Tuesday 4th August 2020 Auction Venue - Holiday Inn Gatwick, Povey Cross Road, Surrey, RH6 0BA
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Tuesday 4th August 2020 Auction Venue Holiday Inn Gatwick, Povey Cross Road, Surrey, RH6 0BA Registration on the day closes at 12:45pm Auction Commencing at 1pm www.connectukauctions.co.uk
HOW WIll yOu be bIddINg In ouR PRoPeRTy AnD LAnD AuCTIon? OPTION 1 OPTION 2 To attend the traditional, in the room auction at the Connect Realtime© from your chosen location, directly allocated venue (please see below) to bid in person. through our website. Registrations are taken up to 30 minutes prior to the This experience provides a live audio and video feed of auction commencing. The necessary documents and the auction, with the ability for you to bid alongside “in proof of funds must be provided. room bidders”. OPTION 3 In order to bid via Connect Realtime©, you must Proxy/Telephone bidding – Both will include prior register at least 72 hours prior to the auction date, instruction from you to the auction team who will bid allowing the application to be processed and approved. on your behalf. The auctioneer will be notified of any Create an account now, via our website and register to proxy bids. bid once logged in. For further details please contact a member of the auction team on 01293 528575 or email us at admin@connectukgroup.co.uk. HOW TO geT TO THe HoLIDAy Inn LonDon GATWICK Holiday Inn, Povey Cross Road, Horley, Surrey RH6 0BA by CAR fROm gATWICK AIRPORT by CAR fROm THe m23 Follow signs for the A23 London Road. At the Leave the M23 at Junction 9. Follow the signs to the roundabout take the third exit onto london Road A23. north Terminal. Take the A23 to Redhill. The hotel is At the roundabout take the second exit onto the A217. located at the junction of the A23 and A217. Bear left and the hotel is situated on the left- hand side. by TRAIN Gatwick Station located at the South Terminal. 1 CAR PARKINg mile/1.6 km distance from the hotel. Shuttle service Car parking is complimentary for all delegates available from the train station at £3.00. attending the auction. Please register your number plate on arrival. A WORd FRoM THe AuCTIoneeR Welcome to our fifth auction of 2020 and my 19th year at the BBC. I am delighted to present varied lots offering the usual mix of land, development opportunities and well-priced investments. Whilst we make every effort to update clients prior to auction, due to the popularity of our lots, some do sell prior, so please keep up to date by viewing www.connectukauctions.co.uk or register for regular alerts. May I take this opportunity to thank all our clients for their instructions and their business going forward into 2020 and beyond. Please do not hesitate to speak to one of our friendly team should you have any further questions. Happy Bidding! Adam Partridge www.connectukauctions.co.uk 3
mONey lAuNdeRINg ReGuLATIonS Due to the new changes to Money Laundering regulations for buying and selling at auction, as of the 26 June we are now required by Law to ID check everyone who offers, bids or buys at auction. What the new regulations mean for you as a bidder or buyer at the auction: 1) In the case of an individual bidding at auction, 4) If you are unable to attend in person or will be send- we will require a certified copy of a passport and ing us a remote bidding form, we will require certi- utility bill. fied ID that has been identified by a professionally recognised individual. This will need 2) In the case of an individual acting on behalf of to be provided to us in advance of the auction date. a third party individual, we will require a certified copy of a passport and recent utility bill from both parties. 5) your ID will be kept on file for 3 years and we will only require updated documents if you change 3) In the case of an individual acting on behalf of address. a company we will require details about the company including ownership information on the 6) Registration on the day of the auction opens ultimate holding company and ultimate beneficial from 11.45am so please ensure you arrive early owners of the company, including current to ensure we have been able to satisfactory addresses and dates of birth. fulfil the necessary requirements. At registration for the auction you must provide two forms of ID, one photographic and one proof of residence that is dated within the last 3 months (a list of acceptable ID documents can be seen below). PHOTOgRAPHIC eVIdeNCe Of IdeNTITy eVIdeNCe Of ReSIdeNCe Current signed Passport Current full uK/eu photo card driving licence (if not Current full uK/eu photo card driving licence used to prove identity) Valid ID card (e.g. HM Forces, police warrant, utility bill issued in last three months (not mobile prison officer card, government/ local authority phone) issued card) Recent bank/building society / mortgage / credit card statement Firearm or shotgun certificate Current house/ motor insurance certificate Resident permit issued by the Home office to eu national Revenue & Customs tax notification Recent council tax bill IdeNTITy CAN be APPROVed AS fOllOWS: Come to our office with originals and we will certify them free of charge Solicitors, the bank, an accountant or other professional body can certify the relevant ID The Post office can verify up to 3 × forms of ID for a charge of £10.50 All certified ID can be sent to us at admin@connectukauctions.co.uk The purpose of Connect uK Auctions obtaining this information is in order for us to carry out customer due diligence in compliance with the regulations. There are no exceptions and Connect uK Auctions takes its obligations very seriously. PleASe NOTe: In compliance with anti Money Laundering Regulations an experian search can be carried out to verify your identity and proof of residency. This does not affect your credit file. This can be carried out on the auction day or prior. Some clients may find this method more convenient. www.connectukauctions.co.uk 4
ORdeR oF SALe Tuesday 4th August 2020 Some guide prices, are subject to additional, non-optional fees. Please see our definition of terms. 1 Church Cottages, 1 Church Street Old Woking, Surrey, gu22 9Jf £480,000 2 Flat 8 Harold Mews, 39 Harold Road Margate, Kent, CT9 2HS £60,000 3 334 behn Hall Parham Road Canterbury, Kent, CT1 1yN £40,000 4 Flat 4 85 Avondale Road, South Croydon, Surrey, CR2 6JF £175,000 5 19 bowthorpe House, gatwick Road Crawley, West Sussex, RH10 9bf £195,000 6 Plot 37 Shire lane Keston, Kent, bR2 6AA £4,000 7 Plot 138 Snakey Lane, Feltham, Middlesex, TW13 7NB £5,000 8 Plot 380 benhall mill Road Tunbridge Wells, Kent, TN2 5JW £1,000 9 La Dolce Vita, 99 Straight Road Windsor, Berkshire, SL4 2SE £90,000 10 Plot between 121 & 123, Saxby Road melton mowbray, leicestershire, le13 1bP £170,000 11 land Adjacent, 29 Ryde drive Stanford-le-Hope, essex, SS17 0dR £20,000 *guide Prices and Reserve Prices. Guides are provided as an indication of each seller’s minimum expectation. They are not necessarily figures which a property will sell for and may change at any time prior to the auction each property will be offered subject to a Reserve (a figure below which the auctioneer cannot sell the property during the auction) which we expect will be set within the Guide Range or no more than 10% above a single figure Guide. defINITION oF AuCTIon TeRMS Please take some time to familiarise yourself with the terms below so you *buyer’s Premium denotes a different set of are fully aware of what you are bidding on. For more information speak charges to regular auction lots. Buyer’s to one of our auction team on the day or call us on 01293 528575. premium lots will be either unconditional or conditional. The Buyer’s Premium does not uNCONdITIONAl SAle contribute toward the purchase price. Please read the differences between these auction When the gavel falls, the buyer must: formats carefully above so you understand the exchange contracts (Special conditions may apply) associated costs of each one and requirements of each auction. If you have any questions The sale must complete within 28 days (Special conditions may apply) please don’t hesitate to ask a member of staff on the day or call us on 01293 528575. A 5% deposit must be paid subject to a minimum of £5,000 AuCTION QueSTIonS What is the difference between a guide price and a reserve price? A reserve price is the price stipulated as the lowest acceptable by the vendor. The figure is confidential between the vendor and the auctioneer. The guide price may not always be the same as the reserve price. The guide is an indication given by the auctioneer. where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. What payment methods do you accept? We accept debit or credit cards and BACS transfer (3% surcharge on business credit cards). www.connectukauctions.co.uk 5
1 Church Cottages, 1 Church Street Old Woking, Surrey, GU22 9JF GUIDE PRICE £480,000 PLUS. * BUYERS PREMIUM APPLIES Beautiful Period Property, Secure, Quiet Location. DESCRIPTION: Tastefully decorated, abundance of period features, vaulted ceilings, offering turn key ready living, in this quiet quintessential location. Generous outbuildings. ACCOMMODATION: Drawing room, Dining room, kitchen, home office. Three bedrooms, two bathrooms, mezzanine floor area. Courtyard garden. Generous outbuildings with plumbing & electricity. Private parking. LOCATION: Old Woking is a ward and the original settlement of the town and borough of Woking, Surrey, about 1.3 miles (2.1 km) southeast of the modern town centre. TENURE: Freehold. VIEWING: Viewing Day 24th July By Appointment. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £6,000 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless 2 otherwise stated). Flat 8 Harold Mews, 39 Harold Road Margate, Kent, CT9 2HS GUIDE PRICE £60,000 PLUS. * BUYERS PREMIUM APPLIES * Ideal Investment Property, excellent location. 11% Plus Yield. DESCRIPTION: Period conversion, high ceilings. Requiring updating, currently tenanted on AST. £7092 PA. ACCOMMODATION: Top floor, entrance hall, reception room, kitchen, two bedrooms, bathroom, storage. LOCATION: Cliftonville is a seaside district known for beaches at Walpole Bay and Palm Bay, as well as a seafront promenade and Princes Walk clifftop park. TENURE: 68 Years Unexpired ( Please check the legal pack) VIEWING: 25th July, By Appointment. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £2,040.00 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). *The guide price may not always be the same as the reserve price .The guide is an indication given by the Auctioneer. Where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. www.connectukauctions.co.uk 7
3 334 Behn Hall Parham Road Canterbury, Kent, CT1 1YN GUIDE PRICE £40,000 PLUS * BUYERS PREMIUM APPLIES * 16.5 % Gross Yield P.A. DESCRIPTION: Part of the Canterbury Student Village. Tenant in situ, from 1st September @ £6,630 per year. ACCOMMODATION: En-suite student bedroom with shared facilities including kitchen/living area, common room and laundry room. Canterbury Christ Church University is just a 15 minute walk away. LOCATION: The development is excellently placed to meet the high demand for quality accommodation for the 46,000 students studying in Canterbury. TENURE: Leasehold 225 years unexpired. VIEWING: Please Refer To Auctioneer. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £3,600 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). 4 Flat 4 85 Avondale Road South Croydon, Surrey, CR2 6JF GUIDE PRICE £175,000 * BUYERS PREMIUM APPLIES * Super property for owner occupiers and investors. DESCRIPTION: A Split Level Conversion Apartment. Tree lined road. ACCOMMODATION: Entrance hall, open plan kitchen, reception room. Double bedroom with en suite bathroom, home office area. Ample storage. Private outside space, with separate access. LOCATION: The apartment lies in close proximity to both Sanderstead and South Croydon stations with respective access to London Victoria and London Bridge. TENURE: Leasehold, new lease available. VIEWING: By Appointment Only UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £6,000 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). *The guide price may not always be the same as the reserve price .The guide is an indication given by the Auctioneer. Where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. 9 www.connectukauctions.co.uk
5 19 Bowthorpe House, Gatwick Road Crawley, West Sussex, RH10 9BF GUIDE PRICE £195,000 * BUYERS PREMIUM APPLIES * A large modern apartment ideal for Investors and owner occupiers. DESCRIPTION: Secure gated development, built in 2016, providing turn key ready living. Circa 750 square feet. ACCOMMODATION: Entrance hall, open plan kitchen, reception room. Two double bedrooms, bathroom. Communal court yard, private parking. LOCATION: Crawley is a large town and borough in West Sussex, England. It is 28 miles south of London, 18 miles north of Brighton and Hove, and 32 miles north-east of the county town of Chichester. TENURE: Leasehold 125 years from 1st January 2016 VIEWING: By Appointment Only UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £6,000 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). 6 Plot 37 Shire Lane Keston, Kent, BR2 6AA GUIDE PRICE £4,000 PLUS * BUYERS PREMIUM APPLIES * Freehold Amenity Land with Value Potential. ACCOMMODATION: Plot 37 Shire Lane, Circa 0.12 acre LOCATION: Keston is a village in Greater London, England, located within the London Borough of Bromley and beyond London urban sprawl. It is part suburban, part rural in nature and lies on the edge of Hayes Common, to the northwest of the Greater London / Kent border. TENURE: Freehold VIEWING: Please Visit The Plots, Unaccompanied. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £2,040.00 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). *The guide price may not always be the same as the reserve price .The guide is an indication given by the Auctioneer. Where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. www.connectukauctions.co.uk 11
7 Plot 138 Snakey Lane Feltham, Middlesex, TW13 7NB GUIDE PRICE £5,000 * BUYERS PREMIUM APPLIES * Freehold Amenity Land with Value Potential. DESCRIPTION: Each unit is, 0.03 of an acre. Subject To Availability. (Currently There Is No Planning Permission Granted.) Please refer to legal pack for further details. LOCATION: Feltham is a large town in West London, England, about 13 miles WSW from Charing Cross. Located near Twickenham, south-west of Hounslow and north of Sunbury-on-Thames. The population of Feltham and its localities Bedfont and Hanworth was 63,368 as of 2011. TENURE: Freehold VIEWING: Please Visit The Plots, Unaccompanied. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £2,040.00 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). 8 Plot 380 Benhall Mill Road Tunbridge Wells, Kent, TN2 5JW GUIDE PRICE 1,000 PLUS * BUYERS PREMIUM APPLIES * Freehold Amenity Land with Potential. DESCRIPTION: Each unit is Subject To Availability. (Currently There Is No Planning Permission Granted.) 0.09 Acres Please refer to legal pack for further details. LOCATION: Hawkenbury is a small village area located in the south east of Royal Tunbridge Wells, Kent, England. TENURE: Freehold VIEWING: Please Visit The Plots, Unaccompanied. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £2,040.00 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). *The guide price may not always be the same as the reserve price .The guide is an indication given by the Auctioneer. Where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. 12 www.connectukauctions.co.uk
9 La Dolce Vita, 99 Straight Road Windsor, Berkshire, SL4 2SE GUIDE PRICE £90,000 + * BUYERS PREMIUM APPLIES * Immaculate House Boat Requiring A New Mooring. DESCRIPTION: The houseboat has an 8mm thick steel hull built in 2018. There is a suspended deck, that makes the dimension 12m by 6m. Cladding is in larch. The roof is fiberglass throughout. All the windows are double glazed with UPVC frames. ACCOMMODATION: Open plan reception, dining area, kitchen. double bedroom, shower room. Storage. LOCATION: Old Windsor is a large village and civil parish, in the Royal Borough of Windsor and Maidenhead, in Berkshire. NB. New mooring agreement is required. TENURE: N.A. VIEWING: 22nd July, by appointment. 10 Plot between 121 & 123, Saxby Road Melton Mowbray, Leicestershire, LE13 1BP GUIDE PRICE £170,000 * BUYERS PREMIUM APPLIES * Building plot with planning permission. DESCRIPTION: Planning Permission for two semi detached houses over looking Melton Mowbray cricket ground. Our client has confirmed works have commenced. ACCOMMODATION: Planning reference 13/00448/F LOCATION: Melton Mowbray is a town in Leicestershire, England, 19 miles north-east of Leicester, and 20 miles south-east of Nottingham. TENURE: Freehold VIEWING: Please visit the site unaccompanied, during daylight hours. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £6,000 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). *The guide price may not always be the same as the reserve price .The guide is an indication given by the Auctioneer. Where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. www.connectukauctions.co.uk 13
11 Land Adjacent, 29 Ryde Drive Stanford-le-Hope, Essex, SS17 0DR GUIDE PRICE £20,000 PLUS * BUYERS PREMIUM APPLIES * Freehold site with possible development (subject to consents) DESCRIPTION: Potential development land. Cleared, block paved rectangular plot, 241 square meters, direct access to Ryde Drive. LOCATION: Stanford-le-Hope is a town and Church of England parish situated in the county of Essex, England. Often known locally simply as Stanford, the town is within the unitary authority of Thurrock and located 23.8 miles east of Charing Cross in London. TENURE: Freehold VIEWING: Please visit the plot, unaccompanied. UNCONDITIONAL LOT Buyer’s Premium Applies Upon the fall of the hammer. The Purchaser shall pay a deposit of 5% and buyer’s premium of £6,000 inc VAT and contracts are exchanged. The purchaser is legally bound to buy and the vendor is legally bound to sell the Property/Lot. The auction conditions require a full legal completion 28 or 42 days following the auction (unless otherwise stated). *The guide price may not always be the same as the reserve price .The guide is an indication given by the Auctioneer. Where the guide price is a bracket figure, the reserve cannot exceed the top end of the bracket price. If the guide price is a single figure, then the reserve can be up to 10% in excess of this. 14 www.connectukauctions.co.uk
COmmON AuCTIon ConDITIonS Common Auction Conditions (3rd edition August 2009 – reproduced with the consent of the RICS). The general conditions (including any extra general conditions) apply to the contract except to the extent that they are varied by special conditions or by an addendum. www.connectukauctions.co.uk 16
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G15.3 The buyer that: out any investigation) and the buyer admits that the price • (b) apply for (and the seller and the buyer must use all • (a) it is registered for VAT, either in the buyer’s name or as takes into account the environmental condition of the lot. reasonable endeavours to obtain) any consent to assign a member of a VAT group; G21.3 The buyer agrees to indemnify the seller in respect of all that is required. If consent has not been obtained by • (b) it has made, or will make before completion, a VAT liability for or resulting from the environmental condition of completion the warranty must be assigned within option in relation to the lot and will not revoke it before or the lot. business days after the consent has been obtained. within three months after completion; G22. Service Charge G25.3 If a warranty is not assignable the seller must after • (c) article 5(2B) of the Value Added Tax (Special G22.1 This condition G22 applies where the lot is sold subject to completion: Provisions) Order 1995 does not apply to it; and tenancies that include service charge provisions. • (a) hold the warranty on trust for the buyer; and • (d) it is not buying the lot as a nominee for another person. G22.2 No apportionment is to be made at completion in respect of • (b) at the buyer’s cost comply with such of the lawful G15.4 The buyer is to give to the seller as early as possible before service charges. instructions of the buyer in relation to the warranty as do the agreed completion date evidence: G22.3 Within two months after completion the seller must provide not place the seller in breach of its terms or expose the • (a) of the buyer’s VAT registration; to the buyer a detailed service charge account for the service seller to any liability or penalty. • (b) that the buyer has made a VAT option; and charge year current on completion showing: G26. No assignment • (c) that the VAT option has been in writing to • (a) service charge expenditure attributable to each The buyer must not assign, mortgage or otherwise transfer HM Revenue and Customs; and if it does not produce tenancy; or part with the whole or any part of the buyer’s interest the relevant evidence at least two business days before • (b) payments on account of service charge received from under this contract. the agreed completion date, condition G14.1 applies at each tenant; G27. Registration at the Land Registry completion. • (c) any amounts due from a tenant that have not been G27.1 This condition G27.1 applies where the lot is leasehold and G15.5 The buyer that after completion the buyer intends received; its sale either triggers registration or is a registrable to: • (d) any service charge expenditure that is not attributable disposition. The buyer must at its own expense and as soon • (a) retain and manage the lot for the buyer’s own to any tenancy and is for that reason irrecoverable. as practicable: as a continuing business as a going concern subject to and G22.4 In respect of each tenancy, if the service charge account • (a) procure that it becomes registered at Land Registry as with the of the tenancies; and shows that: proprietor of the lot; • (b) collect the rents payable under the tenancies and • (a) payments on account (whether received or still then • (b) procure that all rights granted and reserved by the lease charge VAT on them due from a tenant) exceed attributable service charge under which the lot is held are properly noted against the G15.6 If, after completion, it is found that the sale of the lot is not a expenditure, the seller must pay to the buyer an amount affected titles; and transfer of a going concern then: equal to the excess when it provides the service charge • (c) provide the seller with an copy of the register • (a) the seller’s conveyancer is to notify the buyer’s account; relating to such lease showing itself registered as conveyancer of that and provide a VAT invoice in • (b) attributable service charge expenditure exceeds proprietor. respect of the sale of the lot; payments on account (whether those payments have G27.2 This condition G27.2 applies where the lot comprises part of • (b) the buyer must within business days of receipt of been received or are still then due), the buyer must use a registered title. The buyer must at its own expense and as the VAT invoice pay to the seller the VAT due; and all reasonable endeavours to recover the shortfall from soon as practicable: • (c) if VAT is payable because the buyer has not complied the tenant at the next service charge reconciliation date • (a) apply for registration of the transfer; with this condition G15, the buyer must pay and indemnify and pay the amount so recovered to the seller within • (b) provide the seller with an copy and title plan for the seller against all costs, interest, penalties or surcharges business days of receipt in cleared funds; but in respect the buyer’s new title; and that the seller incurs as a result. of payments on account that are still due from a tenant • (c) join in any representations the seller may properly make G16. Capital allowances condition G11 (arrears) applies. to Land Registry relating to the application. G16.1 This condition G16 applies where the special conditions G22.5 In respect of service charge expenditure that is not G28. Notices and other communications state that there are capital allowances available in respect of attributable to any tenancy the seller must pay the G28.1 All communications, including notices, must be in writing. the lot. expenditure incurred in respect of the period before actual Communication to or by the seller or the buyer may be given G16.2 The seller is promptly to supply to the buyer all information completion date and the buyer must pay the expenditure to or by their conveyancers. reasonably required by the buyer in connection with the incurred in respect of the period after actual completion G28.2 A communication may be relied on if: buyer’s claim for capital allowances. date. Any necessary monetary adjustment is to be made • (a) delivered by hand; or G16.3 The value to be attributed to those items on which capital within business days of the seller providing the service • (b) made electronically and personally acknowledged allowances may be claimed is set out in the special charge account to the buyer. (automatic acknowledgement does not count); or conditions. G22.6 If the seller holds any reserve or sinking fund on account of • (c) there is proof that it was sent to the address of the G16.4 The seller and buyer agree: future service charge expenditure or a depreciation fund: person to whom it is to be given (as in the sale • (a) to make an election on completion under Section 198 • (a) the seller must pay it (including any interest earned on memorandum) by a postal service that offers normally to of the Capital Allowances Act 2001 to give effect to this it) to the buyer on completion; and deliver mail the next following business day. condition G16; and • (b) the buyer must covenant with the seller to hold it G28.3 A communication is to be treated as received: • (b) to submit the value in the special conditions in accordance with the terms of the tenancies and to • (a) when delivered, if delivered by hand; or to HM Revenue and Customs for the purposes of their indemnify the seller if it does not do so. • (b) when personally acknowledged, if made electronically; respective capital allowance computations. G23. Rent reviews but if delivered or made after 1700 hours on a business G17. Maintenance agreements G23.1 This condition G23 applies where the lot is sold subject to day a communication is to be treated as received on the G17.1 The seller agrees to use reasonable endeavours to transfer a tenancy under which a rent review due on or before the next business day. to the buyer, at the buyer’s cost, the of the actual completion date has not been agreed or determined. G28.4 A communication sent by a postal service that offers maintenance agreements in the special conditions. G23.2 The seller may continue negotiations or rent review normally to deliver mail the next following business day will G17.2 The buyer must assume, and indemnify the seller in proceedings up to the actual completion date but may not be treated as received on the second business day after it respect of, all liability under such contracts from the actual agree the level of the revised rent or commence rent review has been posted. completion date. proceedings without the written consent of the buyer, such G29. Contracts (Rights of Third Parties) Act 1999 G18. Landlord and Tenant Act 1987 consent not to be unreasonably withheld or delayed. No one is intended to have any under the contract G18.1 This condition G18 applies where the sale is a relevant G23.3 Following completion the buyer must complete rent pursuant to the Contract (Rights of Third Parties) Act 1999. disposal for the purposes of part I of the Landlord and review negotiations or proceedings as soon as reasonably Tenant Act 1987. practicable but may not agree the level of the revised rent G30 Extra General Conditions G18.2 The seller warrants that the seller has complied with without the written consent of the seller, such consent not to G30.1 The Buyer acknowledges and accepts that an Administration sections 5B and 7 of that Act and that the requisite majority be unreasonably withheld or delayed. Fee which is payable to us is non-refundable under any of qualifying tenants has not accepted the offer. G23.4 The seller must promptly: circumstance G19. Sale by practitioner • (a) give to the buyer full details of all rent review G30.2 Where a deposit is paid to us then we are immediately G19.1 This condition G19 applies where the sale is by a negotiations and proceedings, including copies of all entitled to satisfy our account. practitioner either as seller or as agent of the seller. correspondence and other papers; and G30.3 In the event of any between these Conditions of G19.2 The practitioner has been duly appointed and is empowered • (b) use all reasonable endeavours to substitute the buyer Sale and the Auction Contract then the Auction Contract will to sell the lot. for the seller in any rent review proceedings. prevail G19.3 Neither the practitioner nor the or any member of the G23.5 The seller and the buyer are to keep each other informed to which the practitioner belongs has any personal of the progress of the rent review and have regard to any These Auction Conditions of Sale are reproduced in full, with the liability in connection with the sale or the performance of the proposals the other makes in relation to it. consent of RICS, subject to the following amendments: seller’s obligations. The transfer is to include a declaration G23.6 When the rent review has been agreed or determined the 1. The insertion of Administration Fee in the Glossary excluding that personal liability. buyer must account to the seller for any increased rent and 2. The insertion of Auction Contract in the Glossary G19.4 The lot is sold: interest recovered from the tenant that relates to the seller’s 3. The insertion of clauses G30.1, G30.2 and G30.3 • (a) in its condition at completion; period of ownership within business days of receipt of • (b) for such title as the seller may have; and cleared funds. • (c) with no title guarantee; and the buyer has no right to G23.7 If a rent review is agreed or determined before completion terminate the contract or any other remedy if information but the increased rent and any interest recoverable from the provided about the lot is inaccurate, incomplete or missing. tenant has not been received by completion the increased G19.5 Where relevant: rent and any interest recoverable is to be treated as arrears. • (a) the documents must include copies of those G23.8 The seller and the buyer are to bear their own costs in under which the practitioner is appointed, the document relation to rent review negotiations and proceedings. of appointment and the practitioner’s acceptance of G24. Tenancy renewals appointment; and G24.1 This condition G24 applies where the tenant under a • (b) the seller may require the transfer to be by the lender tenancy has the right to remain in occupation under part exercising its power of sale under the Law of Property Act II of the Landlord and Tenant Act 1954 (as amended) and 1925. references to notices and proceedings are to notices and G19.6 The buyer understands this condition G19 and agrees that it proceedings under that Act. is fair in the circumstances of a sale by a practitioner. G24.2 Where practicable, without exposing the seller to liability or G20. TUPE penalty, the seller must not without the written consent of G20.1 If the special conditions state “There are no employees to the buyer (which the buyer must not unreasonably withhold which TUPE applies”, this is a warranty by the seller to this or delay) serve or respond to any notice or begin or continue effect. any proceedings. G20.2 If the special conditions do not state “There are no employees G24.3 If the seller receives a notice the seller must send a copy to to which TUPE applies” the following paragraphs apply: the buyer within business days and act as the buyer • (a) The seller must notify the buyer of those employees reasonably directs in relation to it. whose contracts of employment will transfer to the G24.4 Following completion the buyer must: buyer on completion (the “Transferring Employees”). This • (a) with the co-operation of the seller take immediate steps must be given to the buyer not less than 14 to substitute itself as a party to any proceedings; days before completion. • (b) use all reasonable endeavours to conclude any • (b) The buyer that it will comply with its proceedings or negotiations for the renewal of the tenancy obligations under TUPE and any special conditions in and the determination of any interim rent as soon as respect of the Transferring Employees. reasonably practicable at the best rent or rents reasonably • (c) The buyer and the seller acknowledge that pursuant obtainable; and and subject to TUPE, the contracts of employment • (c) if any increased rent is recovered from the tenant between the Transferring Employees and the seller will (whether as interim rent or under the renewed tenancy) transfer to the buyer on completion. account to the seller for the part of that increase that • (d) The buyer is to keep the seller against all relates to the seller’s period of ownership of the lot within liability for the Transferring Employees after completion. business days of receipt of cleared funds. G21. Environmental G24.5 The seller and the buyer are to bear their own costs in G21.1 This condition G21 only applies where the special relation to the renewal of the tenancy and any proceedings conditions so provide. relating to this. G21.2 The seller has made available such reports as the seller G25. Warranties has as to the environmental condition of the lot and has G25.1 Available warranties are listed in the special conditions. given the buyer the opportunity to carry out investigations G25.2 Where a warranty is assignable the seller must: (whether or not the buyer has read those reports or carried • (a) on completion assign it to the buyer and give notice of assignment to the person who gave the warranty; and www.connectukauctions.co.uk 18
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