Acuitus 21/09/2023 Important Auction & Property Update
ADDENDUM
To the Catalogue for
Auction Sale: 21 September 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
6 Lauderdale Parade, Lauderdale Road, Maida Vale, London, W9 1LU
Withdrawn prior to auction.
Lot 5
189 High Street & 3 Pitsville Street, Cheltenham, Gloucestershire, GL50 1DF
An agreement for lease was exchanged with The Cornish Bakery Shops Limited t/a Cornish Bakehouse on 1 September 2023 and is conditional on the carrying out of interior works by the Landlord. Such works are due to be finished by Friday 8th September and the lease will be completed not more than 5 working days later. A copy of the lease will be available to view in the legal pack once it has completed.
The lease to The Cornish Bakery Shops Limited t/a Cornish Bakehouse has completed. The term is 10 years from 14/09/2023, the rent review date is 14/09/2028 and the break date is 13/09/2028. Please refer to the legal pack for further information.
As to the rent free period referred to in footnote (2), this will be dealt with by way of a deduction from the purchase price; the special conditions of sale contain a formula whereby the number of days between the completion date and the end of the rent free period are calculated at a specified daily rate to calculate the total deduction. Please refer to the legal pack for further information.
For the avoidance of doubt, the tenant is proposing to use the first floor accommodation for ancillary purposes and not as stated in the auction particulars.
The completion date of the sale will be the 23rd October 2023.
Lot 6
Kwik Fit, 240/246 Huntingdon Street, Nottingham, Nottinghamshire, NG1 3NB
For the avoidance of doubt, the only access to the property including the yard is from Huntingdon Street and there is no access to the property including the yard from Old Street.
Lot 8
56 Shepherd's Bush Road, Shepherd's Bush, London, W6 7PH
• Completion will be 30 business days after the Seller has provided, to the satisfaction of the Buyer’s solicitors, written evidence from the Local Authority the Community Infrastructure Levy (CIL) ( registered on 09/12/2015 ) in relation to the planning application ( application number 2015/03403/FUL) for the property has been paid in full and discharged. If such evidence is not received after 8 weeks after the date of the contract the Buyer may either rescind the contract and the Seller will return the Buyer’s deposit within 48 hours of the contract being rescinded or the Buyer may extend the completion date for another 4 week period to allow the Seller to provide such evidence. If the evidence is not provided after the extended 4 week period the Buyer may rescind the contract and the Seller will return the Buyer’s deposit within 48 hours of the contract being rescinded.
Lot 9
61 Darkes Lane, Potters Bar, Hertfordshire, EN6 1BJ
The residential maisonette comprises a kitchen and living room on the first floor and two bedrooms and a bathroom on the second floor and not as stated in the bullet point and description paragraph in the auction sales particulars.
Lot 10
Prince of Wales, 1-3 Railway Street, Chatham, Kent, ME4 4HU
Sold prior to auction.
Lot 15
1 The Square, Stockley Park, London, UB11 1FW
A new Energy Performance Certificate for the property has been registered and is available in the legal pack.
Sold prior to auction.
Lot 16
Old School, Calverley Street, Leeds, West Yorkshire, LS1 3ED
A lease of the lower ground floor was completed on 19 September 2023 made between (1) the Seller and (2) Northern Monk Brewing Company Limited. The term is 10 years from and including 19 September 2023, with a 12 months’ rent free period. The rent is £70,000 per annum (exclusive of VAT) and there is a rent review on the fifth anniversary of the term start date. The parties also entered into a rent deposit deed. Please refer to the legal pack for further information.
The rent-free period will be dealt with as a deduction from the purchase price, with the Special Conditions providing that the number of days between the completion date and the rent-free period will be calculated at a daily rate to calculate the deduction. Please refer to the legal pack for further information.
A Capital Contribution Deed was entered into on the same date, providing the Landlord is to pay towards the tenant’s fit-out costs. Half of the contribution was paid to the tenant on lease completion. The remainder is to be paid on completion of the tenant’s works. The Special Conditions deduct the remaining payment from the purchase price. Please refer to the legal pack for further information.
Shift Commerce Limited has advised the Seller that it does not intend to renew its lease of the ground floor unit.
Lot 18
1–3 Ormond Place, Cheltenham, Gloucestershire, GL50 1HR
The property is Grade II Listed.
As to Unit 1 Ormond Place, The Tenant (Toni & Guy (South) Ltd) have granted an underlease out of their leasehold interest for a term commencing on 04 October 2022 to and including 30 September 2027. Further information is available within the solicitors legal pack.
As to Unit 2A Ormond Terrace, the current tenant appears to have vacated and allowed a third party in to occupation. Terms have been agreed between the Seller and the third party to take a new lease of the unit subject to the existing lease being determined. Copy heads of terms are available in the solicitors legal pack and further information is contained in the replies to CPSE and Special Conditions.
The completion date of the sale will be the 18th October 2023.
Lot 19
Wellington Arcade, Commercial Street, Briggate and Market Street, Brighouse, West Yorkshire, HD6 1AF
The Tenancy and Accommodation Schedule in the Auction Sales Particulars should read as follows and not as stated:
Address | Tenant | Term | Rent p.a.x | Rent Review (Reversion) |
53 Commercial Street | THE ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (cn: 225575) (t/a RSPCA) | 9 years from 20/01/2022 | £20,000 | 20/01/2027 (19/01/2031) |
55/57 Commercial Street | SPECSAVERS OPTICAL SUPERSTORES LIMITED (crn: 01721624) | 10 years and 3 months from 15/01/2016 | £30,000 | 15/01/2021 (14/04/2026) |
63 Commercial Street | CASHBROKERS (RETAIL) LIMITED formerly MONEYPENNYS TEAM LIMITED (crn: 07769156) | 10 years from 23/06/2022 | £12,425 | 23/06/2027 (22/06/2032) |
Unit 1 Wellington Arcade | ST VINCENT DE PAUL SOCIETY (crn: 1053992) | 5 years from 17/02/2022 | £12,000 | (16/02/2027) |
Lot 21
The Burlington, 29-33 Burlington Street, Chesterfield, Derbyshire, S40 1RS
Sold prior to auction.
Lot 22
95-96 Princes Street, Edinburgh, EH2 2ER
Sold prior to auction.
Lot 25
185-187 High Street, Cheltenham, Gloucestershire, GL50 1DF
The completion date will be the 18th October 2023.
As to the rent free period referred to in footnote (2), this will be dealt with by way of a deduction from the purchase price; the special conditions of sale contain a formula whereby the number of days between the completion date and the end of the rent free period are calculated at a specified daily rate to calculate the total deduction. Please refer to the legal pack for further information.
For the avoidance of doubt, the first floor accommodation is used for ancillary purposes and not as stated in the auction particulars.
Lot 30
160 Commercial Street, Newport, Gwent, NP20 1JQ
Please note that as per the 2021 Deed of Variation (please see legal pack), the lease to British Heart Foundation is subject to annual tenant break options on 5 December 2024 and 5 December 2025 subject to providing the Landlord with not less than 6 months written notice. The tenant break option in December 2023 has not been exercised.
Lot 31
103 Church Street, Croydon, London, CR0 1RN
Withdrawn prior to auction.
Lot 32
Units 1 to 4, Shaftesbury Court, Shaftesbury Road, Leyton, London, E10 7DA
The Special Conditions of Sale provide for the Buyer to pay to the Seller on completion 1.5% of the Purchase Price plus VAT and an additional £2000 plus VAT to the Seller as a contribution to the Seller''s costs and disbursements.
Lot 37
Kingsway Shopping Centre, Newport, Gwent, NP20 1EW
As to the Tenure section of the marketing particulars, the property is held Leasehold. Held from Newport City Council for a term of 250 years from 13/08/2009 at a minimum rent of £265,000 per annum subject to annual reviews. Newport City Council have previously offered a reduced rent of £150,000 per annum until June 2025 and buyers are directed to the note and letter from the Council in the legal pack. The full rent review clause is available to view within the legal pack. For the avoidance of doubt, the long leasehold excludes the upper floors of the multi-storey car park and the library.
The lot includes the property at 68 Commercial Street – please refer to the legal pack. The land known as 68 Commercial Street is freehold – please refer to the legal pack for details.
The Wilko store ceased trading on 17 September 2023.
The Gross Contracted Income is currently (as at 19/09/2023) £1,186,682.91 and not as stated in the auction particulars. Please refer to the Legal Pack for further information.
Lot 39
Prince of Wales, 14 New Market Street, Chorley, Lancashire, PR7 1DB
Sold prior to auction.
Lot 40
The Station, 36-40 High Street, Eastleigh, Hampshire, SO50 5LE
Sold prior to auction.
Lot 41
Ashbourne Day Nursery, Grange Mews, Grange Street, Alfreton, Derbyshire, DE55 7JA
Sold prior to auction.
Lot 43
44 Summer Road, Taggs Boatyard, Thames Ditton, Surrey, KT7 0QQ
Sold prior to auction.
Lot 45
32 Fore Street, Bridgwater, Somerset, TA6 3NG
Please note that the approximate floor areas referred to in the auction particulars relate to the ground floor only. The tenant does not currently use the first and second floors, to which there is restricted access from the rear of the shop.
Lot 47
69/71 Cardiff Road, Caerphilly, Glamorgan, CF83 1FP
In respect of the Extra Special Conditions in the Legal Pack, please note Extra Special Condition 4, which has been added: The Buyer will at the Seller’s request provide access to the Property at all times should it be necessary for the Seller and the Seller’s Surveyor to attend the Property to pursue the dilapidations claim referred to at Extra Special Condition 1.
Lot 49
8 to 10 West Avenue, Clacton on Sea, Essex, CO15 1QR
The Special Conditions of Sale provide for the Buyer to pay to the Seller’s Solicitors on completion of the sale up to £1000,00 plus VAT for the Seller’s search costs.and £2,500.00 plus VAT for the Seller’s legal costs.
Lot 50
The Crafty Scholar, 33-37 Church Street, Lancaster, Lancashire, LA1 1LP
Sold prior to auction.
Lot 54
Kiosk 1-6 Asda Superstore, Portland Terrace, Southampton, Hampshire, SO14 7EG
Please note that the Seller has received a request to assign from the tenant of Kiosk 6 and the Seller''s agent has requested documentation to commence covenant checks – please refer to the legal pack for a copy of the email correspondence between the Seller''s agent and the tenant of Kiosk 6.
Lot 55
Castle Place Shopping Centre, Market Street, Trowbridge, Wiltshire, BA14 8AL
Withdrawn prior to auction.
Lot 58
78 Hull Road, Hessle, Hull, East Riding of Yorkshire, HU13 9LU
Withdrawn prior to auction.
Lot 59
9 Wheelock Street, Middlewich, Cheshire, CW10 9AG
Sold prior to auction.
Lot 63
Ness Point (Southstar and Southview), Blackness Road, Aberdeen, AB12 3LH
For the avoidance of doubt, there are 18 car spaces at the front of the property and not 102 car spaces as detailed in the auction particulars.
In addition, the property is only partially sublet to NXG Drilling Services Limited. Please see the amended tenancy schedule at https://www.acuitus.co.uk/property/4911/ and refer to the legal pack and the plan attached to the sublease.
All areas provided are Gross Internal Areas.