Acuitus 13/10/2016 Important Auction & Property Update

ADDENDUM
To the Catalogue for
Auction Sale: 13 October 2016

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 59

Micklegate House, Horsefair, Pontefract, West Yorkshire, WF8 1PD

In respect of the kiosk let to M.S Ameer, an email was received by Estates & Management (the Seller’s in-house managing agents) on 5th October 2016 at 14:57. This email is included in the Legal Pack. The email appears to be have been sent on behalf of the tenant. In respect of the kiosk, the rent due on June 24th 2016 and September 29th 2016 has not been paid. The contents of the email suggest that this is a deliberate withholding of rent in response to disruption caused by the Seller’s predecessor’s recent building work (to convert the office accommodation on the first, second and third floors of the building to residential). The Seller has reached out to its predecessor in title and to the tenant in an effort to resolve matters and will continue to do so between the date of the auction and completion of the sale. The occupational lease documents held by the Seller do not include any original or copy documentation relating to an application for licence to sublet part of the premises for use as a café. The Seller has been unable to establish whether a sublease has been granted and, if so, upon what terms. The Seller has also sought to establish whether any formal application was made for change of use. For the lease provisions relating to sub-lettings of part and change of use, please see the lease dated 10th November 2009 between Pyramid Properties Limited (1) and Mohammed Sanober Ameer (2). In respect of the approximate floor areas in the tenancy schedule on Page 89 in the auction catalogue, please note the ‘’kiosk/café’’ should read as follows:

Floor Use Sqm Sqft
Ground Retail/Ancillary 47.24 508
Mezzanine Retail/Ancillary 51.26 551
Ground Café/Ancillary 47.75 514

The total approximate area of the entire property therefore should read 564.89 sq m (6,080 sq ft) and not as stated in the auction particulars.