-upon-Avon town centre and all it has to offer. The house has been subject to extensive renovation by the current owner and is offered for sale with no upward chain and with vacant possession. Set over three floors, internal inspection is absolutely imperative to fully appreciate the spacious interior. The accommodation briefly comprises; side entrance hall with stairs off to the first floor, a good-sized dining kitchen, having a comprehensive refitted range of attractive units, incorporating built-in appliances. There is a cloakroom/WC and a beautiful lounge incorporating a feature fireplace. To the first floor, there is a landing, and two double bedrooms, the master and guest bedrooms both benefit from a refitted bathroom en suite, whilst on the second floor there are two further double bedrooms, sharing a refitted bathroom. Outside there is a walled fore garden, and electric wrought iron sliding gates allowing access to a block paved driveway, providing parking for two vehicles. Side pedestrian access leads to a fully enclosed rear garden, having a paved patio area. Overall this is a most impressive property, in a really desirable location, and we recommend early inspection.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Stratford-upon-Avon EPC - G
Seller’s solicitors Mr David Lester at Blythe Liggins
LOT 4
GUIDE PRICE
3a, Victoria Road Nuneaton, Warwickshire, CV10 0LS
£40,000 KEY FEATURES 1. Ideal for buy to let investors 2. Property development opportunity 3. One bedroom first floor apartment 4. Cash buyers or auction finance only 5. Located in the popular area of Hartshill
This one-bedroom first-floor apartment is located in the popular Hartshill area of Nuneaton, close to the Snowhill Recreation Ground. Offering scope for modernising and improvement, this is an ideal opportunity for either a buyto-let investor or property developer. The entrance to the property is at the rear via a path to a staircase that leads into the central landing area. Doors from the landing lead to the double bedroom and living room. The large bedroom is bathed in natural light thanks to the large bay window to the front elevation. The well-proportioned living/dining room leads to the fitted kitchen which has a stainless steel sink with a drainer and there is a window to the side elevation. A door from the kitchen leads to the bathroom. Outside there is a rear garden, enclosed on all three sides.
General information Tenure: Leasehold 99 years from 1 December 1989, ground rent of £40 per annum, no service charge. The property is leasehold offering vacant possession on completion. Local authority: North Warwickshire EPC - D
Seller’s solicitors Jessica Heraghty at PM Property Lawyers
LOT 5 2, St. John’s Warwick, CV34 4NF
GUIDE PRICE
£160,000 KEY FEATURES 1. Grade II Listed C17th property 2. Accommodation of 1500 sq. ft. over three floors 3. In need of complete modernisation and renovation 4. Huge historic significance 5. Part of the former St John’s estate
A unique opportunity to acquire one of Warwick’s most historic buildings nestled in the heart of the county town. Originally part of the St John’s Estate and having spent nearly 200 years in the ownership of the Earl, this is the first time the property has been for sale in over 100 years. The Grade II listed building is thought to date from the 17th century and is of a traditional timber construction with 18th century stucco rendering. Like all such buildings, the property has evolved considerably over time, significantly being long ago part of a tannery, connected with the supply of hides from the cattle market (on the site of Weston Court) and the flow of water in St John’s Brook, now under the garden of the nearby St John’s Museum. The property occupies some 1,500 sq ft over three floors in the heart of St John’s, adjoining its neighbours. There are two reception rooms on the ground floor, along with a utility room, a rear hallway with doors to the garden, and a fitted kitchen. On the first floor, there are three bedrooms with the master located up a small stairway, and a family bathroom. Stairs lead to the second-floor loft room. To the rear of the property is a large garden. The property is in need of complete renovation and modernising but has the potential to be reinstated as a superb building given its history and location. There is visual evidence of structural issues with the property. A survey has not been carried out and buyers are to make their own enquiries.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Warwick
Seller’s solicitors Ms Rachel Simmonds at Moore & Tibbets Solicitors
LOT 6
GUIDE PRICE
Land Adjacent to Larch Corner, Hill Lane Upper Quinton, Stratford-upon-Avon, CV37 8TB
£85,000 KEY FEATURES 1. Highly desirable Warwickshire village 2. 1.046 parcel of freehold amenity/agricultural land 3. Self-build development opportunity (Subject to planning permission) 4. Proposed 3 one and a half storey detached 3 bedroom ‘Passivhaus’ houses
Situated on the edge of the highly desirable village of Upper Quinton, sits this 1.046 acre parcel of land with a preapplication report for the erection of three new self-build Passivhaus dwellings. The freehold land is currently agricultural/amenity land, bound by dense hedgerow and to the rear of the residential property on the edge of Upper Quinton. The ‘double village’ of Upper Quinton and Lower Quinton is located approximately seven miles from Stratford-upon-Avon and is on the fringes of the Cotswolds Area of Natural Beauty. Upper Quinton is located away from the main road and has the benefit of an open green, many delightful character properties, and access to pleasant walks. The present owner has submitted a pre-application to Stratford-upon-Avon District Council: PREAPP/00014/22. The conclusion of the pre-app is as follows: “The proposal seeks to erect three new self-build Passivhaus dwellings in the countryside which would not meet any of the development forms supported in principle by policies AS.10 or CS.15. However, the shortfall in Self and Custom Build Housing Schemes, and the obligation for Authorities to maintain a rolling delivery of plots for selfbuild and custom housing, weighs in favour of the proposed development. If a forthcoming application were to be submitted, I consider that the applicant must explicitly state that they are applying for a self-build scheme, demonstrate that the scheme meets a local need identified by the local community, and if minded to support, the development would be subject to a S106 legal agreement.” While a pre-application falls short of detailed or outline planning permission, the pre-application is an indication of the thoughts of the local authority on the proposed development and buyers should make their own enquiries on future uses for the land.
General information Tenure: Freehold The land is freehold offering vacant possession on completion. Local authority: Stratford-upon-Avon
Seller’s solicitors Natalie Sheerin at Jephson Legal
LOT 7 Freehold interest 40, 42, 44 and 46, Brookside Road, Stratford-upon-Avon, CV37 9PH
GUIDE PRICE
£1,000 KEY FEATURES 1. Freehold ground rents 2. Residential block with four long leasehold residential flats 3. Four garages associated with each flat 4. Ground rent of £60 per unit per annum 5. Ground rent total of £240 per annum 6. Lease approximately 151 years
The freehold interest of Brookside Court, four residential properties, each with a garage, in the popular market town of Stratford-upon-Avon. The property comprises a two-story detached residential block with four long leasehold residential flats contained therein. To the rear are the garages for each respective flat. The freeholder has the right to receive the ground rents plus any potential sums due from leasehold extensions in the future. Numbers 40, 42, 44 and 46 Brookside Road and garage subject to lease of between 189 and 198 years from 25th March 1976. All units pay £60 per annum with a combined rent of £240 per annum. This will increase to £60 per annum per unit in 2042 with a combined rent of £480 per annum. The property is set within a principally residential area to the west of Stratford-upon-Avon town centre. Stratford is an historic market town, home of William Shakespeare and popular tourist destination offering a wide range of retail and leisure amenities including the world-renowned Royal Shakespeare Theatre. It is located some 25 miles south of Birmingham and within commuting distance of other commercial centres of the Midlands. The M40 motorway provides access throughout the region to the southeast. The town is also served by two mainline railway stations.
General information Tenure: Freehold ground rents Lease length: Various, as noted above. Local authority: Stratford-upon-Avon
Seller’s solicitors Mr Steven Baker at Lodders Solicitors LLP
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AGRICULTURE, HORTICULTURE, LAND AND ESTATE MANAGEMENT If you would like to find out more about how our team can help you convert barns into dwellings or any other matters, please feel free to talk to us here tonight. For more information please contact the rural team on 01789 387881 or email
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LOT 8
GUIDE PRICE
SO
Odell Electrics, Spitalfields, Bedworth, LD PR Warwickshire, CV12 8HU IO
£80,000 RT
O
AU
CT
KEY FEATURES
IO
N
1. Retail unit 2. Town centre freehold 3. GIA 111.95m2 (1,205 sq.ft) 4. Just off King Street 5. Rateable value £10,250 6. EPC Band C
A freehold, town centre retail unit suitable for a number of alternative uses. The property has previously been used as an electrical retail unit, but it could be used for a number of different uses or redevelopment, subject to planning permission. The construction of the unit is of a steel truss roof with brick elevations. There is a suspended ceiling grid internally with fluorescent lighting inset with a steel roller security shutter to the main sales display window. It is situated within a prominent trading position just off King Street in Bedworth and in close proximity to a number of national retailers including Domino’s, Card Factory, Boots, Savers, Tesco Extra, JD Wetherspoon, Costa Coffee, Greggs, along with local, independent retailers. Bedworth (population 40,000) has good transport links situated immediately north of the M6 motorway at junction 3, with access via the (A444) dual carriageway bypass. The A444 also provides fast access to Nuneaton, the Ricoh Arena, the Arena Retail Park and northern/central Coventry.
General information Tenure: Freehold The property and land are freehold offering vacant possession on completion. Local authority: Nuneaton and Bedworth EPC - C
Seller’s solicitors Natalie Sheerin at Jephson Legal
LOT 9
GUIDE PRICE
162, Grange Road Longford, Coventry, CV6 6DA
£250,000 KEY FEATURES 1. Popular residential location 2. Overall site is 0.3 acres 3. Property in need of modernisation 4. Three bedroom traditional semi detached property 5. Potential building plot (subject to planning permission)
A traditional semi-detached property sat in an overall plot of 0.3 acres making the land to the rear a potential building plot, subject to planning permission. The property is located in the popular area of Longford to the north of Coventry. The property is of traditional construction and is in need of modernisation and improvement throughout. On the ground floor, there is a fitted kitchen with sink and drainer with a large full-length lounge/diner. On the first floor, there are three bedrooms and a family bathroom. Outside, there is a WC and store. To the immediate rear of the house is a garden area. To the side of the rear garden, and set behind other properties, is a parcel of amenity-type land. This would make an ideal building plot for future development subject to planning permission with access along the side of the main property. Buyers should make their own enquiries about the viability of achieving planning permission and future potential use of the site. Longford is a popular residential area to the north of Coventry city centre, which is about six miles from the property. The area has excellent transport links with the M6 Junction 3 only two miles away. Popular with families, there are good local amenities and Longford Park is only a few hundred yards away.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Coventry EPC - E
Seller’s solicitors Natalie Sheerin at Jephson Legal
LOT 10
GUIDE PRICE
Land to the South of, Wickhamford Lane Wickhamford, Evesham, WR11 7RP
£45,000 KEY FEATURES 1. 4.606 acre of freehold agricultural/amenity land 2. Occupying an elevated position with superb views 3. Close to Evesham 4. Split into two parcels of land with wire fencing 5. Small collection of containers on site
Land on the South Side of Wickhamford Land offers a rare opportunity to purchase a 4.606-acre parcel of freehold agricultural/amenity land. The parcel of land is currently separated into two paddocks, each of just over approximately two acres, separated by a wire fence. The land is accessed from Wickhamford Lane, a private drive off the A44 on the eastern edge of Evesham, approximately one mile from the town centre. The land is accessed from a small track off Wickhamford Lane. On the edge of the land, there is a small collection of storage units/containers which will remain in situ. The boundaries comprise mature trees and hedgerows, wire fencing, and a small brook. The Lot will be sold as seen. The agent understands that there are no overage provisions associated with the Land, however, buyers should make their own enquiries. Situation: The field is situated just off the A44, outside Evesham. The access to the field is via a padlocked six-bar gate off the A44 which leads to the private drive, Wickhamford Lane. Each owner will receive the code to the gate for access. The land is situated approximately half a mile along the Lane. Evesham is a popular Worcestershire market town, serviced by good local road networks.
General information Tenure: Freehold The land is freehold offering vacant possession on completion. Local authority: Wychavon
Seller’s solicitors Natalie Sheerin at Jephson Legal
LOT 11
GUIDE PRICE
9, Canon Hudson Close Coventry, CV3 3HT
£150,000 KEY FEATURES 1. Well presented three bedroom semi-detached property 2. Located in a popular residential area 3. Garage with off road parking 4. End of a no through road 5. Large conservatory 6. Low maintenance rear garden
A modern three-bedroom semi-detached property located at the end of a no-through road in a popular residential area. This is a great opportunity for a buy-to-let investor, first-time buyers or families and offers a ‘key turn’ solution as the property is well-presented throughout. On the ground floor, there is an entrance hallway with stairs leading to the first floor, a lounge with access to under-stairs storage, and a fitted kitchen/diner with sliding patio doors leading to the conservatory. On the first floor, there are two double bedrooms and a single bedroom, with the master having fitted wardrobes, and a family bathroom. There is a gas fired central heating system and double glazing throughout. Outside, the property offers a low-maintenance rear garden which is predominately laid to lawn with a patio area and side access. There is an attached single garage and driveway to the front providing off-road parking for two vehicles. Situated in South Coventry, the property is close to Toll Bar End and is ideally located for commuters being close to the A46 Leamington and Warwick Bypass, the A46 Coventry Eastern Bypass (heading North towards the M69 and M6), and also the A45 Birmingham and London Rd. The property is also ideally positioned for access to good local schools with local amenities being just a short walk away.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Coventry EPC - C
Seller’s solicitors Ms Preeti Lekhi at Seymours Solicitors
LOT 12
GUIDE PRICE
The former Avon Sports & Social Club, Waterside, Evesham, Worcestershire, WR11 1BS
£230,000 KEY FEATURES 1. Freehold development site 2. Former Sports & Social Club 3. Area extending to 0.37 acres (1496m2) 4. Re-development potential 5. Close to Evesham town centre 6. Development briefing note available
This Lot was unsold at the September auction. Please contact the team if you would like to arrange a viewing or submit a post-auction offer to the vendor. The former Avon Sports & Social Club, Waterside occupies land to the rear of the Blue Lagoon Indian Restaurant in Evesham. It is accessed directly from Waterside. Waterside is one of the main thoroughfares into Evesham town centre, benefitting from a high volume of passing traffic. Waterside is the B4035 which links Evesham with Pershore. Waterside links with Port Street and the area around Waterside benefits from many licensed and unlicensed restaurants. Port Street has also benefitted from the re-opening of the Regal Cinema. We have not inspected the club. We understand it requires refurbishment/redevelopment. The plot area extends to 16,108ft (1,496m). Access is via third-party land, there is an archway that leads directly from Waterside to a private track. The property lies to the east of the access track. Evesham is a market town with a population of approximately 24,000 people. The town benefits from a mainline railway station (London Paddington to Hereford). It has a hospital, schools, leisure, and sports facilities, popular supermarkets, and out-of-town retailing.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Wychavon
Seller’s solicitors Natalie Sheerin at Jephson Legal
LOT 13
GUIDE PRICE
W Sherwood Cottage, Village Street Aldington, ITH Worcestershire, WR11 7YE TO DRA AU WN CT PR IO IO N R
£300,000 KEY FEATURES 1. Character property 2. Oozing with potential 3. Village location 4. Three bedrooms 5. Conservation area 6. 18th Century Home (not listed) 7. Car Port
An early 18th-century home oozing with potential and located in a sought-after village. Sherwood Cottage is a charming 18th-century home forming part of the Conservation Area in the hamlet of Aldington. This period property offers a great opportunity to put your own stamp on a home whilst retaining lovely original features. The property comprises a living room, dining room with fireplace and dual aspect windows, kitchen, utility, and shower room. The first floor comprises a master bedroom with a walk-in dressing room that has the potential to be made into an en suite, a second double bedroom and a third single bedroom. Externally, the property benefits from a parking space, a carport, and two stores. The rear west-facing garden is laid to lawn with an array of mature flowers and boasts a private position.
General information Tenure: Freehold The property is freehold offering vacant possession on completion. Local authority: Wychavon EPC - G
Seller’s solicitors Natalie Sheerin at Jephson Legal
THINKING OF DEVELOPING YOUR LAND OR PROPERTY? OUR ARCHITECTURE AND STRATEGIC LAND DEPARTMENTS CAN HELP
From site appraisal to site sale the Sheldon Bosley Knight strategic land and development team offers developers and landowners a comprehensive and professional service from start to finish. Whether the sites are for one new dwelling or a large urban extension, our team has a huge amount of experience in handling all development matters. Our expert team will tailor agreements to suit every client’s needs ensuring a bespoke service that protects their interests. If you would like to talk to us regarding your next venture, please call and one of our team will be more than happy to help.
Natasha Blackmore da Silva Associate Director - Planning and Architecture
01789 387880 nbdasilva@sheldonbosleyknight.co.uk
Alick Petit Land and Development Manager
01789 387880 apetit@sheldonbosleyknight.co.uk
LOT 14
GUIDE PRICE
Flat 3, 1 Regent Place Leamington Spa, Warwickshire, CV31 1EH
£135,000 KEY FEATURES 1. Occupying the entire third floor of this prominent Grade II listed building 2. Fantastic location in the heart of Leamington Spa 3. In need of modernisation 4. Three bedroom apartment 5. Rail station within easy reach
A superb development opportunity to modernise and redevelop this apartment that covers the entire third floor of this substantial Grade II listed building in the heart of historic Leamington Spa. The property is accessed from Regent Place and a central stairway leads to the apartment. The hallway has doors leading to all the accommodation. All three bedrooms are well-proportioned double rooms. The living room has a fantastic aspect over Leamington Spa through a window at the curved corner of the room, with two additional windows that bathe the room with natural light. The fitted kitchen has a range of fitted units with a sink with a drainer. Completing the accommodation is a family bathroom. In 2021, the current owners redeveloped the first-floor apartment into a stunning property. Although this property sold by Sheldon Bosley Knight in 2022, you can see the archived property details here: rightmove.co.uk/ properties/118915121. The apartment is conveniently situated in the town centre, five minutes from the train station, and handily located for local shops and restaurants. It is situated above the award-winning Temperance café. Residents’ permit parking is available from WDC.
General information Tenure: Leasehold Lease length: 125 years from 1 January 2022, service charge £1381 plus insurance per annum. Local authority: Warwick
Seller’s solicitors Mr Alex Khan at Brindley Twist Taft & James LLP
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
ARREARS SCHEDULE
CONDITIONS and the SALE CONDITIONS.
The ARREARS schedule (if any) forming part of the
It is a compulsory section of the Common AUCTION
SPECIAL CONDITIONS.
Conditions that must be included without variation (but the SPECIAL CONDITIONS may include defined words that differ from the glossary so long as they
AUCTION The AUCTION advertised in the CATALOGUE.
apply only to the SPECIAL CONDITIONS).
AUCTION CONDUCT CONDITIONS
The laws of England and Wales apply to the
The conditions so headed, including any extra
CONDITIONS and YOU, WE, the SELLER and the
AUCTION CONDUCT CONDITIONS.
BUYER all submit to the jurisdiction of the Courts of England and Wales. Wherever it makes sense: •
AUCTIONEERS The auctioneers at the AUCTION.
singular words can be read as plurals, and plurals as
BUSINESS DAY
singular words;
Any day except (a) Saturday or Sunday or (b) a bank
•
a “person” includes a corporate body;
or public holiday in England and Wales.
•
words of one gender include the other genders;
•
references to legislation are to that legislation as it
BUYER
may have been modified or re-enacted by the
The person who agrees to buy the LOT or, if applicable,
date of the AUCTION or the CONTRACT DATE
that person’s personal representatives: if two or more
(as applicable); and
are jointly the BUYER their obligations can be enforced
where the following words appear in small capitals
against them jointly or against each of them separately.
•
they have the specified meanings.
CATALOGUE
ACTUAL COMPLETION DATE
The catalogue for the AUCTION as it exists at the date
The date when COMPLETION takes place or is treated
of the AUCTION (or, if the catalogue is then different,
as taking place for the purposes of apportionment and
the date of the CONTRACT) including any ADDENDUM
calculating interest.
and whether printed or made available electronically.
ADDENDUM
COMPLETION
An amendment or addition to the CONDITIONS or to
Unless the SELLER and the BUYER otherwise agree,
the PARTICULARS or to both whether contained in a
the occasion when they have both complied with the
supplement to the CATALOGUE, a written notice from
obligations under the CONTRACT that they are obliged
the AUCTIONEERS or an oral announcement at the
to comply with prior to COMPLETION, and the amount
AUCTION.
payable on COMPLETION has been unconditionally received in the SELLER’S conveyancer’s client
AGREED COMPLETION DATE
account (or as otherwise required by the terms of the
Subject to CONDITION G9.3:
CONTRACT).
a) the date specified in the SPECIAL CONDITIONS; or b) if no date is specified, 20 BUSINESS DAYS after the
CONDITION
CONTRACT DATE; but if that date is not a
One of the AUCTION CONDUCT CONDITIONS or SALE
BUSINESS DAY the first subsequent BUSINESS DAY.
CONDITIONS.
APPROVED FINANCIAL INSTITUTION
CONTRACT
Any bank or building society that is regulated by a
The CONTRACT by which the SELLER agrees to sell
competent UK regulatory authority or is otherwise
and the BUYER agrees to buy the LOT.
acceptable to the AUCTIONEERS.
CONTRACT DATE
ARREARS
The date of the AUCTION or, if the LOT is sold before
ARREARS of rent and other sums due under the
or after the AUCTION:
TENANCIES and still outstanding on the ACTUAL
a) the date of the SALE MEMORANDUM signed by
COMPLETION DATE.
both the SELLER and BUYER; or
b) if CONTRACTs are exchanged, the date of
PRICE
exchange. If exchange is not effected in person or
The PRICE (exclusive of VAT) the BUYER agrees to pay
by an irrevocable agreement to exchange made by
for the LOT.
telephone, fax or electronic mail the date of exchange is the date on which both parts have been
READY TO COMPLETE
signed and posted or otherwise placed beyond
Ready, willing and able to complete: if COMPLETION
normal retrieval.
would enable the SELLER to discharge all FINANCIAL CHARGES secured on the LOT that have to be
DOCUMENTS
discharged by COMPLETION, then those outstanding
DOCUMENTS of title including, if title is registered,
financial charges do not prevent the SELLER from
the entries on the register and the title plan and other
being READY TO COMPLETE.
DOCUMENTS listed or referred to in the SPECIAL CONDITIONS relating to the LOT (apart from
SALE CONDITIONS
FINANCIAL CHARGES).
The GENERAL CONDITIONS as varied by any SPECIAL
EXTRA GENERAL CONDITIONS
CONDITIONS or ADDENDUM.
Any CONDITIONS added or varied by the
SALE MEMORANDUM
AUCTIONEERS starting at CONDITION G30.
The form so headed (whether or not set out in the
FINANCIAL CHARGE A charge to secure a loan or other financial
CATALOGUE) in which the terms of the CONTRACT for the sale of the LOT are recorded.
indebtedness (but not including a rent charge or local
SELLER
land charge).
The person selling the LOT. If two or more are jointly
GENERAL CONDITIONS The SALE CONDITIONS headed ‘GENERAL
the SELLER their obligations can be enforced against them jointly or against each of them separately.
CONDITIONS OF SALE’, including any EXTRA
SPECIAL CONDITIONS
GENERAL CONDITIONS.
Those of the SALE CONDITIONS so headed that relate
INTEREST RATE
to the LOT.
If not specified in the SPECIAL CONDITIONS, the
TENANCIES
higher of 6% and 4% above the base rate from time
TENANCIES, leases, licences to occupy and
to time of Barclays Bank plc. The INTEREST RATE will
agreements for lease and any DOCUMENTS varying or
also apply to any judgment debt, unless the statutory
supplemental to them.
rate is higher. LOT Each separate property described in the CATALOGUE or (as the case may be) the property that the SELLER
TENANCY SCHEDULE The schedule of TENANCIES (if any) forming part of the SPECIAL CONDITIONS.
has agreed to sell and the BUYER to buy (including
TRANSFER
chattels, if any).
TRANSFER includes a conveyance or assignment (and
OLD ARREARS
“to TRANSFER” includes “to convey” or “to assign”).
ARREARS due under any of the TENANCIES that are
TUPE
not “new TENANCIES” as defined by the Landlord and
The TRANSFER of Undertakings (Protection of
Tenant (Covenants) Act 1995.
Employment) Regulations 2006.
PARTICULARS
VAT
The section of the CATALOGUE that contains
Value Added Tax or other tax of a similar nature.
descriptions of each LOT (as varied by any ADDENDUM).
VAT OPTION An option to tax. We (and Us and Our).
PRACTITIONER
THE AUCTIONEERS
An insolvency PRACTITIONER for the purposes of
You (and Your)
the Insolvency Act 1986 (or, in relation to jurisdictions
Someone who has seen the CATALOGUE or who
outside the United Kingdom, a person undertaking a
attends or bids at or otherwise participates in the
similar role).
AUCTION, whether or not a BUYER.
Auction Conduct Conditions Words in small capitals have the special meanings defined in the Glossary.
A3.3 If there is a dispute over bidding WE are entitled to resolve it, and OUR decision is final.
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.
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.
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.
A3.5 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.
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.
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,
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
(a)
force following COMPLETION.
information; and
G7
(b)
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
provide references and other relevant 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:
and appoints the SELLER its agent to cancel any
(a)
the BUYER is liable to pay interest; and
registration of the CONTRACT; and
(b)
the SELLER has given notice to the BUYER at
(b)
the SELLER must return the deposit and any
any time up to COMPLETION requiring apportionment
interest on it to the BUYER (and the BUYER may
on the date from which interest becomes payable by
claim it from the stakeholder, if applicable) unless
the BUYER; in which event income and outgoings are
the SELLER is entitled to forfeit the deposit under
to be apportioned on the date from which interest
CONDITION G7.3.
becomes payable by the BUYER.
G9
G10.4 Apportionments are to be calculated on the
LANDLORD’S LICENCE
G9.1 Where the LOT is or includes leasehold land and
basis that:
licence to assign or sublet is required this CONDITION
(a)
G9 applies.
for outgoings for the whole of the day on which
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”).
the SELLER receives income and is liable
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
G9.4 The SELLER must
by reference to a reasonable estimate and further
(a)
payment is to be made by SELLER or BUYER as
use all reasonable endeavours to obtain the
licence at the SELLER’S expense; and
appropriate within five BUSINESS DAYS of the date
(b)
when the amount is known.
enter into any Authorised Guarantee Agreement
(“AGA”) properly required (procuring a guarantee of
G10.5
that AGA if lawfully required by the landlord).
SELLER on or after COMPLETION is not paid by the
G9.5 The BUYER must promptly
due date, the BUYER is to pay interest to the SELLER
If a payment due from the BUYER to the
at the INTEREST RATE on that payment from the due
successor in title a covenant in favour of the SELLER in
date up to and including the date of payment.
similar form to part 3 of this CONDITION G11.
G11
ARREARS
G11.9 Where the SELLER has the right to recover
Part 1 – Current rent
ARREARS it must not without the BUYER’S written
G11.1 “Current rent” means, in respect of each of the
consent bring insolvency proceedings against a tenant
TENANCIES subject to which the LOT is sold, the
or seek the removal of goods from the LOT.
instalment of rent and other sums payable by the
G12 MANAGEMENT
tenant on the most recent rent payment date on or
G12.1 This CONDITION G12 applies where the LOT is
within four months preceding COMPLETION.
sold subject to TENANCIES.
G11.2 If on COMPLETION there are any ARREARS of
G12.2 The SELLER is to manage the LOT in accordance
current rent the BUYER must pay them, whether or
with its standard management policies pending
not details of those ARREARS are given in the
COMPLETION.
SPECIAL CONDITIONS.
G12.3 The SELLER must consult the BUYER on all
G11.3 Parts 2 and 3 of this CONDITION G11 do not apply
management issues that would affect the BUYER
to ARREARS of current rent.
after COMPLETION (such as, but not limited to, an
Part 2 – BUYER to pay for ARREARS
application for licence; a rent review; a variation,
G11.4 Part 2 of this CONDITION G11 applies where the
surrender, agreement to surrender or proposed
SPECIAL CONDITIONS give details of ARREARS.
forfeiture of a TENANCY; or a new TENANCY or
G11.5 The BUYER is on COMPLETION to pay, in addition
agreement to grant a new TENANCY) and: the SELLER must comply with the BUYER’s
to any other money then due, an amount equal to all
(a)
ARREARS of which details are set out in the
reasonable requirements unless to do so would (but for
SPECIAL CONDITIONS.
the indemnity in paragraph (c)) expose the SELLER to
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.
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
G11.8 While any ARREARS due to the SELLER remain
loss or liability the SELLER incurs through acting as the
unpaid the BUYER must:
BUYER requires, or by reason of delay caused by
(a)
the BUYER.
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
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
any tenant or surety from liability to pay ARREARS or
for the BUYER and, subject to the terms of the rent
accept a surrender of or forfeit any TENANCY under
deposit deed, comply at the cost of the BUYER with
which ARREARS are due; and
the BUYER’s lawful instructions.
if the BUYER disposes of the LOT prior to
G13.4 Otherwise the SELLER must on COMPLETION
recovery of all ARREARS obtain from the BUYER’S
pay and assign its interest in the rent deposit to the
(f)
BUYER under an assignment in which the BUYER
benefit as a continuing business as a going concern
covenants with the SELLER to:
subject to and with the benefit of the TENANCIES; and
(a)
observe and perform the SELLER’s covenants and
(b)
collect the rents payable under the TENANCIES
conditions in the rent deposit deed and indemnify the
and charge VAT on them.
SELLER in respect of any breach;
G15.6 If, after COMPLETION, it is found that the sale of
(b)
give notice of assignment to the tenant; and
the LOT is not a TRANSFER of a going concern then:
(c)
give such direct covenant to the tenant as may be
(a)
the SELLER’s conveyancer is to notify the
required by the rent deposit deed.
BUYER’s conveyancer of that finding and provide a
G14 VAT
VAT invoice in respect of the sale of the LOT;
G14.1 Where a SALE CONDITION requires money to be
(b)
paid or other consideration to be given, the payer must
receipt of the VAT invoice pay to the SELLER the VAT
also pay any VAT that is chargeable on that money or
due; and
consideration, but only if given a valid VAT invoice.
(c)
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,
the BUYER must within five BUSINESS DAYS of
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.
that the sale is treated as a TRANSFER of a going
G16.2 The SELLER is promptly to supply to the BUYER
concern; and
all information reasonably required by the BUYER
(b)
this CONDITION G15 applies.
G15.2 The SELLER confirms that the SELLER: (a)
is registered for VAT, either in the SELLER’S
in connection with the BUYER’S claim for capital allowances. G16.3 The value to be attributed to those items on
name or as a member of the same VAT group; and
which capital allowances may be claimed is set out in
(b)
the SPECIAL CONDITIONS.
has (unless the sale is a standard-rated supply)
made in relation to the LOT a VAT OPTION that
G16.4 The SELLER and BUYER agree:
remains valid and will not be revoked before
(a)
COMPLETION.
Section 198 of the Capital Allowances Act 2001 to give
G15.3 The BUYER confirms that
effect to this CONDITION G16; and
(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
(b)
to make an election on COMPLETION under
to submit the value specified in the SPECIAL
CONDITIONS to HM Revenue and Customs for the purposes of their respective capital allowance
VAT OPTION in relation to the LOT and will not revoke
computations.
it before or within three months after COMPLETION;
G17 MAINTENANCE AGREEMENTS
(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
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.
(a)
of the BUYER’S VAT registration;
(b)
that the BUYER has made a VAT OPTION; and
G18 LANDLORD AND TENANT ACT 1987
(c)
that the VAT OPTION has been notified in
G18.1 This CONDITION G18 applies where the sale is
writing to HM Revenue and Customs; and if it does not
a relevant disposal for the purposes of part I of the
produce the relevant evidence at least two BUSINESS
Landlord and Tenant Act 1987.
DAYS before the AGREED COMPLETION DATE,
G18.2 The SELLER warrants that the SELLER has
CONDITION G14.1 applies at COMPLETION.
complied with sections 5B and 7 of that Act and that
G15.5 The BUYER confirms that after COMPLETION the
the requisite majority of qualifying tenants has not
BUYER intends to
accepted the offer.
(a)
retain and manage the LOT for the BUYER’S own
G19 SALE BY PRACTITIONER
G21 ENVIRONMENTAL
G19.1 This CONDITION G19 applies where the sale is by
G21.1 This CONDITION G21 only applies where the
a PRACTITIONER either as SELLER or as agent of
SPECIAL CONDITIONS so provide.
the SELLER.
G21.2 The SELLER has made available such reports as
G19.2 The PRACTITIONER has been duly appointed
the SELLER has as to the environmental condition of
and is empowered to sell the LOT.
the LOT and has given the BUYER the opportunity to
G19.3 Neither the PRACTITIONER nor the firm or any
carry out investigations (whether or not the BUYER
member of the firm to which the PRACTITIONER
has read those reports or carried out any investigation)
belongs has any personal liability in connection
and the BUYER admits that the PRICE takes into
with the sale or the performance of the SELLER’S
account the environmental condition of the LOT.
obligations. The TRANSFER is to include a declaration
G21.3 The BUYER agrees to indemnify the SELLER
excluding that personal liability.
in respect of all liability for or resulting from the
G19.4
The LOT is sold
environmental condition of the LOT.
(a)
in its condition at COMPLETION;
G22 SERVICE CHARGE
(b)
for such title as the SELLER may have; and
G22.1 This CONDITION G22 applies where the LOT is
(c)
with no title guarantee; and the BUYER has no
sold subject to TENANCIES that include service
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.
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;
G19.6 The BUYER understands this CONDITION G19
(c)
and agrees that it is fair in the circumstances of a sale
been received;
by a PRACTITIONER.
(d)
G20 TUPE
attributable to any TENANCY and is for that
G20.1 If the SPECIAL CONDITIONS state “there are no
reason irrecoverable.
employees to which TUPE applies”, this is a warranty by
G22.4
the SELLER to this effect.
charge account shows:
G20.2
If the SPECIAL CONDITIONS do not state
(a)
any amounts due from a tenant that have not any service charge expenditure that is not
In respect of each TENANCY, if the service
that payments that the tenant has made
“there are no employees to which TUPE applies” the
on account exceed attributable service charge
following paragraphs apply:
expenditure, the SELLER must pay to the BUYER an
(a)
The SELLER must notify the BUYER of those
amount equal to that excess when it provides the
employees whose CONTRACTs of employment will
service charge account; or
TRANSFER to the BUYER on COMPLETION (the
(b)
“Transferring Employees”). This notification must be
exceeds payments made on account, the BUYER must
given to the BUYER not less than 14 days
use all reasonable endeavours to recover the shortfall
before COMPLETION.
from the tenant as soon as practicable and promptly
(b)
The BUYER confirms that it will comply with its
that attributable service charge expenditure
pay the amount so recovered to the SELLER; but in
obligations under TUPE and any SPECIAL CONDITIONS
respect of payments on account that are still due from
in respect of the TRANSFERring Employees.
a tenant CONDITION G11 (ARREARS) applies.
(c)
The BUYER and the SELLER acknowledge that
G22.5
In respect of service charge expenditure
pursuant and subject to TUPE, the CONTRACTs of
that is not attributable to any TENANCY the SELLER
employment between the TRANSFERring Employees
must pay the expenditure incurred in respect of the
and the SELLER will TRANSFER to the BUYER
period before ACTUAL COMPLETION DATE and the
on COMPLETION.
BUYER must pay the expenditure incurred in respect
The BUYER is to keep the SELLER indemnified
of the period after ACTUAL COMPLETION DATE. Any
against all liability for the TRANSFERring Employees
necessary monetary adjustment is to be made within
after COMPLETION.
five BUSINESS DAYS of the SELLER providing the
(d)
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
G28 NOTICES AND OTHER COMMUNICATIONS
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.
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.
G27 REGISTRATION AT THE LAND REGISTRY
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.
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.
G28.3 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
SHELDON BOSLEY KNIGHT
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PREVIOUS AUCTION RESULTS Stratford-upon-Avon Town Hall | Wednesday 13th September 2023 LOT No.
ADDRESS OF LOT
RESULT
PURCHASE PRICE
1
Land East of Welsh Road, Upper Boddington, Daventry, NN11 6DL
Sold at Auction
£41,500.00
2
7, Shakespeare Street, Stratford-upon-Avon, CV37 6RN
Sold at Auction
£220,000.00
3
Freehold Interest of 33, Clarendon Square, Leamington Spa, CV32 5QY
Unsold
4
33, Chapel Street, Wellesbourne, CV35 9QU
Sold at Auction
5
Freehold Interest, 40, 42, 44 and 46, Brookside Road Stratford-upon-Avon, CV37 9PH
Unsold
6
The former Avon Sports & Social Club, Waterside, Evesham, WR11 1BS
Unsold
7
Land Adjoining the River Avon, Common Road, Evesham, WR11 4PU
Sold at Auction
8
3a, Avenue Road, Stratford-upon-Avon, CV37 6UY
Unsold
9
Land Lying to the West of Kings Road, Evesham, WR11 3BH
10
£158,000.00
£111,000.00
Sold at Auction
£15,000.00
127, Shrubland Street, Leamington Spa, Warwickshire, CV31 2AR
Sold Prior
Undisclosed price
11
10, Hailes Street, Winchcombe, GL54 5HU
Sold Prior
£145,000.00
12
Land Adjoining Westfield House, High Street, Braunston, Daventry, NN11 7HS
Sold Prior
£71,250.00
13
Yard Adjacent to Land Adjoining Westfield House, High Street, Braunston, Daventry, NN11 7HS
Sold Prior
£178,750.00
14
16, Wincel Road, Winchcombe, Cheltenham, GL54 5YE
15
40, Spinney Lane, Nuneaton, CV10 9JA
16
Odell Electrics, Spitalfields, Bedworth, Warwickshire, CV12 8HU
17
Land at, Murcot Road, Childswickham, Broadway, Gloucestershire, WR12 7HR
Unsold
18
Sherwood Cottage, Village Street, Aldington, Worcestershire, WR11 7YE
Unsold
19
Holly Tree Cottage, Birmingham Road, Pathlow, CV37 0ES
20
1, St. Nicholas Road, Radford Semele, Leamington Spa, CV31 1UJ
21
Land on the South Side of, Wickhamford Lane, Wickhamford, Evesham, WR11 7RP
Unsold Sold Prior
£102,500.00
Sold Post Auction
Undisclosed price
Withdrawn Sold
£270,000.00
Sold Prior
£65,000.00
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