Acuitus 29/03/2012 Important Auction & Property Update
ADDENDUM
To the Catalogue for
Auction Sale: 29 March 2012

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.
Lot 2
40 Market Place, Cirencester, Gloucestershire, GL7 2NW
The property has a Gross Frontage of approximately 4.20m and a Net Frontage of approximately 2.90m and not as stated in the tenancy and accommodation schedule on page10 of the auction catalogue. In the Lease to be granted to Sue Ryder on completion the definition "the Conveyance" is dated 28 September 1984 and not, as currently stated, 28 September 1994.
Lot 3
35 Market Square, Leighton Buzzard, Bedfordshire, LU7 1EU
The property benefits from basement storage accommodation of approximately 46.63 sq m (502 sq ft).
Lot 4
11-15 St Mary At Hill,, London, EC3R 8EE
The second floor is let to Ukranian Foods Import Ltd and not as stated in the tenancy and accommodation schedule on page 13 of the auction catalogue. The tenant, Ukranian Foods Import Ltd, is not currently in occupation of the second floor.
As to the third floor lease, the Receivers have consented in principal to an assignment of the lease to UPM-Kymmene (UK) Ltd. The Receivers have signed a Licence to Assign and returned this to the solicitors acting for the tenant, Myllykoski Sales Ltd , who we understand intend to complete it . A copy is of the Assignment of Lease along with the Licence to Assign are available from the legal pack.
Lot 5
Units 1-8 Crigglestone Industrial Estate, High Street, Crigglestone, Wakefield, West Yorkshire, WF4 3HT
Please note that the correct address is as above and not as stated in the auction catalogue. As to the tenancy and accommodation schedule, the lease to CMS Management Services LLP for Unit 3 expires on 05/9/2014 and not as stated in the auction catalogue. Please delete reference to ‘Trugrade’ on the site plan on page 15 of the auction catalogue and replace with ‘Headley Hydraulics’. As detailed in the replies to enquiries in the legal documents, negotiations have been on-going with the tenant of Unit 2 in relation to renewing their lease. Terms have now been agreed in principal for a 3 year fully repairing and insuring lease at a rent of £7,208 p.a with a break after 18 months subject to a 6 weeks rent penalty. The tenant would benefit from three months rent free at the start of the lease. The terms have not yet been documented and the seller will liaise with the purchaser after exchange in relation to taking this forward.
Lot 6
Newdigate House, 62-64 Castle Gate, Nottingham, NG1 6AF
A new Condition 13.11 is to be included in the Sale Agreement for the Property as follows:
13.11 If the Buyer is the tenant under any of the leases specified in Schedule 3 Part 1 or a company in the same VAT group as either of the tenants under the said leases, the parties agree that conditions 13.1 to 13.8 (inclusive) shall not apply, the transfer of the Property shall not be a transfer of a going concern and the Buyer shall pay VAT upon the Purchase Price to the Seller on the Completion Date upon receipt of a VAT invoice from the Seller.
Lot 7
121 High Street, Rickmansworth, Hertfordshire, WD3 1AN
The property has a Gross Frontage of 6.60m (21’ 8”) and a Net Frontage of 5.95m (19’6” ) as not as stated in the Tenancy and Accommodation schedule on page 17 of the auction catalogue.
Lot 9
Units 1 - 10, Stanton Gate, Mawney Gate,, Romford, Essex, RM7 7HL
The property comprises eleven self contained office units and not as stated in the bullet points on page 20 of the auction catalogue or the description paragraph on page 21 of the auction catalogue.
The ground floor of units 4 and 9/10 are used as a day care centre. As to unit 2, a new lease has now been signed with Welcome Financial Services Ltd for a term of 12 months from 21st February 2012 at a rent of £22,850. The lease is available for inspection in the legal pack.
Lot 12
32 Stoney Street, Nottingham, NG1 1LL
In Schedule 1 of the Sale Contract for the Property there is a reference to a Retrospective Licence to Sub sub-underlet (“the Licence”). At present that Licence has not been completed. In the event that the Licence has not been completed by the time of the auction, the reference to the Licence at Schedule 1 of the Sale Contract will be deleted. If the Licence has also not been completed by the time that the sale of the Property is completed, the reference to the Licence will also be deleted from the Transfer deed (the form of which is annexed to the Sale Contract at Appendix A).
A new Condition 13.12 is to be included in the Sale Agreement for the Property as follows:
13.12 If the Buyer is the tenant under the Lease or a company in the same VAT group as the tenant under the Lease, the parties agree that conditions 13.1 to 13.9 (inclusive) shall not apply, the transfer of the Property shall not be a transfer of a going concern and the Buyer shall pay VAT upon the Purchase Price to the Seller on the Completion Date upon receipt of a VAT invoice from the Seller.
Lot 15
Units 1-16 Shaw Lane Industrial Estate, Ogden Road, Doncaster, South Yorkshire, DN2 4SQ
Please delete reference to ‘Bensons for Beds’ on the photo on page 28 and site plan on page 29 in the auction catalogue and replace with ‘Wren Kitchens and Bedrooms’ which forms part of the Thorne Road Retail Park adjacent to the subject property. Other occupiers on the retail park include Iceland and B & M Home Store. For the purposes of clarification please note that the reversion date for Units 8-9 is 28th September 2014 (subject to options as stated in the catalogue). There are no reviews.
Lot 16
84 - 86 High Road, Ilford, Greater London, IG1 1BU
The correct address of the property is 86 High Road, Ilford, Greater London, IG1 1BU and comprises a substantial double fronted corner building. With regard to the street trading plan on page 31 of the auction catalogue, Priceless Shoes and Currys digital are not currently occupying 78 – 80 and 113 -115 High Road respectively. The tenant does not currently occupy the second floor which is accessed only via an external metal staircase. The property comprises accommodation as detailed below and not as detailed in the accommodation and tenancy schedule on page 31 of the auction catalogue.
Floor | Use | Floor Areas (Approx) | |
---|---|---|---|
Sq m | Sq ft | ||
Basement | Ancillary | 221.91 | 2388 |
Ground | Banking Hall | 276.22 | 2973 |
First | Offices | 295.90 | 3188 |
Second | Not Used | 295.90* | 3188* |
Totals | 1089.93 | 11737 |
*Not measured
Lot 17
Units 1-5 Thistle Brewery, Alloa, Clackmannanshire, FK10 1JY
In relation to Unit 3, the sellers letting agent has confirmed that the tenant is hoping to begin trading from the premises in the first week of June and not as stated in the auction catalogue.
Lot 18
96 St James Street, Burnley, Lancashire, BB11 1NJ
The correct address of the property is 96 St James Street, Burnley, Lancashire, BB11 1NJ and comprises a double fronted unit.
Lot 19
54-56 High Street, Billericay, Essex, CM12 9BS
For the purposes of clarification, W H Smith Retail Holdings Limited are currently benefitting from a rent free period due to expire on 17 August 2012. The seller has agreed to deduct from the purchase price the equivalent amount of rent free from completion until the 17 August 2012. WHSmith have completed their fit out and are now open and trading from the retail unit.
The Receivers have received confirmation from HMRC that having checked their records they do not appear to have been notified of an option to tax in respect of the Property. However, the Receivers & Auctioneers offer no warranty that such notification has not been made. The confirmation letter from HMRC is available to inspect in the legal pack.
Lot 20
12 Meeting House Lane, Brighton, East Sussex, BN1 1HB
To clarify, the property benefits from basement storage accommodation of approximately 26.18 sq m (282 sq ft) which is accessed externally via a hatch to the rear of the property and is currently used by the ground floor tenant. A stairwell from the basement to the ground floor unit has been blocked off.
The ground floor lease is internal repairing and insuring lease and not as stated in the tenancy and accommodation schedule.
Please note that we are instructed to sell the freehold of the entire property and the 99 year leasehold interest of the upper parts, dated 7 September 1999. This is to be dealt with by the signature of two separate contracts on exchange, one for the freehold interest and one for the leasehold interest and again on the Completion Date the signing and completion of a separate transfer document for each interest. The purchase price will be apportioned on the contracts as follows - freehold title 68% and leasehold title 32%. To clarify, only one cheque for the full 10% deposit will be required on exchange.
The apportionment and separate contracts are necessary as the Sellers are different entities for the freehold and the leasehold titles and the LPA receivers acting on their behalf are appointed under different appointments.
Following completion the two interests in the property will be merged when the application to register the transfer documents is made by the Purchaser at the Land Registry. The transfer documents have been available in the legal pack and parties are deemed to have purchased with full knowledge thereof.
Lot 22
Units 1-20 Sycamore Centre, Eastwood Trading Estate, Chesterton Way, Rotherham, South Yorkshire, S65 1ST
Unit 9 is currently being used as a Cafe and has permitted use for hot food take away. The boundary of the site plan on page 39 of the auction catalogue does not correctly identify the property being offered for sale. The title plan, which is included in the legal pack, is available for inspection. The buyer will be deemed to have inspected the property and to have purchased with full knowledge thereof. The seller has agreed to renew the lease for Unit 7 to Park Care Meals Ltd for a term of 5 years from 29th April 2012, with no option to determine and at a rent of £10,727 p.a. with an initial 6 months’ rent free. The sellers solicitor is in receipt of the signed documents from the tenant and the lease will be completed prior to the auction. A copy of the draft lease has been included in the legal documents and parties are deemed to have purchased with full knowledge thereof.
As to Unit 4, please note that the tenant JST Bars & Clubs Limited entered liquidation on 1 March 2012. As of 23rd March 2012 the seller has not received any notice of disclaimer from the liquidator and has no knowledge of the liquidators intentions. The tenant is not currently occupying the property.
Lot 23
CCF Unit, Access 26 Business Park, Langley Mill, Derbyshire, NG16 4HY
Travis Perkins Plc are the parent company and holding company of CCF Ltd.
Lot 24
Unit D, The Ridgeway, Ridgeway Trading Estate, Iver, Near Heathrow, Buckinghamshire, SL0 9HX
Please note that the title plan outlined on page 42 of the auction catalogue does not correctly identify the property offered being offered for sale. A title plan showing the correct extent of the property (with title number BM280619) being o ffered is available in the legal pack. The property benefits from the right to use 26 car parking spaces and not as stated in the description paragraph on page 42 of the auction catalogue.
Lot 25
255/257 High Street, Bangor, LL57 1PB
Sold prior to auction.
Lot 28
83 Eltham High Street, London, Royal London Borough of Greenwich, SE9 1TD
As to the street traders plan on page 46 of the auction catalogue, 86 Eltham High Street is now occupied by The Old Greyhound public house. Please delete reference to Clarks Shoes at 120 Eltham High Street. There is a small space to the rear of the property, current used as a smoking area.
Lot 29
324 Essex Road, London, N1 3PB
Sold prior to auction.
Lot 30
Marybone Healthcare Centre & Boots Pharmacy, Unit 1 & 4 Vauxhall Road, Liverpool, Merseyside, L3 2BG
Please note the correct address of the property is Units 1 & 4 Vauxhall Road, City Centre, Liverpool L3 2BG. The property is prominently situated on the edge of the Citys Central Business District and directly opposite three of Liverpool John Moores University Campuses. Moorfields and Lime Street stations are within close proximity together with a number of public car parks including Queen Square, Moorfields and Smithfield. The accommodation comprises the following approximate floor areas measured gross internal and not as stated in the schedule on page 48 of the auction catalogue:
Medical Centre | 317.13 sq m | (3,414 sq.ft) |
Boots | 73.26 sq m | (789 sq.ft) |
Total | 390.39 sq m | (4,203 sq.ft) |
Lot 31
B & M Store, Croft Road, Hawick, TD9 9RD
Please note that to satisfy Money Laundering Regulations 2007, the 10% deposit cheque must be from a UK clearing bank and from an account in the name of the purchaser.
Lot 34
28A Popin Business Centre, Wembley, Middlesex, HA9 0HF
Please delete reference to the bullet point on page 52 stating a total approximate floor area of 464 sq m (5,019 sq ft). The correct total approximate floor area is 419.56 sq m (4,516 sq ft) as stated in the tenancy and accommodation schedule in the auction catalogue. For the avoidance of doubt, there is a basement under the subject property which is excluded from the title. This is stated in the title documentation which has been available in the legal pack and parties are deemed to purchase with full knowledge thereof.
Lot 35
Units 4, 5 & 6 Hydra, Orion Court, Great Blakenham, Ipswich, Suffolk, IP6 0LW
The licence to TDP Direct Marketing Limited dated 6/10/2011 was terminated on 16/12/11. TDP Direct Marketing Limited is still in occupation and paying the licence fee whilst a new licence is negotiated. The Receivers have received confirmation from HMRC that having checked their records they do not appear to have been notified of an option to tax in respect of the Property. However, the Receivers and the Auctioneers offer no warranty that such notification has not been made. The HMRC letter dated 2 March 2012 is available for inspection in the legal pack.
Lot 36
Units 6-11 Pegasus, Orion Court, Great Blakenham, Ipswich, Suffolk, IP6 0LW
The Seller is still awaiting confirmation from HMRC as to whether VAT is applicable to this lot. In the event that the lot is elected for VAT, the buyer will be offered the option of buying the lot as a transfer of a going concern.
Please delete the entire description paragraph within the auction catalogue and replace with the following:
Description
The property comprises six business units, five of which have been let on long leases. The remaining unit, comprises first floor office accommodation which is situated above Unit 10. The unit benefits from air conditioning, suspended ceilings, perimeter trunking and on-site parking for two cars. Please refer to title documentation for full information.