Acuitus 09/05/2024 Important Auction & Property Update

ADDENDUM
To the Catalogue for
Auction Sale: 9 May 2024

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 £1,250+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 March 2021.

Lot 2

41 and 41A High Street, Portishead, Bristol, Somerset, BS20 6AA

Please note that, as noted in the Special Conditions, the Buyer is to pay the Seller a contribution of £1,800 + VAT of the purchase price towards the Seller’s legal fees.

Lot 4

83 & 83a Victoria Road, Cambridge, Cambridgeshire, CB4 3BS

Sold prior to auction.

Lot 5

2-3 George Street, St Albans, Hertfordshire, AL3 4ER

As to the residential long lease at 2a George Street, the lease is for a term of 189 years from 1st January 1984 and not as stated in the Tenancy and Accommodation schedule in the auction sales particulars.

Lot 7

167/169 High Road, Loughton, Essex, IG10 4LF

the Lease: means the lease of 167 High Road Loughton (t/a two kitchens) dated 29 April 2020 made between (1) The Charles S. French Charitable Trust and (2) the tenant (being two individuals)
The tenant of the Lease has applied for landlord’s consent to assign the Lease to Village Grays Ltd (Co. No. 13700516). As of 7 May 2024, the Seller (as landlord) has consented to the proposed assignment in principle subject to:
(a) the current tenant providing an authorised guarantee agreement;
(b) Village Grays Ltd providing a 3 month rent deposit; and
(c) a formal licence to assign and rent deposit deed being entered into.
A draft licence to assign and rent deposit deed have been provided to the tenant’s solicitors who are yet to provide a substantial response. The form of those documents is provided in the auction pack.
Subject to the tenant and the tenant’s solicitors engaging appropriately in negotiation and completion of the assign and rent deposit deed referred to above, the Seller reserves the rights to grant the licence to assign permitting the tenant to assign the Lease for a period of up to 3 months. Subject to the licence to assign being entered into prior to actuation completion, the Buyer will take subject to the licence to assign.

Lot 10

60 Queen Street, Cardiff, CF10 2PX

Sold prior to auction.

Lot 15

91 and 92 Pydar Street, Truro, Cornwall, TR1 2BD

The mark up on the occupiers plan with the auction particulars is incorrect, please refer to the Title Plan within the legal pack.

Lot 18

Olympia Building, Saxon Court, Europa Business Park, Grimsby, Lincolnshire, DN31 2UJ

Sold prior to auction.

Lot 24

1101 and 1103 Christchurch Road, Boscombe East, Bournemouth, Dorset, BH7 6BQ

There is a ‘Shed’ to the rear of the property that has been occupied (under a purported Tenancy at Will) since 2004. The seller has been unable to locate a copy of that document. Any buyer will need to make their own assessment. The only thing available is a letter from Insley & Partners June 2004. The shed is thought to belong to the occupier rather than the seller (as an executor sale there is limited knowledge of this).
Sold prior to auction.

Lot 25

190 and 192 Felixstowe Road, Ipswich, Suffolk, IP3 9AE

Please note that the Buyer is to pay the Seller a contribution of 1% + VAT of the purchase price towards the Seller’s legal fees.

Lot 28

Costa Coffee, 60 The Broadway, Plymstock, Plymouth, Devon, PL9 7AN

The Seller’s title is a virtual freehold and registered under title number DN760656 (granted out of title number DN652409). The sale is of the 999 year headlease dated 1 December 2021 and not as stated in Tenure paragraph in the auction sales particulars.

Lot 31

Whitting Valley Road, Whitting Valley Industrial Estate, Old Whittington, Chesterfield, Derbyshire, S41 9EY

Sold prior to auction.

Lot 32

77 Queen Street, Normanton, West Yorkshire, WF6 1AF

Sold prior to auction.

Lot 34

2 Castle Street, Thornbury, Nr Bristol, BS35 1HB

As detailed in the Special Conditions of Sale, the Buyer will pay a contribution towards the Seller’s legal costs in the sum of £950 plus VAT and disbursements (such to be capped at £100).
Sold prior to auction.

Lot 36

49 The Parade, Leamington Spa, Warwickshire, CV32 4BL

Sold prior to auction.

Lot 37

1-2 High Street, Treorchy, Glamorgan, CF42 6AE

Please note that the lease to Bet Fred is for the ground floor only-please see lease. As per the CPSE’s in the legal pack, the first floor is offered vacant with the only access via the ground floor demise.

Lot 38

9-11 Brown Street, Salisbury, Wiltshire, SP1 1HE

Sold prior to auction.

Lot 39

336 Holderness Road, Hull, East Riding of Yorkshire, HU9 3DQ

Please note that the Buyer will pay a contribution towards the Seller’s legal costs of £950.00 plus VAT, as evidenced in the Special Conditions of Sale.

Lot 40

72/74 Marygate, Berwick-upon-Tweed, Northumberland, TD15 1BN

Please note that the rent in respect of the lease to New Look Retailers Limited is £20,000 pa together with Turnover Rent (if any)-please see Schedule 2 in the lease provided in the Legal Pack. Please note that the auctioneers did not inspect the first floor of the property and confirm that New Look do not currently use the first floor.

Lot 41

436 Welbeck Road, Walker, Newcastle-upon-Tyne, NE6 2NY

Please note that completion of this sale will be 4 weeks from the Contract Date as not as stated in the auction particulars. As stated in the Special Conditions of Sale, the Buyer will contribute to the Sellers legal fees in the sum of 1% of the purchase price + VAT.

Lot 42

2 -3 Market Place, South Shields, Tyne and Wear, NE33 1BH

The Tenancy & Accommodation schedule included in the particulars is incorrect. Please see the amended schedule below.

Floor  Use Floor Areas Approx sq m  Floor Areas Approx sq ft
Tenant  Term Rent p.a.x.
2 Market Place
Ground
Retail 106.20 (1,143) INDIVIDUAL 
t/a Michaels Cafe
A term of years expiring 17/04/2026 £14,167
3 Market Place
Ground
Retail 69.96 (753) INDIVIDUAL 
t/a Knit n Purl
A term of years expiring 11/06/2028 £12,000
Total
175.89 (1,896)
(1)


£26,167

As to the tenancy dated 17 May 2019 between (1) National Westminster Bank Plc and (2) Susan Ann Harris, please note that the tenant has recently closed this shop and has requested a surrender of this tenancy, the tenancy being due to expire on 11 June 2028. The seller has not responded to this request for surrender of the tenancy. Sold prior to auction.

Lot 47

23 Ironmarket, Newcastle-under-Lyme, Staffordshire, ST5 1RH

The Special Conditions of Sale provide for the Buyer, in addition to the purchase price, to pay to the Seller £3,500 plus VAT as a contribution to the Auctioneer’s fees.
Sold prior to auction.

Lot 50

Junction Road Car Park, Eastbourne, East Sussex, BN21 3TX

As to the Note in the Auction sale particulars detailing the restrictive covenants on the Title, please add the following

3. Indenture dated 30 November 1882 – not to erect any buildings or erections on the Property without consent in writing of William Duke of Devonshire his heirs or assigns or the owners for the time being of Compton Place also not without such consent use the Property as a public houser beershop or shop for carrying on any trade or business except that of a builder or carriage builder. Also not to do or permit to be done upon the Property any act or thing which might be or become a nuisance injury or annoyance to any land of William Duke of Devonshire adjoining or near to the Property or to the tenants thereof or do any act which might deteriorate the value of said land

4. Conveyance dated 26 September 1933 – restrictive covenants and rights reserved – please refer to the copy document supplied with the title documentation.

5. The passageway at the back and side of title EB6489 is subject to rights of way.


There are unauthorised occupiers on part of the site and court action is being taken to remove them.
Sold prior to auction.