Acuitus 30/03/2023 Important Auction & Property Update

ADDENDUM
To the Catalogue for
Auction Sale: 30 March 2023

All Lots

The purchaser of each lot is deemed to purchase with notice and full knowledge of the important notice to bidders, the Common Auction Conditions, where applicable, the special conditions of sale and this addendum.

The purchaser of each lot is deemed to have inspected the property and have verified the accuracy of all information given in the particulars including the extent of the premises to be sold and the floor areas. Additionally, the purchaser is deemed to have read the legal documentation.

The boundary plans in the auction catalogue are for identification only. The correct title plan showing the boundaries of the properties are available for inspection and the purchaser will be deemed to have purchased with full knowledge thereof.

Please note that vendors may require a supplementary amount to be paid by the purchaser to the vendor over and above the purchase price. Please check the special conditions of sale to ascertain whether this applies to the property for which you are bidding.

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 came into force on the 26th June 2017.

Under the Regulations, Acuitus is legally required to immediately undertake customer due diligence checks on the buyer and related parties.

Acuitus will need to receive identification documents that satisfy the Regulations for the bidder, the buyer (if different from the bidder), the beneficial owners with more than 25% of the voting rights or capital and proof of authority if the bidder is acting as an agent.

Acuitus will also need to receive satisfactory identification on the source of the deposit money provided by the bidder/buyer.

If you are the successful bidder, Acuitus requires a separate payment of £1,500+VAT as a buyer's administration charge payable to Acuitus Limited upon exchange of contracts. A VAT receipt will be provided upon payment.

The Common Auction Conditions have been updated as at June 2024.

Please note the Product Guide for the Octopus Bridging Loan has been updated and is dated March 2025.

Lot 2

Unit 7, Arlington Business Park, Whittle Way, Gunnels Wood Road, Stevenage, Herts, SG1 2FS

Sold prior to auction.

Lot 2

5 The Pantiles, Royal Tunbridge Wells, Kent, TN2 5TD

As to the auction particulars, please delete Note (2) of the Tenancy & Accommodation schedule.

Lot 5

Lloyds Bank, 25 High Street, Ringwood, Hampshire, BH24 1BD

In respect of the approximate area of the first floor, please note this should read 92.9 sq m (1,000 sq ft) and not as stated in the auction particulars. The total commercial area therefore should read approximately 290.32 sq m (3,125 sq ft) and not as stated in the auction particulars.

Lot 8

15-25 High Street, Cheam, London, SM3 8RQ

(a) That in General Condition G22.3 the words “two months” will be amended to “three months”
(b) That in relation to the sum of £10,325.25 and the sum of £31,521.33 (together the “Section 20 Sums”) both of which are held by the managing agents of the Seller and which are in respect of sums received following service of notices on the tenants purported to be sent under section 20 of the Landlord and Tenant Act 1985 in respect of works to the gates and roof of the buildings at the Lot respectively, then:-
a. for the avoidance of doubt the Section 20 Sums do not form part of the service charge and will not be apportioned or dealt with pursuant to General Condition G22 or otherwise under this agreement; and
b. the Section 20 Sums will not be transferred to the Buyer;
c. the Seller will use reasonable endeavours to return the Section 20 Sums to the respective tenants who paid the same to the Seller (or its predecessors) in the period between the date of this agreement and completion.


Additional Disclosure:-

The Seller has become aware that prior to the appointment of the Receivers two sets of notices (the “Section 20 Notices”) were served by the landlord on the tenant’s purporting to be pursuant to Section 20 of the Landlord and Tenant Act 1985 and requesting payment of sums from the tenant’s towards works to repair/renewing the gate and works to the roof of the buildings on the Lot. While the Seller acting by the receivers is aware that the sum of £10,323.25 (towards the Gate) and £31,521.53 (towards the roof) (together the “S20 Sums”) have been collected, these have only just been transferred to the receivers controlled managing agent prior to the auction and therefore none of the works identified in the Section 20 Notice have been carried out. Given that position and the fact that the Receivers were not part of and cannot therefore be confident that the section 20 process has been fully complied with the Seller acting by the Receivers will following exchange and between completion be taking steps to seek to return the S20 Sums to the respective tenant’s that they were received from. The S20 Sums will not, therefore, be paid over to the Buyer (and this will be reflected in the contract with the Seller providing a contractual obligation to return these to the tenants) and the Buyer will then need to undertake its own process in relation to any necessary works or repairs either as identified in the Section 20 Notices or otherwise as part of its ongoing asset management strategy. Copies of the Section 20 Notices and associated emails have been added to the sale pack.

Lot 14

23-41 London Road, Southampton, Hampshire, SO15 2AD

Please note that 27 London Road (Willis Café) has now ceased to trade, but the lease still exists and the rent deposit has been used to cover the rent to date. Please also note that both 33 & 35 London Road are arranged on the ground floor and basement, and not just the ground floor as stated in the auction particulars & the auctioneers have been unable to verify the approximate floor areas for these parts. The approximate floor areas do not form part of the Contract of Sale.

Lot 18

Holiday Inn and Holiday Inn Express, Parkway East, Bridge of Don, Aberdeen, AB23 8BL

The following response is being provided for the benefit of the Seller and can only be relied upon by the Seller and may not be relied upon by any third parties who should take their own legal advice.

The Companies Act 2006 (section 1012) states that when a tenant company is dissolved, its interests, including any interest in leasehold property, falls to the Crown as those interests become ownerless property. In Scotland, the Crown is represented by the KLTR (King''s and Lord Treasurer''s Remembrancer).

The KLTR must be given an opportunity to decide whether it wants to retain the leasehold property or reject (disclaim) it. In most instances, the KLTR disclaims the property. Once the KLTR has disclaimed the lease and issued a Notice of Disclaimer, or the lease has been irritated with the KLTR as the tenant, the lease is terminated. The effect of the Notice of Disclaimer is that the now dissolved company''s interests as tenant in the property are terminated. The Notice will be published in the Edinburgh Gazette

Lot 19

St. Giles Shopping Centre, Elgin, Moray, IV30 1EA

The EPC will be available to view online in the solicitor’s legal pack

Lot 22

Archway House, Gosbrook Road, Caversham, Reading, RG4 8HU

As to Lot 22

The completion period will be 20 business days after the date of the contract and not 6 weeks as stated in the auction particulars.

As to the tenancy & accommodation schedule, the approximate floor area for the West Wing ground retail floor is 33.38 sq m (359 sq ft) and the West Wing first floor office is 33.46 sq m (360 sq ft). Therefore the total approximate commercial floor area for the property is now 417.34 sq m (4,492 sq ft) and not as stated in the tenancy and accommodation schedule.

Lot 28

247-249 Lavender Hill, London, Clapham, SW11 1JW

As to the leases of the residential flats, the leases of flat 2 and flat 3 have now been extended for an additional term of 90 years and the current rent reserved for flats 2 and 3 has been reduced to one peppercorn. The current rents reserved under the terms of the leases for flats 1, 4, 5 and 6 are each £300 per annum exclusive. Therefore the total current rents reserved for the residential element of the property is £1,200 per annum exclusive and the current total rents reserved is now £81,200 per annum exclusive and not as stated in the tenancy and accommodation schedule and in footnote (2) in the Auction sales particulars.

Lot 37

51 High Street, Newport, Isle of Wight, PO30 1SB

For the avoidance of doubt, with reference to the auction particulars please note that the property was previously let to Carphone Warehouse on a 10 year lease from 16/08/2010 at a rent of £70,000 p.a.x.

Lot 38

Garage block at Lyttelton Road, Hampstead Garden Suburb, London, N2 0RA

The Special Conditions of Sale provide for the Buyer to pay to the Seller in addition to the purchase funds on completion the payment of 1.5% plus vat of the purchase price towards the cost of the agent’s fees and £1200.00 plus vat towards the cost of the seller’s solicitors fees.

Lot 39

Collection of 15 Car Parking Spaces, Manor Mills, Ingram Street, Leeds, West Yorkshire, LS11 9BN

Please note that for the avoidance of doubt, completion of this sale will be 30 working days from the Contract Date, and not as specified in the Special Conditions of Sale in the Legal Pack.

Lot 41

KS Kitchens Perth, Highland House, St Catherine's Road, Perth, Scotland, PH1 5YA

The purchaser will on the date of entry (completion) pay the sum of 2% of the purchase price in addition to the purchase price representing a contribution towards the seller’s asset management costs and legal expenses-please see Articles of Roup in the Legal Pack.

Lot 42

Optical Express, Highland House, St Catherine's Road, Perth, Scotland, PH1 5YA

The purchaser will on the date of entry (completion) pay the sum of 2% of the purchase price in addition to the purchase price representing a contribution towards the seller’s asset management costs and legal expenses-please see Articles of Roup in the Legal Pack.

Lot 43

Former La Scala Cinema and Bingo Hall, 10 Station Road, Grangemouth, Scotland, FK3 8DG

Please note the Date of Entry (completion) for this lot will be 27th April 2023 as detailed in the Articles of Roup in the Legal Pack.

Lot 44

12 La Porte Precinct & store to rear of 16 La Porte Precinct, Grangemouth, Scotland, FK3 8AS

Please note the Date of Entry (completion) for this lot will be 27th April 2023 as detailed in the Articles of Roup in the Legal Pack.

Lot 45

Commercial Unit Block E & Commercial Unit Block G, Chapel Riverside, Old Mill Lane, Southampton, Hampshire, SO14 5BW

The completion period will be 20 business days after the date of the contract and not 6 weeks as stated in the auction particulars.

The Seller confirms that the long underleases at Items 9 and 10 in the Index to the auction pack have completed/been granted to Inland Limited for the purpose of the Seller having the ability to dispose of the Lot. The long underleases are attached and have taken effect as leases of the reversion to the occupational lease dated 26 May 2022 to Sparkle Cleaning – New Forest and South Coast Ltd; as such the Seller considers that it has the benefit of the tenant covenants in the occupational lease as a result of the grant of the leases to the Seller.