Acuitus 05/12/2018 Important Auction & Property Update

ADDENDUM
To the Catalogue for
Auction Sale: 5 December 2018

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 1

HSBC, 73 - 75 High Street, Watford, Hertfordshire, WD17 2DS

With regards to the reviews column in the tenancy and accommodations schedule, please delete reference to the review date 17/03/2020 and five yearly. Please refer to the lease for the circumstances in which rent reviews apply.

Lot 2

Hellesdon Park Road, Hellesdon, Norwich, Norfolk, NR6 5DR

With regards to the Special Conditions of Sale please note completion of the sale will be 16th January 2019 and not as stated.

Lot 5

12 / 20 High Street, Wickford, Essex, SS12 9AZ

The description of the property is as follows and not as stated on page 17 of the auction catalogue. The property comprises a regular and level site of approximately 0.10 hectares (0.25 Acres) identified in the land registry title number EX763955, upon which has been built a parade of retail units (12 to 16 and a small part of 18 High Street) with ancillary accommodation on the first floor rear and self contained offices on the first floor front as detailed below. The property also benefits from car parking. As the rent reserved under the terms of the lease is the greater of a minimum rent of £761.11 or 35% of the rents received as defined in the lease which includes a percentage of the rents received from 18 and 20 High Street, the floor areas of 18 and 20 High Street are also shown below.

Unit Trading as Floor Use Approximate Floor Area Note
Sq M Sq ft
12 Bairstow Eves Ground First (Rear) Retail Ancillary 85.80 17.90 924 193 Included in the Freehold Demise being offered for sale.
14 Headlines Ground First (Rear) Retail Ancillary 102.70 22.00 1105 237
16 Favorite Chicken Ground First (Rear) Retail Ancillary 97.50 21.80 1049 235
12 -16   First floor (Front) Offices 178.80 1924
18 (Part) Santander Ground (rear) First (rear) Ancillary Ancillary     10.00 16.00   108 172
      Total 526.50 5667
18 (Part) – Santander Ground First ( extends partly over No 20) Banking Hall Ancillary 265.70 421.80 2860 4540 Not included in the Freehold demise being offered for sale.
20 M&Co Ground Retail 445.90 4750
18 - 20 Papirfly First floor (Front) Offices 186.50 2007
18 (Part) and 20 (Part)   First Storage 204.67 2203

 

The floor areas shown are as published by the Valuation Office Agency, save first floor 18 (Part) and 20 (Part). The floor areas are provided for a use as a guide only and do not form part of the contract of sale. The long lessee Tenant of 12-16 High Street is also the Freeholder of the 18 -20 High Street and has obtained planning consent under reference 17/00675 for 18 High Street for a two storey extension to create 18 apartments. A letter from the tenant has been received by the Seller. A copy of the letter is available within the legal pack. The mark up of the property on the street trading plan on page 17 of the Auction catalogue does not correctly identify the property being offered for sale. A copy of the Title plan correctly identifying the property is available within the legal pack.

Lot 7

15 Load Street, Bewdley, Worcestershire, DY12 2AD

HSBC are currently in the process of subletting the unit on a coterminous, 1954 Act excluded lease to JG Foods Limited T/A Grape Tree at £18,000 per annum. No applications have been made for landlord’s consent and it is understood this is not currently required. The sublease was due to complete on the 3rd December, however we understand it has not yet completed. For further information please refer to the legal pack.

The Seller does not have title to the adjoining ground floor passageway (to the side of the Property and adjacent to 17 Load Street) or to the area of the upper floors directly above the ground floor passageway. The Seller will transfer to the Buyer such right title or interest as it has in those areas (subject to any third party interests) and the draft Transfer will be amended accordingly.

Lot 10

10/11 High Town, Hereford, Herefordshire, HR1 2AA

The lease to Monsoon Accessorize Limited is on assignment from DSG Retail Limited. DSG Retail Limited will remain liable until the earlier of a further assignment of the lease or lease expiry, pursuant to the terms of an Authorised Guarantee Agreement. For the year ending 29th April 2017, DSG Retail Limited reported a turnover of £4,345,700,000, pre-tax profits of £247,600,000 and a total net worth of £477,700,000 (Source: Experian Group 26/11/2018)

Lot 11

Unit 6 Winnersh Fields Business Park, Gazelle Close, Winnersh, Berkshire, RG41 5QS

With regards to the Tenancy & Accommodation Schedule the following amendments apply :-

Ground - 122 sq m (1,313 sq ft)
First – 122 sq m (1,313 sq ft)

Total (approximate) - 244 sq m (2,626 sq ft)

The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

Lot 12

17 Liverpool Road, Birkdale, Southport, Lancashire, PR8 4AR

With regards to the Tenancy & Accommodation Schedule the following amendments apply :-

Ground - Retail/Ancillary - 99.8 sq m ( 1,074 sq ft)
External Rear Store - Ancillary - 20 sq m (215 sq ft)

Total Commercial – 119.80 sq m (1,289 sq ft)

First Floor comprises 3 rooms, kitchen and a bathroom. The first floor is self contained.

The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

The boundary plan on page 27 of the auction catalogue does not correctly identify the property being offered for sale. The title plan showing the correct extent of the property being offered for sale is available for inspection within the legal pack.

Lot 13

2 & 4 Bell Street, 1 & 3 Hart Street, Henley-on-Thames, Oxfordshire, RG9 2BG

The property has been withdrawn prior to auction. The vendor has received a letter from the tenant requesting the rent to be paid monthly. A copy of the letter is in the legal pack. The seller has responded to the tenant rejecting the request as it is not in accordance with the lease which states that the rent is paid quarterly.

Lot 14

Scandic House, Mountergate, Norwich, Norfolkl, NR1 1PY

With regards to the Special Conditions of Sale please note completion of the sale will be 16th January 2019 and not as stated.

Lot 15

31 St. Michael's Road, Paignton, Devon, TQ4 5LP

Please note that the part of the property let on a 999 year lease from 22nd August 2014, is located on the ground and first floors only, and not as stated in the auction catalogue.

Lot 17

Santander, 160 The Marlowes, Hemel Hempstead, Hertfordshire, HP1 1BB

Withdrawn prior to auction.

Lot 20

Winchester House and 25 - 41 Scot Lane, Doncaster, South Yorkshire, DN1 1HD

As to 41 Market Place t/a Paddy Power, the June 2016 rent review has now been agreed at £42,650 pax. A copy of the rent review memorandum is available within the legal pack. Please remove reference a possible lease to MBA Phone World Ltd in the tenancy and accommodation schedule and note 4 on page 39 of the auction catalogue. The total rent is therefore £106,100 pax and not as stated on page 38 and 39 of the auction catalogue.

The lease for Flat 10 is for 150 years expiring in 2166 and not as stated.

The floor area for 41 Market Place is 211.50 sq m (2,277 sq ft) and not as stated on page 39 of the auction catalogue. The total floor area is therefore 458.15 sq m (4,932 sq ft). The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

Lot 21

Lyric Buildings &, 6 King Street, Carmarthen, Carmarthenshire, SA31 1BD

Withdrawn prior to auction.

Lot 22

1 - 3 Market Place, Willenhall, West Midlands, WV13 2AA

Please remove reference to a basement at the property.

Lot 27

44 - 45 High Street, Stamford, Lincolnshire, PE9 2BD

For the purpose of clarification the ground floor area on page 49 of the auction catalogue should read 3,400 sq ft (315.87 sq m) and the total floor area is therefore 5,545 sq ft (782.37 sq m). The floor areas are provided for use as a guide only and do not form part of the contract of sale.

Please remove reference to Carphone Warehouse as a nearby occupier.

The April 2018 review is outstanding. A notice was served on 8 June 2018 by the Seller’s agent at £150,000. The Seller and the tenant have been discussing a regear of the lease and on 22 November 2018 the tenant’s agent indicated that the tenant would consider entering into a three year reversionary lease if a six month rent free and nil increase in respect of the outstanding review could be agreed. An arbitrator has been appointed but no further action has been taken in view of the impending sale.

Lot 30

191 / 192 High Street, Northallerton, North Yorkshire, DL7 8LF

Please note the lease term to AG Retail Cards Limited commences on 26th September 2018 and not as stated in the auction particulars.

Lot 31

81 Fore Street, Redruth, Cornwall, TR15 2BW

The auctioneers did not gain access to the property.

Lot 35

5 - 7 London Street, Basingstoke, Hampshire, RG21 7AB

Please note that the first and second floors of the subject property interconnect with 3 London Street (Nat West Bank). Please note that 23 Winchester Street (formerly RBS) is now vacant.

The Seller confirms that the annual insurance premium payable by the tenant and the current quarter’s rent are outstanding. The latest invoices were uploaded to the Legal Pack on 4th December, along with a copy of the Insurance schedule. The Seller is confident that these sums will be paid prior to the completion date, based on the tenant’s payment record. Secondly, the Seller understands from the tenant that the passing rent under the sublease of the first and second floors is £48,000 pa and that the subtenant served a s26 notice in November, requesting a further 5-year sublease at £40,000 pa.

Lot 36

Unit 1, 75 Tredegar Street, Risca, Blaenau Gwent, NP11 6BW

Withdrawn prior to auction.

Lot 37

6 - 8 Market Square, Hanley, Stoke-on-Trent, Staffordshire, ST1 1NU

With regards to the Tenancy & Accommodation Schedule the following amendments apply :-

Ground – Retail and Ancillary
First Floor – presently used by the tenant for Retail and Ancillary
Second Floor – 48 sq m (516 sq ft)
Third/Attic Floor – not inspected

Total (approximate) - 333 sq m (3,584 sq ft)

The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

Lot 39

263 and 265 London Road, Mitcham, London, CR4 3NH

For the avoidance of doubt, please note that completion of this sale will be 28 business days after the Contract Date.

Please remove Extra Special Condition 2 in the Special Conditions of Sale as the Seller has confirmed that the Buyer will not be required to make any contribution towards the Seller’s Auction fees.

Lot 40

19 - 21 The Parade, Watford, Greater London, WD17 1LQ

From a recent inspection, it appears there is a temporary trader in occupation.

With reference to the street traders plan, 7-9 The Parade is now trading as Asia’s Mart.

Lot 41

56 - 58 Ironmarket, Newcastle-under-Lyme, Staffordshire, ST5 1PE

Please note that the part of the Property let to Loungers Limited benefits from a basement. The basement is not currently used by the tenant and has not been measured by the Auctioneers. The part let to Loungers also benefits from an external rear seating area with an approximate floor area of 46.45 sq m (500 sq ft). In respect of part of the Property let to Meridian Business Support Limited, the approximate area for the first floor offices should read 121.79 sq m (1,311 sq ft) and the second floor should read approximately 84.71 sq m (912 sq ft). The approximate total floor areas therefore should read 544.11 sq m (5,857 sq ft) and not as stated. Please note that RBS Bank and Argos are not located nearby the subject property.

The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

Lot 42

69 King Street & 13 Strand Street, Whitehaven, Cumbria, CA28 7LE

In respect of the residential accommodation, the auctioneers only gained access to 13b Strand Street which is located at the rear of the property and comprises a living room, bathroom and kitchen at first floor and two bedrooms on the second floor. This accommodation at 13b Strand Street is now vacant. The auctioneers were unable to access the residential accommodation at the front (13a Strand Street), but confirm it is let as stated in the auction particulars. The residential managing agent has confirmed that 13a Strand Street also comprises two bedrooms. The total rent therefore is £14,800 per annum (plus the vacant residential accommodation at 13b Strand Street) and not as stated in the auction catalogue.

Lot 46

Opportunity House, 35 - 37 London Road North, Lowestoft, Suffolk, NR32 1BH

For the purpose of clarification, please note that both the first and second floors benefit from a self contained entrance off Bevan Street East.

Lot 47

50 / 54 Regent Street & 1 / 3 Imperial Buildings, Wrexham, Clwyd, LL11 1HE

Sold prior to auction.

Lot 49

Silverburn House, Claymore Drive, Aberdeen, Aberdeenshire, AB23 8GD

In relation to the orange outline on the OS map, please note the boundary does not correctly identify the property being offered for sale. Please refer to Title number ABN57458 available for review within the legal pack. For the avoidance of doubt the approximate site area remains the same at 4.15 hectares (10.27 acres).

Lot 50

50 St Johns Road, Corstorphine, Edinburgh, Scotland, EH12 6PB

Please note the lease to Vermilion -The Smile Experts Limited has now completed and is for a term of 10 years from 15th November 2018 at £26,500 pa, subject to the option to determine and terms as per footnote (1) in the auction particulars.

With regards to the Street traders plan, please note 119B St Johns Road is vacant

Lot 51

207 / 207a London Road, Reading, Berkshire, RG1 3NU

The boundary plan on page 81 of the auction catalogue does not correctly identify the property being offered for sale. The title plan showing the correct extent of the property being offered for sale is available for inspection within the legal pack. The buyer will be deemed to have inspected the property and to have purchased with full knowledge thereof.

Lot 53

Millennium Heights, Units 1 2 & 3, Lune Quays, Lune Street, Lancaster, Lancashire, LA1 2AT

With regards to the tenancy and accommodation schedule please note Unit 2 is for a term of 3 years from 04/02/2017 and not as stated.

Lot 54

LLoyds Bank, 1 Market Place, Helston, Cornwall, TR13 8SU

As to the Street trading plan on page 84 of the Auction catalogue please note the following.

• 8 Market place now trades as Whitewoods.
• 2 and 5 Market Place are now not occupied.
• 4 Church Street now trades as the Red Lion PH.
• 11 and 29 Meneage Street are now not occupied.
• 34 Meneage Street now trades as Sands Clothing.
• 3 Wendron Street is now not occupied.

Lot 55

41 Tavern Street, Ipswich, Suffolk, IP1 3AG

With regards to the Special Conditions of Sale please note completion of the sale will be 16th January 2019 and not as stated.

Lot 57

133 High Street, Tonbridge, Kent, TN9 1DH

The tenure being offered for sale is a Virtual Freehold, held for a term of 999 year from completion of the sale and not as stated in the tenure paragraph on page 87 of the auction catalogue.

Lot 59

37 George Street, Tamworth, Staffordshire, B79 7LJ

Please remove reference to an option to determine on page 89 of the auction catalogue. The lease provides a new 5 year term from 4th December 2018 until 3rd December 2023 with no breaks.

Lot 62

Eggleston Court, Riverside Park, Middlesbrough, North Yorkshire, TS2 1RU

Please note the lease to Barker & Stonehouse Limited on Unit 7 (Ground Floor) has now completed and is for a term of 5 years from 15th November 2018, subject to the option to determine as per footnote (6) in the auction particulars.

Lot 63

Buttermarket Shopping Centre, Market Place, Newark on Trent, Nottinghamshire, NG24 1BF

As to the tenancy and accommodation schedule please remove the floor area of 40.51 sq m (436 sq ft) for the office accommodation let to Newark Town Council as this area has not been measured. As to Unit 3 let to Blacks Outdoor Retail Ltd, the floor area should state 327.48 sq m (3,525 sq ft).The total approximate floor area for the property, excluding the office accommodation, is therefore 2,012.40 sq m (21,663 sq ft) arranged over ground, first and basement floors. The floor areas are provided for use as a guide only and do not form part of the contract of sale.

The boundary plan on page 95 of the auction catalogue does not correctly identify the property being offered for sale as it should not include 5 Market Place. The title plan showing the correct extent of the property being offered for sale is available for inspection within the legal pack. The buyer will be deemed to have inspected the property and to have purchased with full knowledge thereof. As to the street traders plan please also note that Units 4, 5, 6, 7 and 10 should show as vacant as per the tenancy and accommodation schedule.

Units 12 & 13, 14 and 19 are occupied by way of licences and are subject to mutual break options subject to one months notice.

Lot 64

61 High Street, Colchester, Essex, CO1 1DN

Sold prior to auction.

Lot 67

46 / 46a Church Street, Cromer, Norfolk, NR27 9HH

As to footnote 1, the Tenant has exchanged an agreement for lease conditional on landlord’s works, these landlords works have now been completed. Completion of the sale will take place on the later of (i) 16 January 2019 and (ii) 5 working days after completion of the lease set out in the Tenancy Schedule (in substantially the same form as that appended to the related agreement for lease dated 22 November 2018, available for inspection in the legal pack) provided that if the lease has not completed by 5 February 2019 either party can terminate this Contract (provided always that the lease has not yet completed) following which the Deposit shall be returned to the Buyer.

Reference to self contained upper floors should be deleted.

The Attic floor is accessed via a hatch.

The boundary plan on page 99 of the auction catalogue does not correctly identify the property being offered for sale. The title plan showing the correct extent of the property being offered for sale is available for inspection within the legal pack.

The buyer will be deemed to have inspected the property and to have purchased with full knowledge thereof.

Lot 68

Unit 2, 43 / 45 Tavern Street, Ipswich, Suffolk, IP1 3AG

With regards to the key details, tenancy and accommodation schedule, please note the first floor retail & ancillary is 250 sq m (2,691 sq ft) and not as stated in the auction catalogue. The total approximate commercial area is 668 sq m (7,190 sq ft).

The floor areas are provided for use as a guide only and do not form part of the contract of sale.

With regards to the Special Conditions of Sale please note completion of the sale will be 16th January 2019 and not as stated.

Lot 69

Bank House, 82 Church Street, Eccles, Greater Manchester, M30 0DA

With regards to the Special Conditions of Sale please note completion of the sale will be 6 weeks after exchange and not as stated.

Lot 70

61a & 62 High Street, Colchester, Essex, CO1 1DN

Sold prior to auction.

Lot 71

Haworth Castings, Budds Lane Industrial Estate, Romsey Nr Winchester, Hampshire, SO51 0HA

Building B comprises Industrial accommodation, mezzanine storage and First floor office accommodation totalling approximately 840.76 sq m (9049 sq ft) and not as stated the tenancy and accommodation schedule on page 104 of the auction catalogue. The property ( Building A and Building B) comprises a total approximate floor area of 1648.08 sq m (17,739 sq ft)

The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

Lot 73

33 Victoria Street, Paignton, Cornwall, TQ4 5DD

As to the tenancy and accommodation schedule on page 106 of the auction catalogue, the property is let on assignment to Cashino Gaming Limited guaranteed by Praesepe Limited for a term of 15 years from 2nd October 2006 until 1st October 2021. Cashino Gaming Limited has signed a Reversionary lease for a term of 5 years from 30th July 2020 until 30th July 2025. There is a deed of variation dated 17th April 2015 varying the rent reserved under the terms of the lease from £36,500 per annum exclusive to £30,500 per annum exclusive.

The property is located approximately 2 miles south of Torquay and not 2 miles south of Truro and is located in Devon and not as stated of page 106 of the auction catalogue.

Lot 74

721 Capability Green Business Park, Luton, Bedfordshire, LU1 3LU

With regards to the key details, schedule of tenancy and accommodation and footnote (1) please note, the proposed lease to Williams Lea Limited is not agreed. Negotiations are ongoing, so the matter remains outstanding. Therefore footnotes (2) and (3) should be deleted

The Total Rent is £25,250 per annum exclusive and not as stated.

Lot 76

43 High Street, Dudley, West Midlands, DY1 1NZ

Please note the lease to Barnardo`s (Ground Floor) has now completed and is for a term of 10 years from and including 19th November 2018 at £17,000 pa, subject to the option to determine and terms as per footnote (1) in the auction particulars

Lot 77

65 High Street, Falkirk, Scotland, FK1 1DD

There is basement accommodation at the property. The basement accommodation comprises approximately 78.97 sq m (850 sq ft) and is unused by the tenant. The floor areas are provided for a use as a guide only and do not form part of the contract of sale.

Lot 78

32 High Row, Darlington, Durham, DL3 7QW

Sold prior to auction.

Lot 79

1 Market Place, Pontefract, West Yorkshire, WF8 1AG

The retail unit is currently occupied by a charity on a short term agreement, which can be terminated on 2 weeks’ notice.

As to the tenancy and accommodation schedule, please note the ground retail unit is 89.19 sq m (960 sq ft) and not as stated in the auction catalogue. The total commercial area is therefore 89.19 sq m (960 sq ft). The ground floor retail unit also benefits from a small first floor storage area which has not been measured.

The floor areas are provided for use as a guide only and do not form part of the contract of sale