Austin gray auction catalogue 20 nov 2014

thursday20th november20141pmbanqueting suitehove town hallhovebn3 4ah

celebrating 30years of auctions

austingrayauction125

We have listed some ofthe regularly askedquestions raised byprospective purchasersprior to bidding for aproperty at auction.

what does the auctionbrochure tell me?The auction catalogueprovides a photographand a brief descriptionof the property togetherwith clear and concisedetails of any mattersrelevant to the property.do I need any furtherinformation?It is essential that youview the property andobtain a legal packprior to the auction. Thiswill contain all thenecessarydocumentationpertaining to theproperty which hasbeen prepared by thevendors solicitors. Thispack can be sent outat a cost of £10 oremailed free of charge. It is important to readand understand theconditions of sale andpossibly notify yoursolicitor of your intentionto bid.how do I view theproperties?During the three to fourweek marketing period,we set viewing times forall auction properties.These are generallytwice weekly and weare normally at theproperty for twentyminutes at a time.Contact Austin Gray forviewing information.

do I need to arrange amortgage prior to theauction?If your purchase is to besupported by mortgagefinance then YES youneed to have a firmoffer of mortgage priorto attending theauction.do I need a building society valuation?If you apply for amortgage to supportyour purchase then thebuilding society willinstruct their ownvaluer/surveyor.

should I have anindependent surveycarried out?It is recommended thatyou have anindependent surveycarried out. Yoursurveyor should arrangeaccess with theauctioneers and thesurvey should be carriedout well in advance ofthe auction day.

what is a guide priceThe guide prices foreach lot are clearlyshown against each lotand these may besubject to amendmentin the period leading upto the auction.

The guide price is aprice range that theauctioneers expect theproperty to sell within.

what is a reserve priceAll lots unlessspecifically mentionedwill be subject to areserve price. This is afigure at which aproperty can be soldand will generally bebetween theparameters of the guideprice, sometimes belowit but never above theupper end figure. Thereserve can also besubject to change rightup to the start of theauction but will never beabove the top of theguide price.

what do I need on theauction day?To be in receipt of anymortgage offer, theability to pay a 10%deposit, and two formsof identification(passport or drivinglicence, and a utility billshowing your currentaddress).do I need a solicitor inattendance?Not unless you wish todo so. It is wise to notifyyour solicitor of theauction and show himthe auction brochurealong with any otherinformation about theproperty you areinterested in, including acopy of the legal pack.

do I need to register tobe able to bid atauction?Yes you do. Bidders arerequired to register atour auctions. If you donot have a registrationform please contactthe Auction Departmentas soon as possible.Two forms ofidentification areneeded.

how do I bid?Make sure you signalyour bid clearly byraising your biddingpaddle. The auctioneerwill then acknowledgeyour bid. The finalbidding price will berepeated three timesbefore the fall of thegavel.

what happens if I am successful?If you are the highestbidder at the fall of thegavel, you are thesuccessful purchaserand are contractuallybound to complete onthe purchase.

At the end of theauction you will have topay a 10% deposit andsign the necessarypapers. Alldocumentation will thenbe forwarded to yoursolicitor. You cannottake possession of theproperty untilcompletion.how do I pay the 10%deposit?This can be paid bypersonal cheque or bybankers draft. We donot accept credit ordebit cards. Thebalance will have to bepaid upon completion,which is usually 28 daysafter the auction date.

do I have to insure the property?Yes, you must makesure that the property iscovered from the dateof the auction.

is there anything else topay?Yes, there is aadministration fee of£450 + VAT payableunder a separatecheque to Austin Gray.

can I arrange after saleviewingssubsequent after saleviewings will be chargedat a minimum of £30 +VAT, plus mileageallowance.

theprocedureexplained

buying apropertyat auction

residential investmentsvacant flats & housescommercial buildingsdevelopment opportunities auction

12519 lots to be soldby public auctionUnless sold prior

thursday 20th november20141.00pm

to be held in thebanqueting suitehove town hallnorton roadhove bn3 4ah

37 vernon terrace, brighton bn1 3jh

tel. 01273 20 19 80 (option 1, Monday - Friday)fax. 01273 72 76 89

www.austingray.co.uk

bidder registrationform

name of bidder:

tel. no:

date of auction:

lot. no:

address of lot:

full name (s):

contact name:

address:

telephone:

email:

post code:

purchaser’s details (if different from above)

FAO:

company:

address:

telephone:

email:

post code:

solicitor’s details

signature of bidder

date:

ID provided:

trish mahonytel. 01273 20 19 81email. [email protected]

nick muston FRICStel. 01273 20 19 82email. [email protected]

james hancetel. 01273 20 19 83email. [email protected]

theauctionteam

contractadminfee

proof ofidentity

proxybidding

A contract administration fee of £450 plus VAT per property is payable by thepurchasers.

This fee will be payable when contracts are exchanged which is at the sametime as the contractual deposit monies are paid. Payments can only betaken on two separate cheques both made payable to Austin Gray.

Purchasers will be provided with a VAT receipt upon request.

nextauction february 2015

Our next auction will be held on 12th february and we are now inviting entries.To arrange an auction valuation of your site or building without any obligation,please contact from monday to friday

Nick Muston FRICS on 01273 20 19 82 or e-mail [email protected]

1. If you are bidding on behalf of another party you will need to providedocuments as above for both yourself and the buyer and a valid letter ofauthority for you to bid on the Buyers behalf.

2. If you are bidding on behalf of a company as well as the above we willalso require a written authority letter from the company and evidence ofthe company i.e. company registration certificate or VAT bill, or proof thatyou are a director of the company such as a letter from Companies housebearing your name.

We are required by law to follow Money Laundering Regulations. We musttherefore verify your name and residential address.

ONE DOCUMENT FROM EACH LIST IS REQUIRED

evidence of identityCurrent full signed passport Resident permit issued to EU Nationals by the Home OfficeCurrent UK/EU Photo Driving Licence Inland Revenue Tax Notification Firearms Certificate

evidence of addressMost recent mortgage statement Current Local Authority Council Tax Bill Tenancy agreementBank / Building Society statement Utility Bill (not mobile phone)

Lot 1 Arundel Court, Arundel Road, Brighton BN2 5TX No internal viewings

Lot 2 89-90 Lewes Road, Brighton BN2 3HZ By appointment

Lot 3 Maisonette, 13 Dean Street, Brighton BN1 3EG 10.30am Mon 27 Oct, 3, 10 17 Nov

Lot 4 Garden Flat, 13 Dean Street, Brighton BN1 3EG 10.30am Mon 27 Oct, 3, 10, 17 Nov

Lot 5 Land at rear of 3 Ratton Drive, Eastbourne Open site BN20 9BJ

Lot 6 Flat 1B, 31 Sussex Square, Brighton BN2 5AB 10.00am Tues 28 Oct & 4, 11, 18 Nov

Lot 7 Flat 1C, 31 Sussex Square, Brighton BN2 5AB 10.00am Tues 28 Oct & 4, 11, 18 Nov

Lot 8 119b Coombe Road, Brighton BN2 4ED 11.10am Tues 28 Oct & 4, 11, 18 Nov

Lot 9 10 Western Road, Hove BN3 1AE 12.30pm Wed 29 Oct & 5, 12, 19 Nov

Lot 10 182 Leylands Road, Burgess Hill RH15 8HS By appointment

Lot 11 37/38 Gardner Street, Brighton BN1 1UN 9.30am Mon 27 Oct & 3, 10, 17 Nov

Lot 12 53 Preston Street, Brighton BN1 2HE 11.45am Wed 29 Oct, 5, 12, 19 Nov

Lot 13 55 Preston Street, Brighton BN1 2HE 12.05pm Wed 29 Oct, 5, 12, 19 Nov

Lot 14 Flat 1, 66 Davigdor Road, Hove BN3 1RF 2.00pm Mon 27 Oct & 3, 10, 17 Nov

Lot 15 1 Holbrook, Findon Road, Brighton BN2 5NX 10.40am Tues 28 Oct & 4, 11, 18 Nov

Lot 16 24 Castle Street, Brighton BN1 2HD 2.00pm Thurs 30 Oct, 6, 13 Nov

Lot 17 106 Preston Drove, Brighton BN1 6LB By appointment

Lot 18 Flat 4, 8 Oriental Place, Brighton BN1 2LJ 11.10am Mon 27 Oct, 3, 10, 17 Nov

Lot 19 14 Old Shoreham Road, Brighton BN1 5DD 11.45am Mon 27 Oct, 3, 10, 17 Nov

viewingtimes

Please arrive at the property five minutes prior to the viewing start time to ensure a full inspection. Weregret we are unable to allow more than 20 minutes per lot. If you do not arrive at the allotted time wewill leave after 10 minutes if nobody shows up. If you require a property survey please contact the officeto make a separate appointment.

WE WILL ONLY ATTEND VIEWINGS AT THE ALLOTTED TIMES IF PEOPLE HAVE PRE-BOOKED

guide price*A guide price is a range that the auctioneers expect the property to sell within. The reserve price is usuallyset within this range but never above it. Both can be subject to change.

arundel court and 55b/55c arundelroad, kemp town, brighton, eastsussex bn2 5tb• Ground rent investment producing £10,500pa• 10 flats sold off on long leases and 2 shops let

situationThe building is situated in east Brighton, close tothe roundabout and junctions with Roedean Roadand Bristol Gardens, within walking distance ofBrighton Marina and adjacent to Lidl Supermarket.

The area is largely residential with a small paradeof shops and a Co-op convenience store to thenorth and a small industrial estate to the east.

descriptionA substantial freehold block comprising 10 flatssold off on long leases with two retail unitsunderneath.

guide price* £130,000 - £140,000

solicitorsGriffith Smith Conway, 154a Church Road, Hove BN3 2DLTel. 01273 821577. Fao. Christopher Martin

lot 1

Arundel Court

Flat Term Ground Rent

1 189 years from 25/12/1986 £50pa

2 99 years from 25/12/1986 £50pa

3 99 years from 25/3/1988 £50pa

4 from 17/4/2012 to 16/4/2137 £50pa

5 from 25/12/1986 to 24/12/2175 £50pa

6 from 25/3/1986 to 24/3/2175 £50pa

7 99 years from 25/12/1986 £50pa

8 99 years from 25/12/1986 £50pa

9 189 years from 25/12/1986 £50pa

10 99 years from 25/12/1986 £50pa

Section 5(b) notices have been served and thequalifying lessees have not taken up their option.

NB. The freeholder has the right to manage andinsure.

tenancies55bCurrently let to M&O Trading Ltd for use as an OffLicence on a 12 year lease from 25.11.13 at£5000pa. Rent review every 4 years.

55cCurrently let to The Physiotherapy Clinic - Brightonfrom 20.11.12 to 19.11.2022 for £5000pa.

89-90 lewes road, brighton, eastsussex, bn2 3hz• Freehold investment producing £15,200pa• Shop let to Ladbrokes Betting & Gaming Ltd

situationThe property is situated on the western side ofLewes Road close to the Lewes Road Gyratory. Thearea is host to a wide range of local and nationaloccupiers include Sainsbury’s Supermarket,Machine Mart, M&S Food and Pizza Hut.

descriptionA double fronted freehold building comprising aground floor lock-up shop let to Ladbrokes Betting& Gaming Ltd with 2 flats above sold off on longleases.

accommodationGround floorRetail area: 784sqft (72.83m2)Separate male and female wc’sStaff wcStaff kitchen and storeDoor to rear yard

Upper floorsNot inspected

tenanciesThe ground floor is let to Ladbrokes Betting &Gaming Ltd on a 5 year FRI lease expiring24.12.2016 at a passing rent of £15,000pa.

Both of the flats above are sold on 198 year leasesfrom 24.06.1986 paying a ground rent of £100parising over the course of the term.

guide price* £175,000 - £185,000

solicitorsWoolley Bevis Diplock LLP, Lanes End House, 15 Prince Albert Street, Brighton BN1 1HY.Tel. 01273 323321. Fao. Carina Moss

lot 2

maisonette, 13 dean street, brighton,east sussex, bn1 3eg• 3 bedroom maisonette with vacant possession• Desirable residential location• New 999 year lease

situationThe property is located in a quiet street that runsbetween Upper North Street and Western Road.This central location provides good bus links in alldirections and excellent shopping in Western Roadand Churchill Square. Brighton railway station iswithin walking distance.

descriptionThe flat is on the first and second floor of aconverted bay fronted Regency terraced house.The flat benefits from gas central heating and partdouble glazing.

accommodationFront door with stairs to first floor half landing.

First floorLiving room: 11’6 x 11’5 (3.51m x 3.49m) into bay withdouble glazed window.Bedroom 1: 11’8 x 11’9 (3.57m x 3.59m) into bay withdouble glazed windowKitchen with double window and roof lightsBathroom

Second floorBedroom 2: 12’1 x 11’3 max (3.68m x 3.43m) doubleglazed windows open onto a small balcony withoblique sea viewsBedroom 3: 12’ x 10’2 (3.66m x 3.10m) dual aspecteast and south facing double glazed windows

A new 999 year lease with a peppercorn rent will becreated between exchange and completion.

guide price* £230,000 - £240,000

solicitorsQuality Solicitors Howlett Clarke, 8-9 Ship Street, Brighton BN1 1AZ.Tel. 01273 327272. Fao. Warren Robertson

lot 3

lot 5land to the rear of 3 rattondrive, eastbourne, eastsussex, bn20 9bj• Site with development potential STNPC• Approximately 0.25 acres• Private residential estate

guide price*£50,000 - £70,000

solicitorsFortis Law, 11 Prince Albert Street, Brighton BN1 1HE.Tel. 01273 783900. Fao. Debbie Rigby

lot 4garden flat, 13 deanstreet, brighton, eastsussex, bn1 3eg• 1 bedroom ground floor garden flat• Desirable residential location• New 999 year lease

guide price* £165,000 - £175,000

solicitorsQuality Solicitors Howlett Clarke, 8-9 Ship Street,Brighton BN1 1AZ. Tel. 01273 327272.Fao. Warren Robertson

situationRatton Drive is a private tree lined road that leadsinto the Ratton Estate off the A2270. This is locatedto the north of Eastbourne, close to the hospitaland Hampden Park railway station.

descriptionA level rectangular site of approximately 0.25 arcesto the rear of the original lodge house. Prospectivepurchasers can inspect the site at their own risk viaa public footpath which runs along the southboundary.

The site is considered suitable for a large singledwelling subject to obtaining planning consent andlifting of restrictive covenants.

situationThe property is located in a quiet street that runsbetween Upper North Street and Western Road.This central location provides good bus links in alldirections and excellent shopping in Western Roadand Churchill Square. Brighton railway station iswithin walking distance.

descriptionA 1 bedroom ground floor flat with lots of characterand its own private rear garden which was let untilrecently at £825pcm. This flat would suit a first timebuyer or buy to let investor.

accommodationBedroom: 11’7 x 11’8 into bay (3.53m x 3.56m)Living room: 11’7 x 11’4 (3.53m x 3.45m)Kitchen: 11’6 x 5’7 (3.51m x 1.70m) door to 22’ (6.71m)rear patioBathroom

flat 1b, 31 sussex square, brighton,east sussex bn2 5ab• Outstanding 2 bedroom patio flat with vacant possession• Grade I listed building• Premier address close to seafront

situationThe property is located in the north east corner ofthis fine Grade I Listed Regency square. Theseafront, Marina and Kemp Town Village are ashort walk away.

descriptionThe flat which is accessed from the main entrancehallway has been imaginatively created from theoriginal kitchen and store rooms that would haveserved this Regency town house.

A mezzanine room at ground floor level overlooksthe enormous living room which is accessed via anoriginal York stone curved staircase. Features ofthis room include a solid bamboo floor, 15’ highceiling, original cast iron Brighton made range,huge sash window and double doors onto patio.

accommodationLiving room: 23’10 x 17’9 (7.26m x 5.41m) height 15’(4.57m) with recessed dining area 12’10 x 6’5 (3.91mx 1.96m), double doors onto patio 12’10 x 7’2 (3.91mx 2.18m).

Door to newly fitted and tiled shower room.

Kitchen: 11’4 x 5’ (3.45m x 1.52m). Fully fitted withintegrated hob, cooker and fridge freezer.

Room 1: 19’2 x 4’1 (5.84m x 1.24m) Large fittedcupboard.

Room 2: 15’5 x 8’10. With ensuite bathroom.

Room 3: 14’6 x 8’4 (4.42m x 2.54m)

Lease: 99 years from 25 December 2002

guide price* £425,000 - £450,000

solicitorsCripps LLP, Wallside House, 12 Mount Ephraim Road, Tunbridge Wells, Kent TN1 1EG.Tel. 01892 515121. Fao. Sally Trevaskis

lot 6

7 week completion

flat 1c, 31 sussex square, brighton, eastsussex bn2 5ab• Converted former servants quarter and wine cellars• Good location close to seafront• Refurbished and with vacant possession

situationThe property is located in the north east corner ofthis fine Grade I Listed Regency square. Theseafront, Marina and Kemp Town Village are ashort walk away.

descriptionThe accommodation was converted withfreeholder’s consent, several years ago from theoriginal champagne cellars and servants quartersin the basement of the main house. Access is atthe front of the building via a separate staircasefrom the pavement. Although linked via a bolteddoor to flat 1b it has separate utilities, lease and isseparately banded for Council Tax purposes. Sincethe conversion it has been continuously let andmore recently used for holiday lets.

accommodationThe flat benefits from an entry phone system andgas central heating.

Room 1: 18’2 x 18’2 (5.54m x 5.54m) with originalRegency cast iron fireplace and 2 sash windowsopening onto an enclosed patio area.

Patio: 15’9 x 5’8 (4.80m x 1.73m)

Room 2: 11’8 x 11’4 (3.56m x 3.45m) vaulted ceiling

Room 3: 11’1 X 7’5 (3.38m x 2.26m) max. dimensions

Kitchen: 17’6 X 7’7 (5.33m x 2.31m) max. dimensionswith electric range and fridge freezer

guide price* £250,000 - £275,000

solicitorsCripps LLP, Wallside House, 12 Mount Ephraim Road, Tuinbridge Wells, Kent TN1 1EG.Tel. 01892 515121. Fao. Sally Trevaskis

lot 7

7 week completion

119b coombe road, brighton, eastsussex bn2 4ed• 3 bedroom maisonette with garden• In need of modernisation• Vacant possession

situationThe property is situated at the top of Coombe Roadon the corner of Baden Road. The area is a popularresidential location close to Brighton and SussexUniversities.

descriptionA freehold 3 bedroom maisonette in need ofmodernisation with its own private garden. There isthe opportunity to reconfigure the existing layout toprovide further accommodation.

accommodationLiving room: 12’5 x 11’7 (3.78m x 3.53m)

Kitchen: 11’8 x 11’10 (3.56m x 3.61m) door to reargarden

Bedroom 1: 12’1 x 11’8 (3.68m x 3.56m)

Bedroom 2: 9’3 x 8’9 (2.82m x 2.67m) with en-suitebathroom

Bedroom 3: 12’4 x 12’5 (3.76m x 3.78m) door tobedroom 2

Separate wc

guide price* £180,000 - £190,000

solicitorsDean Wilson LLP, 96 Church Street, Brighton, BN1 1UJ. Tel. 01273 249200.Fao. Carl Bate

lot 8

10 western road, hove, east sussex,bn3 1ae• Freehold mixed-use investment producing £25,000pa• Established bar with vacant 3 bedroom maisonette above• Sought after location

situationThe property is situated in an extremely popularthoroughfare opposite the newly refurbished Co-operative food store and close to the junction ofWaterloo Street.

Other nearby occupiers include Reds Hairdressers,Golden Grill, Bankers fish restaurant and the Dukeof Norfolk pub.

descriptionA 5 storey mid-terrace building currently arrangedas a bar over ground floor and basement and avacant 3 bedroom maisonette above. Themaisonette has its own private entrance fromWestern Road.

accommodationGround floor and basementThe bar is arranged over ground, lower ground andbasement levels with an approximate floor area of1,624sqft (150.87m2)

Upper maisonetteLiving room: 14’4 x 13’2 (4.37m x 4.01m)Kitchen: 11’3 x 9’10 (3.43m x 3.00m)BathroomBedroom 1: 11’4 x 8’ (3.45m x 2.44m)Bedroom 2: 14’4 x 13’2 (4.37m x 4.01m)Bedroom 3: 14’11 x 14’5 max (4.55m x 4.39m)

tenanciesThe bar is let to Mr B T McKeever t/a The Bee’sMouth on an expired 10 year term from 25 March2002 at a current rent of £25,000pa.

The maisonette is being sold with vacantpossession

guide price* £500,000 - £550,000

solicitorsBurnand Brazier Tisdall, 72-76 Broadwater Street West, Worthing BN14 9DH.Tel. 01903 235002. Fao. Tony Potter

lot 9

chapel cottage, 182 leylands road,burgess hill, west sussex rh15 8hs• 4 bedroom detached house in large plot• Potential for enlargement of existing house and possible development plot to rear (STNC)• Vacant possession • To be sold on behalf of the Deputies of Harry Redburne Pearce

situationThe property is at the western end of the road nearto the junction of the B2036 London Road andclose to St Andrews Cricket Club. Wivelsfield Greenmainline railway station is at the other end of theroad with regular trains to Gatwick (18 minutes) andVictoria (50 minutes)

descriptionThe property dating predominantly from theVictorian period has been substantially extendedover the years. Internally it is dated and wouldbenefit from a programme of refurbishment andre-configuration of the rooms. Alternatively thesingle storey extension could be turned into a 2-storey building (STNC) to create a substantial familyhome.

In addition the rear garden is potentially largeenough to accommodate another property (STNC).This land is held under a separate title WSX189454.

accommodationGround floor:Front door into:Living room: 23’ x 11’6 (7.01m x 3,51m)Dining room: 11’2 x 11’2 (3.40m x 3.40m)Bedroom 1: 11’9 x 11’3 (3.58m x 3.43m)Kitchen: 12’11 x 6’7 (3.94m x 2.01m)Shower roomBedroom 2: 19’2 x 12’ (5.84m x 3.66m) Max.dimensionBedroom 3: 10’5 x 6’ (3.18m x 1.83m)

First floor:Bedroom 4: 16’4 x 12’ (4.98m x 3.66m)Ensuite: 10’4 x 6’5 (3.15m x 1.96m)Large rear garden approx. 86’ x 57’ (26.21m x 17.37m)with glazed covered swimming pool, brick builtoffice/changing rooms 15’7 x 7’7, (4.75m x 2.31m)and 2 garden sheds.

The block paved driveway provides parking fornumerous cars and there is a detached doublegarage with up and over door.

guide price* £325,000 - £350,000

lot 10

solicitorsAdams Burrows, 34 Broad Street, Staple Hill, Bristol BS16 5NS.Tel. 0117 970 2240. Fao. Mr J York

37 & 38 gardner street, brighton, eastsussex, bn1 1un• Freehold investment producing £42,500pa• Highly sought after City centre location• Future development potential on upper floors STNPC

situationThe property is situated on the eastern side ofGardner Street in the heart of the North Laine areaof Brighton. The area is a vibrant and sought afterretail and leisure destination home to manynational and local retailers, restaurants and pubs.

Nearby occupiers including Komedia, GourmetBurger Kitchen, Jump the Gun and Infinity Foods.

descriptionThe property comprises a pair of 3 storey mid-terrace buildings currently arranged as two retailunits, one a ladies clothes shop, the other ahairdresser with ancillary upper parts. The building isfully let producing an income of £42,500pa.

accommodationNo. 37Lock-up shop with store, kitchen and wc to rear.Total ground floor: 713sqft (66.26m2)

No. 38Hair dressing salon with store, kitchen and wc torear. Stairs to upper floors which expand over No.37.GF total: 800sqft (74.29m2)FF total: 1015sqft (94.26m2)SF total: 546sqft (50.71m2)

tenanciesNo. 37 is let to Noa Noa Ltd by assignment on a 32year lease from 02.02.1989 at a current passingrent of £20,000pa.

No.38 and the entire upper parts are let to NorthLaine Hair Company LLP by assignment on a 10year lease from 23.10.2007 at a current passingrent of £22,500pa.

guide price* £750,000 - £775,000

lot 11


53 preston street, brighton, eastsussex bn1 2he• Freehold mixed-use investment producing £22,200pa• Take away restaurant with 2 bedroom maisonette above• Established tenant

situationThe property is situated on the eastern side ofPreston Street, at the top of the road close to thejunction with Western Road. The road is a busythoroughfare bringing vehicular and foot trafficfrom the seafront to the City centre.

Nearby occupiers include Caffe Nero, Sainsbury’sLocal, Shoe Zone and a host of local retailers,cafes and restaurants.

descriptionA 4 storey mid-terrace building currently arrangedas a take away restaurant over ground floor andbasement and a 2 bedroom maisonette on theupper floors. The maisonette has its own entrancefrom the front. The building is fully let producing£22,200pa.

accommodationBasementStore: 12’10 x 16’5 (3.91m x 5.00m)Staff room: 7’3 x 15’1 (2.21m x 4.60m)WC

Ground floorApproximate floor area: 302sqft (28.1m2)Store room/washing up area

Upper maisonetteLiving room: 12’11 x 16’2 (3.94m x 4.93m)Kitchen: 15’ x 7’ (4.57m x 2.13m)Bedroom 1: 15’5 x 8’ (4.70m x 2.44m)Bedroom 2: 12’3 x 13’3 (3.73m x 4.04m)Bathroom

guide price* £300,000 - £325,000

lot 12


tenanciesThe take away restaurant is let to Mr A Sen t/a EfesKebab holding over on an expired lease at apassing rent of £12,000pa.

The upper maisonette is let at £850pcm.

55 preston street, brighton, eastsussex bn1 2he• Freehold mixed-use investment producing £13,000pa• Take away restaurant with vacant 3 bedroom maisonette above• Popular City centre location

situationThe property is situated on the eastern side ofPreston Street, at the top of the road close to thejunction with Western Road. The road is a busythoroughfare bringing vehicular and foot trafficfrom the seafront to the City centre.

Nearby occupiers include Caffe Nero, Sainsbury’sLocal, Shoe Zone and a host of local retailers,cafes and restaurants.

descriptionA 5 storey mid-terrace building currently arrangedas a take away restaurant over ground floor andbasement and a 3 bedroom maisonette on theupper floors. The vacant maisonette has its ownentrance which is accessed from the rear.

accommodationThe commercial premises had not been inspectedat the time of going to print.

Upper maisonetteFirst floorLiving room: 11’3 x 14’5 (3.43m x 4.39m)Kitchen: 9’9 x 8’ (2.97m x 2.44m)

Second floorBedroom 1: 14’10 x 14’ into bay (4.52m x 4.27m)Bathroom: 10’6 x 8’1 (3.20m x 2.46m)

Third floorBedroom 2: 11’4 x 8’9 (3.45m x 2.67m)Bedroom 3: 11’6 x 10’7 (3.51m x 3.23m)

guide price* £300,000 - £325,000

lot 13


tenanciesThe take away restaurant is let to Mr M Hussain fora term of 15 years from 1 December 2006 at acurrent rent of £13,000pa.

The maisonette is being sold with vacantpossession.

flat 1, 66 davigdor road, hove, eastsussex bn3 1rf• Vacant 1 bedroom refurbished balcony flat• Good buy-to-let investment• Central location close to Seven Dials

situationThe flat is on the first floor of a converted semi-detached building close to the Seven Dials and StAnne’s Well Gardens. The property is relativelyequidistant between the two mainline railwaystations of Brighton and Hove.

descriptionThe flat was converted and refurbished a few yearsago and benefits from a good size open planliving space with modern kitchen and originalfireplace. In addition the flat has exposed woodfloor boards, gas central heating and a balcony.

accommodationLiving room: 14’2 x 13’3 into bay window (4.32m x4.04m) with Kitchen on one wall and combinationboiler.

Bedroom: 13’5 x 9’2 (4.09m x 2.79m) with Frenchdoors onto south facing balcony

Bathroom with contemporary white suite

The flat is being sold with the benefit of a leaseexpiring 23/5/3001.

guide price* £155,000 - £165,000

lot 14

solicitorsDean Wilson LLP, 96 Church Street, Brighton BN1 1UJ. Tel. 01273 249200.Fao. Phaedra Cassillis

1 holbrook, findon road, brighton, eastsussex bn2 5nx• Refurbished 3 bedroom maisonette with garden• Ideal buy to let investment• Close to Hospital and Brighton Marina

situationThe flat is in a purpose built block at the easternend of Brighton close to the Marina and Hospital.

descriptionAccess is from the front of the block or at the rearvia the large free car parking area and across theback garden into the living room.

The flat which has recently been redecoratedcomes with the benefit of uPVC double glazingand gas central heating and will be sold withvacant possession.

It has been successfully let for many years andwould continue to be an ideal buy to letinvestment

accommodationGround floor:Living room: 15’10 x 11’6 (4.83m x 3.51m) with door tolarge garden

Kitchen/breakfast room: 15’10 x 9’10 (4.83m x3.00m)

First floor:Bedroom 1: 11’7 x 9’ (3.53m x 2.74m)

Bedroom 2: 9’10 x 7’7 (3.00m x2.31m)

Bedroom 3: 7’10 x 6’9 (2.39m x 2.06m)

Bathroom

Separate WC

guide price* £160,000 - £170,000

lot 15

solicitorsWoolley Bevis & Diplock, Lanes End House, 15 Prince Albert Street, Brighton BN1 1HY.Tel. 01273 323321. Fao. Oliver Maxwell-Jones

24 castle street, brighton, eastsussex, bn1 2hd• Unbroken freehold investment producing £85,800pa• 7 self-contained flats plus vacant office space with the option for alternative uses• Centrally located close to Western Road

situationThe property is situated in a quiet one-way street in the City centre. Castle Street runs parallel withWestern Road, one of the City’s principal shopping and leisure thoroughfares, and adjacent to PrestonStreet which is well known for is lively and multi-cultural atmosphere.The seafront, Churchill Square Shopping Centre and Brighton Railway Station are all within walkingdistance.

guide price* £1,500,000 - £1,600,000

solicitorsFortis Law, 11 Prince Albert Street, Brighton, BN1 1HE.Tel 01273 783900, Fao Mr D Lawrence

lot 16

descriptionA substantial freehold investment of 7 recentlyconverted self-contained flats (4 x 1 bedroom and 3x 2 bedroom maisonettes) and a vacant office onthe ground floor. There is the possibility of convertingthe vacant office space into another 2 bedroom flat(STNC).

All of the flats have some outside space and inparticular the maisonettes have good sized southfacing balconies.

The 7 flats are all let on AST’s producing an incomeof £85,800pa and, when let, it is considered thevacant office would generate an additional£12,000pa.

accommodation

Description Floor Lease Exp Rent area (pcm) (m2)

Flat 1 1 bed 55 Periodic £795

Flat 2 1 bed 48 11.11.14 £895

Flat 3 1 bed 48 20.02.15 £850

Flat 4 1 bed 48 10.03.15 £925

Flat 5 2 bed 68 Periodic £1,195

Flat 6 2 bed 68 27.02.15 £1,295

Flat 7 2 bed 68 10.04.15 £1,195

Office Office 66 Vacant Vacant

106 preston drove, brighton, east sussexbn1 6lb• Freehold investment producing £11,500pa• Veterinary clinic with flat above sold off

situationThe property is situated in a small parade of shopson the southern side of Preston Drove close to thejunction with Havelock Road and within walkingdistance to Preston Park.

descriptionThe premises are currently arranged as a veterinaryclinic with flat above sold off on a long lease.

accommodationThe ground floor veterinary clinic has the followingapproximate dimensions. At the time of going toprint the auctioneers were unable to inspect allparts of the building.

Max width: 14’3 (4.34m)Max depth: 58’6 (17.83m)Staff wc’s and kitchen areaDoor to rear

tenanciesGround floorLet to Grove Lodge Veterinary Group Limited on a32 year FRI lease by assignment expiring 1/2/2021 at£11,500pa.There is a rent review due on 2/2/2017.

Upper partsThe maisonette has been sold off on a leaseexpiring 16/12/2182 paying a peppercorn groundrent.

guide price* £150,000 - £160,000

lot 17


flat 4, 8 oriental place, brighton, eastsussex, bn1 2lj• First floor studio flat• Let on an AST at £650pcm• Newly refurbished

situationThe flat is situated on the eastern side of OrientalPlace, a few moments’ walk from Preston Street,Western Road and the seafront.

descriptionThe property comprises a newly refurbished studioflat situated in an attractive Grade II listed Regencybuilding.

accommodationStudio room with 3 full length sash windowsopening onto a balcony (awaiting repair) andmodern fitted kitchen: 16’2 x 11’3 (4.93m x 3.43m)

Shower room with wc and hand wash basin

guide price* £120,000 - £125,000

lot 18

solicitorsBurnand Brazier Tisdall, 39 Church Road, Hove BN3 2BU.Tel. 01273 734022. Fao. Ian Gilbert

14 old shoreham road, brighton, eastsussex bn1 5dd• Freehold investment containing 3 self-contained flats• Fully let producing £29,100pa• To be sold on behalf of the Deputies of David Marcel

situationThe property is located on the corner of OldShoreham Road and Hamilton Road in a popularresidential area close to Brighton Station, SevenDials and Preston Circus.

descriptionThe property comprises a 4 storey freehold buildingarranged as 3 self-contained flats. All flats are leton AST’s producing £29,100pa.

accommodationFlat 1 – Ground FloorLiving room: 18’11 x 13’ (5.77m x 3.96m) French doorson to front gardenBedroom: 16’4 x 11’4 (4.98m x 3.45m)Kitchen: 10’8 x 6’6 (3.25m x 1.98m)Bathroom: 10’2 x 5’ (3.10m x 1.52m)Let on an AST at £775pcm

Flat 2 – First FloorLiving room: 13’1 x 11’3 (3.99m x 3.43m)Kitchen: 8’8 x 6’10 (2.64m x 2.08m)Bedroom: 13’3 x 11’4 (4.04 x 3.45m)Bathroom: 8’3 x 6’9 (2.51m x 2.06m)Let on an AST at £650pcm

Flat 3 – Second and Third FloorLiving room: 19’1 x 13’4 (5.82m x 4.06m)Kitchen: 11’4 x 9’6 (3.45m x 2.90m)Bedroom 1: 11’3 x 10’6 (3.43m x 3.20m)stairs to third floor Bedroom 2: 17’3 x 9’5 (5.26m x 2.87m)Bathroom: 11’4 x 7’10 (3.45m x 2.39m)Let on an AST at £1,000pcm

guide price* £475,000 - £500,000

lot 19

solicitorsWSM (Solicitors) LLP, Woodcock House, Gibbard Mews, Wimbledon Village, London, SW19 5BY.Tel. 020 8879 4300. Fao. Jeremy Weller

If you have a house, flat, commercial building, land,development site, ground rent or garage to sell then anauction is the straightforward quick and easy alternativeto a sale by the usual routes.

Austin Gray are one of the largest property auctioneersin the South East of England dealing with a wide range ofresidential and commercial properties throughout Sussex,Surrey and Kent.

For a free appraisal from our professional auction teamcall us on:

01273 20 19 80or visit our website www.austingray.co.uk

Selling by auction? Make Austin Gray your next move!

• Immediate exchange ofcontracts on the day ofthe auction, or earlier ifsold prior to auction.

• Fixed completion date.

• Best price achieved inopen market conditionsthrough competitivebidding.

• High exposure throughextensive traditional andon-line marketing.

• Serious buyers withfunding in place.

3 rudyard road, woodingdean, brighton, bn2 6ub• Freehold development site• Planning permission for 2 x 2 bedroom semi-detached houses with further plot to rear• Favoured residential location

forsale by private treaty

The following properties do not form part of the auction but are available topurchase on a regular agency basis. Offers are invited on a ‘subject tocontract’ basis. Any interested parties can call the auction department on01273 20 19 80 for further details, or to view.

asking price£325,000

situationThe site is situated on Rudyard Road, close to thejunction with The Ridgway in a popular residentialarea east of Brighton City Centre. Frequent busservices serve the area providing excellenttransport links to the surrounding areas.

descriptionA substantial building plot with planning permissionfor 2 x 2 bedroom semi-detached houses underapplication BH2014/01193 to the front and a furtherplot to the rear. There is no approved planningpermission to build on the site at the rear howeverit is our opinion there is scope for a further 2detached dwellings subject to the necessaryconsents.

accommodationThe site measures approximately 0.22 acres withan option to purchase a further 0.07 acres byseparate agreement. Please enquire for furtherinformation with regard to the option.

When built the two bedroom semi-detachedhouses will provide the following accommodation.

Ground floorLiving/Dining roomKitchenGround floor wc

First floorBedroom 1Bedroom 2Bathroom

125 london road,st leonards-on-seatn37 6au• Freehold ground rent investment

offers invitedSubject to serving of section 5a Notices underthe Landlord & Tenant Act 1987 (as amended)

for full details andenquiries contactStewart Gray FRICS. Tel. 01273 [email protected]

21 charles road,st leonards-on-seatn38 0qh • Freehold ground rent investment


for full details andenquiries contactRupert Greenlees Tel: 01273 [email protected]

descriptionFreehold of 6 flats on all on 125 year leases from24.06.1989, thus 99 ¾ years remaining.

Ground Rent now £700 p.a.rising

Insurance and management with Freeholder.

descriptionFreehold as 5 flats with the third floor flat on a shortlease of only 58 years and the remaining flats soldoff on long leases with 99/109/992/155 yearsremaining.

Total current ground rent £110pa

Freeholder manages and insures

forsale

by private treaty

24 wellington square,hastings, tn34 1pn

• Freehold ground rent investment



141 london road,st. leonards-on-sea,tn37 6au• Freehold ground rent investment



descriptionFreehold as 5 flats all sold on 99 Year Leases from25.12.2002, thus 87 years remaining.

There is a Right To Manage in place.

descriptionFreehold of 4 flats sold off as 3 long leases having94 years remaining and 1 short lease of 69 years.

Current Ground Rent at £425 p.a.


forsale

by private treaty

222 ladbroke grove,london w10 5lt

• Freehold ground rent investment



32 /32a albert road, southnorwood, londonse25 4je• Freehold ground rent investment



descriptionFreehold as 5 flats with 2 short leases on 2 x 2bedroom flats of 66 years only. Current ground rentincome £400 pa rising


descriptionFreehold as 2 flats both with short leases of 66years and 58 years only remaining.

Both flats are 2 bedroom.

Both leases are full repairing and insuring and theleaseholders maintain the building as per thelease terms.

forsale

by private treaty

maisonette, 13 deanstreet, brighton

garden flat, 13 deanstreet, brighton

flat 4, oriental place,brighton

This home's performance is rated in terms of the energy use per square metre of floor area, energy

Based on standardised assumptions about occupancy, heating patterns and geographical location, theabove table provides an indication of how much it will cost to provide lighting, heating and hot water to thishome. The fuel costs only take into account the cost of fuel and not any associated service, maintenance orsafety inspection. This certificate has been provided for comparative purposes only and enables one hometo be compared with another. Always check the date the certificate was issued, because fuel prices canincrease over time and energy saving recommendations will evolve.

To see how this home can achieve its potential rating please see the recommended measures.

Flat 1 14 Old Shoreham RoadBrightonBN1 5DD

Dwelling type:Date of assessment:Date of certificate:Reference number:Total floor area:

Ground-floor flat26 August 200902 September 20092768-5034-6258-6861-803451 m²

efficiency based on fuel costs and environmental impact based on carbon dioxide (CO2) emissions.

The energy efficiency rating is a measure of theoverall efficiency of a home. The higher the ratingthe more energy efficient the home is and the lowerthe fuel bills are likely to be.

The environmental impact rating is a measure of ahome's impact on the environment in terms of

Current Potential

Energy use 455 kWh/m² per year 295 kWh/m² per year

Carbon dioxide emissions 3.8 tonnes per year 2.5 tonnes per year

Lighting £31 per year £31 per year

Heating £536 per year £399 per year

Hot water £257 per year £90 per year

This EPC and recommendations report may be given to the Energy Saving Trust to provide youwith information on improving your dwelling's energy performance.

For advice on how to take action and to find out about offers available to help make your homemore energy efficient call 0800 512 012 or visit www.energysavingtrust.org.uk/myhome

Energy Performance Certificate

Energy Efficiency Rating

Estimated energy use, carbon dioxide (CO2) emissions and fuel costs of this home

Current Potential

Very energy efficient - lower running costs

Not energy efficient - higher running costs

England & WalesEU Directive2002/91/EC

Current Potential

England & WalesEU Directive2002/91/EC

carbon dioxide (CO2) emissions. The higher therating the less impact it has on the environment.

4455

7700

Environmental Impact Rating (CO2)

44886655

Very environmentally friendly - lower CO2 emissions

Not environmentally friendly - higher CO2 emissions

(92 plus)

(81-91)

(69-80)

(55-68)

(39-54)

(21-38)

(1-20)

(92 plus)

(81-91)

(69-80)

(55-68)

(39-54)

(21-38)

(1-20)

AA

BB

CC

DD

EE

FF

GG

AA

BB

CC

DD

EE

FF

GG

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Flat 1 66 Davigdor RoadHOVEBN3 1RF

Dwelling type: Mid-floor flatDate of assessment: 06 November 2011Date of certificate: 08 November 2011Reference number: 8179-6129-9089-3396-5906Type of assessment: RdSAP, existing dwellingTotal floor area: 35 m²

This home's performance is rated in terms of the energy use per square metre of floor area, energy efficiencybased on fuel costs and environmental impact based on carbon dioxide (CO2) emissions.


Current PotentialVery energy efficient - lower running costs

(92 plus) AA(81-91) BB(69-80) CC(55-68) DD 6677 6688

(39-54) EE(21-38) FF(1-20) GG


England & Wales EU Directive2002/91/EC

Environmental Impact (CO2) Rating

Current PotentialVery environmentally friendly - lower CO2 emissions

(92 plus) AA(81-91) BB(69-80) CC 7700 7700(55-68) DD(39-54) EE(21-38) FF(1-20) GG



The energy efficiency rating is a measure of the overallefficiency of a home. The higher the rating the moreenergy efficient the home is and the lower the fuel billsare likely to be.

The environmental impact rating is a measure of ahome's impact on the environment in terms of carbondioxide (CO2) emissions. The higher the rating theless impact it has on the environment.


Current PotentialEnergy use 268 kWh/m² per year 262 kWh/m² per yearCarbon dioxide emissions 1.8 tonnes per year 1.8 tonnes per yearLighting £31 per year £21 per yearHeating £343 per year £344 per yearHot water £57 per year £57 per year

The figures in the table above have been provided to enable prospective buyers and tenants to compare the fuelcosts and carbon emissions of one home with another. To enable this comparison the figures have beencalculated using standardised running conditions (heating periods, room temperatures, etc.) that are the samefor all homes, consequently they are unlikely to match an occupier's actual fuel bills and carbon emissions inpractice. The figures do not include the impacts of the fuels used for cooking or running appliances, such as TV,fridge etc.; nor do they reflect the costs associated with service, maintenance or safety inspections. Alwayscheck the certificate date because fuel prices can change over time and energy saving recommendations willevolve.

Remember to look for the Energy Saving Trust Recommended logo when buying energy-efficient products.It’s a quick and easy way to identify the most energy-efficient products on the market.

This EPC and recommendations report may be given to the Energy Saving Trust to provide you withinformation on improving your dwelling’s energy performance.

P

flat 1, davigdor road,hove

119b coombe road,brighton


Flat 1B 31 Sussex SquareBRIGHTONBN2 5AB

Dwelling type: Basement flatDate of assessment: 14 March 2012Date of certificate: 15 March 2012Reference number: 8162-6427-9700-2694-2992Type of assessment: RdSAP, existing dwellingTotal floor area: 85 m²

This home's performance is rated in terms of the energy use per square metre of floor area, energy efficiencybased on fuel costs and environmental impact based on carbon dioxide (CO2) emissions.


Current PotentialVery energy efficient - lower running costs

(92 plus) AA(81-91) BB(69-80) CC(55-68) DD(39-54) EE 4477 4477(21-38) FF(1-20) GG



Environmental Impact (CO2) Rating

Current PotentialVery environmentally friendly - lower CO2 emissions

(92 plus) AA(81-91) BB(69-80) CC(55-68) DD(39-54) EE 4422 4433(21-38) FF(1-20) GG



The energy efficiency rating is a measure of the overallefficiency of a home. The higher the rating the moreenergy efficient the home is and the lower the fuel billsare likely to be.

The environmental impact rating is a measure of ahome's impact on the environment in terms of carbondioxide (CO2) emissions. The higher the rating theless impact it has on the environment.


Current PotentialEnergy use 362 kWh/m² per year 359 kWh/m² per yearCarbon dioxide emissions 5.9 tonnes per year 5.9 tonnes per yearLighting £64 per year £49 per yearHeating £845 per year £847 per yearHot water £238 per year £238 per year

The figures in the table above have been provided to enable prospective buyers and tenants to compare the fuelcosts and carbon emissions of one home with another. To enable this comparison the figures have beencalculated using standardised running conditions (heating periods, room temperatures, etc.) that are the samefor all homes, consequently they are unlikely to match an occupier's actual fuel bills and carbon emissions inpractice. The figures do not include the impacts of the fuels used for cooking or running appliances, such as TV,fridge etc.; nor do they reflect the costs associated with service, maintenance or safety inspections. Alwayscheck the certificate date because fuel prices can change over time and energy saving recommendations willevolve.

Remember to look for the Energy Saving Trust Recommended logo when buying energy-efficient products.It’s a quick and easy way to identify the most energy-efficient products on the market.

This EPC and recommendations report may be given to the Energy Saving Trust to provide you withinformation on improving your dwelling’s energy performance.

Page 1 of 5

flat 1b, 31 sussex square,brighton

1 holbrook, findon road,brighton

89-90 lewes road,brighton

55b, arundel road,brighton

55c, arundel road,brighton

37 gardner street,brighton

38 gardner street,brighton

182, leylands road,burgess hill

energy performance certificates

106 preston drove,brighton

energy performance certificates (continued)

notes

austin graygeneral auction conditions of sale

introductionThe common auction conditions have three main sections:

1. glossaryThis gives special meanings to some words used in the rest of the

conditions.

2. the conduct of the auctionThese conditions regulate the conduct of the auction. If you read our

catalogue or attend the auction you do so on the basis that you accept

them.

3. conditions of saleIf you buy a lot you will sign a sale memorandum under which you agree

to be bound by the conditions of sale that apply to that lot. These

conditions are:

- General conditions that apply to all lots

- Any extra general conditions in the catalogue or an addendum

- Special conditions that only apply to the lot you are buying (and

which may vary the general conditions).

The conditions are legally binding.

important noticeA prudent buyer will, before bidding for a lot at an auction:

- Take professional advice from a conveyancer and, in appropriate

cases, a chartered surveyor and an accountant

- Read the conditions

- Inspect the lot

- Carry out usual searches and make usual enquiries

- Check the content of all available leases and other documents

relating to the lot

- Check that what is said about the lot in the catalogue is accurate

- Have finance available for the deposit and purchase price

- Check whether VAT registration and election is advisable.

The conditions assume that the buyer has acted like a prudent buyer. If you

choose to buy a lot without taking these normal precautions you do so at your

own risk.

1. glossaryIn the conditions wherever it makes sense:

- Singular words can be read as plurals, and plurals as singular words

- A ‘person’ includes a corporate body

- Words of one gender include the other genders

- references to legislation are to that legislation as it may have been

modified or re-enacted by the date of the auction or the contract date

(as applicable)

actual completion dateThe date when completion takes place or is treated as taking place for

the purposes of apportionment and calculating interest.

addendumAn amendment or addition to the conditions or to the particulars whether

contained in a supplement to the catalogue, a written notice from the

auctioneers or an oral announcement at the auction.

agreed completion dateSubject to condition 9.3:

(a) the date specified in the special conditions, or

(b) if no date is specified, 28 days after the contract date

but if that date is not a business day the first subsequent business day.

approved financial institutionAny bank or building society that has signed up to the Banking Code or

Business Banking Code or is otherwise acceptable to the auctioneers.

arrearsArrears of rent and other sums due under the tenancies and still

outstanding on the actual completion date.

arrears scheduleThe arrears schedule (if any) forming part of the special conditions.

auctionThe auction advertised in the catalogue.

auction conduct conditionsThe conditions so headed, including any extra auction conduct

conditions.

auctioneersThe auctioneers at the auction.

business dayAny day except (a) a Saturday or a Sunday (b) a bank holiday in England

and Wales or (c) Good Friday or Christmas Day.

buyerThe person who agrees to buy the lot or, if applicable, that person’s

personal representatives: if two or more are jointly the buyer all obligations

can be enforced against them jointly or against each of them separately.

catalogueThe catalogue to which the conditions refer including any supplement to it.

completionUnless otherwise agreed between seller and buyer (or their conveyancers)

the occasion when both seller and buyer have complied with their

obligations under the contract and the balance of the price is

unconditionally received in the seller’s conveyancer’s client account.

conditionsThis glossary, the conditions for the conduct of the auction, the general

conditions, any extra conditions and the special conditions.

contractThe contract by which the seller agrees to sell and the buyer agrees to

buy the lot.

contract dateThe date of the auction or, if the lot is not sold at the auction:

(a) the date of the sale memorandum signed by both the seller and

buyer or

(b) if contracts are exchanged, the date of exchange. If exchange is not

effected in person or by an irrevocable agreement to exchange

made by telephone, fax or electronic mail the date of exchange is

the date on which both parts have been signed and posted or

otherwise placed beyond normal retrieval.

documentsDocuments of title (including, if title is registered, the entries on the

register and the title plan) and other documents listed or referred to in the

special conditions relating to the lot.

financial chargeA charge to secure a loan or other fanancial indebtness (not including a

rentcharge).

extra conditionsAny additions to or variations of the conditions that are of general

application to all lots.

general conditionsThe conditions so headed.

interest rateIf not specified in the special conditions, 4% above the base rate from

time to time of Barclays Bank Plc.

lotEach separate property described in the catalogue or (as the case may

be) the property that the seller has agreed to sell and the buyer to buy.

old arrearsArrears due under any of the tenancies that are not ‘new tenancies’ as

defined by the Landlord and Tenant (Covenants) Act 1995.

particularsThe section of the catalogue that contains descriptions of each lot (as

varied by any addendum).

practitionerAn insolvency practitioner for the purposes of the Insolvency Act 1986 (or,

in relation to jurisdictions outside the United Kingdom, any similar official).

priceThe price that the buyer agrees to pay for the lot.

ready to completeReady, willing and able to complete: if completion would enable the

seller to discharge all financial charges secured on the lot that have to

be discharged by completion, then those outstanding financial charges

do not prevent the seller from being ready to complete.

sale conditionsThe general conditions as varied by any special conditions or addendum.

sale memorandumThe form so headed set out in the catalogue in which the terms of the

contract for the sale of the lot are recorded.

sellerThe person selling the lot. If two or more are jointly the seller their

obligations can be enforced against them jointly or against each of them

separately.

special conditionsThe conditions so headed that relate to the lot.

tenanciesTenancies, leases, licenses to occupy and agreements for lease, and

any documents varying or supplemental to them.

tenancy scheduleThe tenancy schedule (if any) forming part of the special conditions.

transferIncludes a conveyance or assignment (and to transfer includes to convey

or to assign).

TUPEThe Transfer of Undertakings (Protection of Employment) Regulations 2006.

VATValue Added Tax or other tax of a similar nature.

VAT electionAn election to waive exemption from VAT in respect of the lot.

we (and us and our)The auctioneers.

you (and your)Someone who has a copy of the catalogue or who attends or bids at the

auction, whether or not a buyer.

2. the conduct of the auctionThe catalogue is issued only on the basis that you accept these auction

conditions. They govern our relationship with you and cannot be

disapplied or varied by the sale conditions (even by a condition

purporting to replace the whole of the Common Auction Conditions). They

can be varied only if we agree.

our roleAs agents for each seller we have authority to:

- Prepare the catalogue from information supplied by or on behalf of

each seller

- Offer each lot for sale

- Sell each lot

- Receive and hold deposits

- Sign each sale memorandum

- Treat a contract as repudiated if the buyer fails to sign a sale

memorandum or pay a deposit as required by the conditions.

Our decision on the conduct of the auction is final. We may cancel the

auction, withdraw lots from sale, or alter the order in which lots are offered

for sale. We may also combine or divide lots. You acknowledge that to

the extent permitted by law we owe you no duty of care and you have no

claim against us for any loss.

bidding and reserve pricesWe may refuse to accept a bid. We do not have to explain why. If there is

a dispute over bidding we are entitled to resolve it, and our decision is

final. Unless stated otherwise each lot is subject to a reserve price. If no

bid equals or exceeds that reserve price the lot will be withdrawn from the

auction.

Where there is a reserve price the seller may bid (or ask us or another

agent to bid on the seller’s behalf) up to the reserve price but may not

make a bid equal to or exceeding the reserve price. You accept that it is

possible that all bids up to the reserve price are bids made by or on

behalf of the seller.

Where a guide price (or range of prices) is given that guide is the

minimum price at which, or range of prices within which, the seller might

be prepared to sell at the date of the guide price. But guide prices may

change. The last published guide price will normally be at or above any

reserve price, but not always – as the seller may fix the final reserve price

just before bidding commences.

the particulars and other informationWe have taken reasonable care to prepare particulars that correctly

describe each lot. However the particulars are based on information

supplied by or on behalf of the seller and we are not responsible for

errors. You need to check that the information in the particulars is correct.

If the special conditions do not contain a description of the lot, or simply

refer to the relevant lot number, you take the risk that the description

contained in the particulars is incomplete or inaccurate, as the particulars

have not been prepared by a conveyancer and are not intended to form

part of a legal contract.

The particulars and the sale conditions may change prior to the auction

and its is your responsibility to check that you have the correct versions.

If we provide information, or a copy of a document, provided by others

we do so only on the basis that we are not responsible for the accuracy

of that information or document.

the contractA successful bid is one we accept as such. If you make a successful bid

for a lot you are obliged to buy that lot on the terms of the sale

memorandum. The price will be the amount you bid plus VAT (if

applicable). You must before leaving the auction:

- Provide all information we reasonably need from you to enable us

to complete the sale memorandum (including proof of your

identity that complies with money laundering regulations)

- Sign the completed sale memorandum and

- Pay the deposit

and if you do not we may either:

- As agent for the seller treat that failure as your repudiation of the

contract and offer the lot for sale again: the seller may then have a

claim against you for breach of contract; or

- Sign the sale memorandum on your behalf.

Deposits must be paid by cheque or by bankers’ draft drawn in our favour

on a UK clearing bank or building society. The catalogue states whether

we also accept cash, or debit or credit cards. We may retain the sale

memorandum signed by or on behalf of the seller until we receive the

deposit in cleared funds.

If you make a successful bid for a lot:

- You are personally liable to buy it even if you are acting as an

agent. It is your responsibility to obtain an indemnity from the person

for whom you are the agent

- Where the buyer is a company you warrant that the buyer is properly

constituted and able to buy the lot

- If the buyer does not comply with its obligations under the contract you

are personally liable to buy the lot and must indemnify the seller in

respect of any loss the seller incurs as a result of the Buyer’s default.

extra auction conduct conditionsDespite any special condition to the contrary the minimum deposit we

accept is £2000 (or the total price, if less). A special condition may,

however, require a higher minimum deposit.

3. general conditionsThe general conditions apply except to the extent that they are varied by

extra conditions, the special conditions or by an addendum.

1. the lot1.1 The lot, including any rights granted and reserved, is described

in the special conditions. or if not so described the lot is that referred

to in the sale memorandum.

1.2 The lot is sold subject to all subsisting tenancies, but otherwise

with vacant possession on completion.

1.3 The lot is sold subject to all matters contained or referred to in

the documents (except financial charges: these the seller must

discharge on or before completion) and to such of the following

as may affect it, whether they arise before or after the contract

date and whether or not they are disclosed by the seller or are

apparent from inspection of the lot or from the documents:

(a) matters registered or capable of registration as local land

charges

(b) matters registered or capable of registration by any competent

authority or under the provisions of any statute

(c) notices, orders, demands, proposals and requirements of any

competent authority

(d) charges, notices, orders, restrictions, agreements and other

matters relating to town and country planning, highways or

public health

(e) rights, easements, quasi-easements, and wayleaves

(f) outgoings and other liabilities

(g) any interest which overrides, within the meaning of the Land

Registration Act 2002

(h) matters that ought to be disclosed by the searches and

enquiries a prudent buyer would make, whether or not the

buyer has made them

(i) anything the seller does not and could not reasonably know

about

and where any such matter would expose the seller to

liability the buyer is to comply with it and indemnify the seller

against liability.

1.4. The seller must notify the buyer of any notices, orders,

demands, proposals and requirements of any competent authority

of which it learns after the contract date but the buyer must comply

with them and keep the seller indemnified.

1.5 The lot does not include any tenant’s or trade fixtures or fittings.

1.6 Where chattels are included in the lot the buyer takes them as they

are at completion and the seller is not liable if they are not fit for use.

1.7 The buyer buys with full knowledge of:

(a) the docum ents whether or not the buyer has read them

(b) the physical condition of the lot and what could reasonably be

discovered on inspection of it, whether or not the buyer has

inspected it.

1.8 The buyer is not to rely on the information contained in the particulars

but may rely on the seller’s conveyancer’s written replies to

preliminary enquiries to the extent stated in those replies

2. deposit2.1 The amount of the deposit is the greater of:

(a) any minimum deposit stated in the catalogue (or the total

price, if this is less than that minimum) and

(b) 10% of the price exclusive of VAT.

2.2 The deposit:

(a) must be paid to the auctioneers by cheque or banker’s draft

drawn on a UK clearing bank or building society (or any such

other means of payment as they accept)

(B) IS TO BE HELD AS AGENT FOR THE SELLER UNLESS THE SPECIAL

CONDITIONS PROVIDE THAT IT IS TO BE HELD AS STAKEHOLDER.

2.3 Where the auctioneers hold the deposit as stakeholder they are

authorised to release it and any interest on it to the seller on

completion or, if completion does not take place, to the person

entitled to it under the conditions.

2.4 If a cheque for the deposit is not cleared on first presentation the

seller is entitled to treat the contract as at an end and bring a claim

against the buyer for breach of contract.

2.5 Interest earned on the deposit belongs to the seller unless the

conditions provide otherwise.

3. Between contract and completion3.1 Unless the special conditions state otherwise, seller is to insure the lot

from and including the contract date to completion and:

(a) produce to the buyer on request all relevant insurance details;

(b) pay the premiums when due;

(c) if the buyer so requests, and pays any additional premium, use

reasonable endeavours to increase the sum insured or make other

changes to the policy;

(d) at the request of the buyer use reasonable endeavours to have the

buyer’s interest noted on the policy if it does not cover a contracting

purchaser;

(e) unless otherwise agreed, cancel the insurance at completion, apply

for a refund of premium and (subject to the rights of any tenant or

other third party) pay that refund to the buyer; and

(f) (subject to the rights of any tenant or other third party) hold on trust

for the buyer any insurance payments that the seller receives in

respect of loss or damage arising after the contract date or assign

to the buyer the benefit of any claim;

3.2 No damage to or destruction of the lot or any deteriorationin its

condition, however caused, entitles the buyer to any reduction in

price, or to delay completion, or to refuse to compete.

3.3 Section 47 of the Law of Property Act 1925 does not apply.

3.4 Unless the buyer is already lawfully in occupation of the lot the buyer

has no right to enter into occupation prior to completion.

4. title and identity4.1 Unless general condition 4.2 applies, the buyer accepts the title

of the seller to the lot as at the contract date and may raise no

requisition or objection except in relation to any matter following

the contract date.

4.2 The buyer may raise no requisition or objection to any documents

made available before the auction but in relation to any of the

documents that is not available before the auction the following

provisions apply:

(a) if the lot is registered land the seller is to give to the buyer

within five business days of the contract date an official copy of

the entries on the register and title plan and of all documents

noted on the register that affect the lot

(b) if the lot is not registered land the seller is to give to the buyer

within five business days an abstract or epitome of title starting

from the root of title mentioned in the special conditions (or, if

none is mentioned, a good root of title more than 15 years old)

and must produce to the buyer the original or an examined copy

of every relevant document

(c) the buyer has no right to object to or make requisitions on any

title information more than seven business days after that

information has been given to the buyer.

(d) If title is in the course of registration, title is to consist of

certified copies of:

(i) the application for registration of title made to the land registry:

(ii) the documents accompanying that application;

(iii) evidence that all applicable stamp duty land tax relating to that

application has been paid; and

(iv) a letter under which the seller or its conveyancer agrees to use

all reasonable endeavours to answer any requisitions raised by

the land registry and to instruct the land registry to send the

completed registration documents to the buyer.

(e) The buyer has no right to object to or make requisitions on any

title information more than seven business days after that

information has been given to the buyer.

4.3 Unless otherwise stated in the special conditions the seller sells

with full title guarantee except that (and the transfer shall so provide):

(a) the covenant set out in section 3 of the Law of Property

(Miscellaneous Provisions) Act 1994 shall not extend to matters

recorded in registers open to public inspection; these are to be

treated as within the actual knowledge of the buyer; and

(b) the covenant set out in section 4 of the Law of Property

(Miscellaneous Provisions) Act 1994 shall not extend to any

condition or tenant’s obligation relating to the state or condition of

the lot where the lot is leasehold property.

4.4 The transfer is to have effect as if expressly subject to all matters

subject to which the lot is sold under the contract.

4.5 The seller does not have to produce, nor may the buyer object to or

make a requisition in relation to, any prior or superior title even if it is

referred to in the documents.

4.6 The seller (and, if relevant, the buyer) must produce to each other

such confirmation of, or evidence of, their identity and that of their

mortgagees and attorneys (if any) as is necessary for the other to be

able to comply with applicable Land Registry Rules when making

application for registration of the transaction to which the conditions

apply.

5. transfer5.1 Unless a form of transfer is set out in the special conditions:

(a) the buyer must supply a draft transfer to the seller at least ten

business days before the agreed completion date and the

engrossment (signed as a deed by the buyer if condition 5.2

applies) five business days before that date or (if later) two

business days after the draft has been approved by the seller

and

(b) the seller must approve or revise the draft transfer within five

business days of receiving it from the buyer.

5.2 If the seller remains liable in any respect in relation to the lot (or a

tenancy) following completion the buyer is specifically to covenant in

the transfer to indemnify the seller against that liability.

5.3 The seller cannot be required to transfer the lot to anyone other than

the buyer, or by more than one transfer.

6. completion6.1 Completion is to take place at the offices of the seller’s

conveyancer, or where the seller may reasonably require, on the

agreed completion date. The seller can only be required to

complete on a business day and between the hours of 0930

and 1700. COMPLETION IS 28 DAYS FROM THE DATE OF THE AUCTION

UNLESS VARIED.

6.2 The amount payable on completion is the balance of the price

adjusted to take account of apportionments plus (if applicable) VAT

and interest.

6.3 Payment is to be made in pounds sterling and only by:

(a) direct transfer to the seller’s conveyancer’s client account

and

(b) the release of any deposit held by AGENT FOR THE VENDOR.

6.4 Unless the seller and the buyer otherwise agree completion

takes place when both have complied with their obligations

under the contract and the total payment is unconditionally

received in the seller’s conveyancer’s client account.

6.5 If completion takes place after 1400 hours for a reason other

than the seller’s default it is to be treated, for the purposes of

apportionment and calculating interest, as if it had taken place

on the next business day.

6.6 Where applicable the contract remains in force following

completion.

7. notice to complete7.1 The seller or the buyer may on or after the agreed completion date

but before completion give the other notice to complete within 10

business days (excluding the date on which the notice is given) making

time of the essence.

7.2 The person giving the notice must be ready to complete.

7.3 If the buyer fails to comply with a notice to complete the seller may,

without affecting any other remedy the seller has,

(a) rescind the contract

(b) claim the deposit and any interest on it if held by THE AGENT FOR

THE VENDOR

(c) forfeit the deposit and any interest on it

(d) re-sell the lot and

(e) claim damages from the buyer.

7.4 If the seller fails to comply with a notice to complete the buyer may,

without affecting any other remedy the buyer has:

(a) rescind the contract and

(b) recover the deposit and any interest on it from the seller or, if

applicable, a stakeholder.

8. if the contract is brought to an end8.1 If the contract is rescinded or otherwise brought to an end:

(a) the buyer must return all papers to the seller and appoints the

seller its agent to cancel any registration of the contract

(b) the seller must return the deposit and any interest on it to the

buyer (and the buyer may claim it from the stakeholder, if

applicable) unless the seller is entitled to forfeit the deposit under

general condition 7.3.

9. landlord’s licence9.1 Where the lot is leasehold land and licence to assign is required this

condition applies.

9.2 The contract is conditional on that licence being obtained, by way

of formal licence if that is what the landlord can lawfully require.

9.3 The agreed completion date is to be not earlier than the date five

business days after the seller has given notice to the buyer that the

licence has been obtained.

9.4 The seller must:

(a) use all reasonable endeavours to obtain the licence at the

seller’s expense and

(b) enter into any authorised guarantee agreement properly

required.

9.5 The buyer must:

(a) promptly provide references and other relevant information, and

(b) comply with the landlord’s lawful requirements.

9.6 If within three months of the contract date (or such longer period as

the seller and buyer agree) the licence has not been obtained the

seller or the buyer may (if not then in breach of any obligation under

this condition) by notice to the other rescind the contract at any time

before licence is obtained. Rescission is without prejudice to the

claims of either seller or buyer for breach of this condition 9.

10. interest and apportionments10.1 If the actual completion date is after the agreed completion date for

any reason other than the seller’s default the buyer must pay interest

at the interest rate on the price (less any deposit paid) from the

agreed completion date up to and including the actual completion

date.

10.2 The seller is not obliged to apportion or account for any sum at

completion unless the seller has received that sum in cleared funds.

The seller must pay to the buyer after completion any sum to which

the buyer is entitled that the seller subsequently receives in cleared

funds.

10.3 Income and outgoings are to be apportioned at actual completion

date unless:

(a) the buyer is liable to pay interest and

(b) the seller has given notice to the buyer at any time up to

completion requiring apportionment on the date from which

interest becomes payable.

In which event income and outgoings are to be apportioned on the

date from which interest becomes payable by the buyer.

10.4 Apportionments are to be calculated on the basis that

(a) the seller receives income and is liable for outgoings for the

whole of the day on which apportionment is to be made

(b) annual income and expenditure accrues at an equal daily rate

assuming 365 days in a year and income and expenditure

relating to a period of less than a year accrues at an equal daily

rate during the period to which it relates

(c) where the amount to be apportioned is not known at completion

apportionment is to be made by reference to the best estimate

then available and further payment is to be made by seller or

buyer as appropriate within five business days of the date when

the amount is known

(d) rent payable in arrears for a period that includes the day of

apportionment is to be apportioned for that period as if paid in

advance.

11. arrearsPart 1 Current rent11.1 “Current rent” means, in respect of each of the tenancies subject to

which the lot is sold, the instalment of rent and other sums payable

by the tenant in advance on the most recent rent payment date on

or within four months preceding completion.

11.2 If on completion there are any arrears of current rent the buyer must

pay them, whether or not details of those arrears are given in the

special conditions.

11.3 Parts 2 and 3 of this condition 11 do not apply to arrears of current

rent.

Part 2 Buyer to pay for arrears11.4 Parts 2 of this condition 11 applies where the special conditions give

details of arrears.

11.5 The buyer is on completion to pay, in addition to any other money

then due, an amount equal to all arrears of which details are set out

in the special conditions.

11.6 If those arrears are not old arrears the seller is to assign to the buyer

all rights that the seller has to recover those arrears.

Part 3 Buyer not to pay for arrears11.7 Part 3 of this condition 11 applies where the special conditions:

(a) so state; or

(b) give no details of any arrears.

11.8 While any arrears due to the seller remain unpaid the buyer must:

(a) try to collect them in the ordinary course of management

but need not take legal proceedings, distrain or forfeit the

tenancy

(b) pay them to the seller within five business days of receipt in

cleared funds (plus interest at the interest rate calculated on

a daily basis for each subsequent day’s delay in payment)

(c) on request, at the cost of the seller, assign to the seller or as

the seller may direct the right to demand and sue for old

arrears, such assignment to be in such form as the seller’s

conveyancer may reasonably require

(d) if reasonably required, allow the seller’s conveyancer to have

on loan the counterpart of any tenancy against an undertaking

to hold it to the buyer’s order

(e) not release any tenant or surety from liability to pay arrears

or accept a surrender of or forfeit any tenancy under which

arrears are due; and

(f) if the buyer disposes of the lot prior to recovery of all arrears

obtain from the buyer’s successor in title a covenant in

favour of the seller in similar form to this condition 11.

11.9 Where the seller has the right to recover arrears it must not

without the buyer’s written consent bring insolvency proceedings

against a tenant or seek the removal of goods from the lot.

12. management12.1 This condition applies where the lot is sold subject to tenancies.

12.2 The seller is to manage the lot in accordance with its standard

management policies pending completion.

12.3 Unless set out in the special conditions the seller must consult the

buyer on all management issues that would affect the buyer after

completion, such as an application for licence or a rent review under

a tenancy, a variation, surrender, agreement to surrender or

proposed forfeiture of a tenancy, or a new tenancy or agreement to

grant a new tenancy and:

(a) the seller must comply with the buyer’s reasonable

requirements unless to do so would (but for the indemnity in

paragraph (c)) expose the seller to a liability that the seller would

not otherwise have, in which case the seller may act reasonably

in such a way as to avoid that liability

(b) if the seller gives the buyer notice of the seller’s intended act

and the buyer does not object within five business days

giving reasons for the objection the seller may act as the

seller intends and

(c) the buyer is to indemnify the seller against all loss or liability

the seller incurs through acting as the buyer requires, or by

reason of delay caused by the buyer.

13. rent deposits13.1 This condition applies where the seller is holding or otherwise entitled

to money by way of rent deposit in respect of a tenancy. In this

condition ‘rent deposit deed’ means the deed or other document

under which the rent deposit is held.

13.2 If the rent deposit is not assignable the seller must on completion

hold the rent deposit on trust for the buyer and, subject to the terms

of the rent deposit deed, comply at the cost of the buyer with the

buyer’s lawful instructions.

13.3 Otherwise the seller must on completion pay and assign its interest in

the rent deposit to the buyer under an assignment in which the buyer

covenants with the seller to:

(a) observe and perform the seller’s covenants and conditions in the

rent deed and indemnify the seller in respect of any breach

(b) give notice of assignment to the tenant and

(c) give such direct covenant to the tenant as may be required by

the rent deposit deed.

14.VAT14.1 Where the conditions require money to be paid the payer must also

pay any VAT that is chargeable on that money, but only if given a

valid VAT invoice.

14.2 Where the special conditions state that no VAT election has been

made the seller confirms that none has been made by it or by any

company in the same VAT group nor will be prior to completion.

15. transfer as a going concern15.1 Where the special conditions so state the seller and the buyer

intend the sale to be treated as a transfer of a going concern and

this condition applies.

15.2 The seller confirms that the seller or a company in the same VAT

group:

(a) is registered for VAT either in the seller’s name or as a member of

the same VAT group; and

(b) has, where necessary, made in relation to the lot, a VAT election

that remains valid and will not be revoked before completion.

15.3 The buyer:

(a) is registered for VAT, either in the buyer’s name or as a member

of a VAT group

(b) has made, or will make before completion, a VAT election in

relation to the lot and will not revoke it before or within three

months after completion;

(c) article 5(2B) of the Value Added Tax (Special Provisions) Order 1995

does not apply to it; and

(d) it is not buying the lot as a nominee for another person.

and if it does not produce the relevant evidence at least two

business days before the agreed completion date, general

condition 14.1 applies at completion.

15.4 The buyer is to give to the seller as early as possible before the

agreed completion date evidence:

(a) of the buyer’s VAT registration;

(b) that the buyer has made a VAT option; and

(c) that the VAT option has been notified in writing to HM Revenue

and Customs;

and if it does not produce the relevant evidence at least two

business days before the agreed completion date, condition 14.1

applies at completion.

15.6 If, after completion, it is found that the sale of the lot is not a

transfer of a going concern then:

(a) the seller’s conveyancer is to notify the buyer’s conveyancer of

that finding and provide a VAT invoice in respect of the sale of

the lot and

(b) the buyer must within five business days of receipt of the VAT

invoice pay to the seller the VAT due and

(c) if VAT is payable because the buyer has not complied with this

condition 15, the buyer must pay and indemnify the seller against

all costs, interest, penalties or surcharges that the seller incurs as

a result.

16. capital allowances16.1 This condition applies where the special conditions state that there

are capital allowances available in respect of the lot.

16.2 The seller is promptly to supply to the buyer all information

reasonably required by the buyer in connection with the buyer’s

claim for capital allowances.

16.3 The value to be attributed to those items on which capital

allowances may be claimed is set out in the special conditions.

16.4 The seller and buyer agree:

(a) to make an election on completion under Section 198 of the

Capital Allowances Act 2001 to give effect to this condition, and

(b) to submit the value specified in the special conditions to HM

Revenue & Customs for the purposes of their respective

capital allowance computations.

17. maintenance agreements17.1 The seller agrees to use reasonable endeavours to transfer to the

buyer, at the buyer’s cost, the benefit of the maintenance

agreements specified in the special conditions.

17.2 The buyer must assume, and indemnify the seller in respect of, all

liability under such contracts from the actual completion date.

18. landlord and Tenant Act 198718.1 This condition applies where the sale is a relevant disposal for

the purposes of part I of the Landlord and Tenant Act 1987.

18.2 Unless the special conditions state otherwise the seller warrants that

the seller has complied with sections 5B and 7 of that Act and that

the requisite majority of qualifying tenants has not accepted the

offer.

19. sale by practitioner19.1 This condition applies where the sale is by a practitioner as agent of

the seller.

19.2 The practitioner has been duly appointed and is empowered to sell

the lot.

19.3 The practitioner and the practitioner’s partners and staff have no

personal liability in connection with the sale or the performance of

the seller’s obligations. The transfer is to include a declaration

ex cluding the personal liability of the practitioner and of the

practitioner’s partners and staff.

19.4 The lot is sold:

(a) in its condition at completion

(b) whether or not vacant possession is provided

(c) for such title as the seller may have and

(d) with no title guarantee

and the buyer has no right to rescind the contract or any other

remedy if information provided about the lot is inaccurate,

incomplete or missing.

19.5 Where relevant:

(a) the documents must include certified copies of the charge

under which the practitioner is appointed, the document of

appointment by the lender and the practitioner’s acceptance of

appointment, and

(b) the seller may require the transfer to be by the lender exercising

its power of sale under the Law of Property Act 1925.

19.6 The buyer understands this condition 19 and agrees that it is fair

in the circumstances of a sale by a practitioner.

20. TUPE20.1 Unless the special conditions state that TUPE applies then the

seller warrants that there are no employees whose contracts of

employment will transfer to the buyer on completion.

20.2 If the special conditions state that TUPE applies then:

(a) the seller has informed the buyer of those employees whose

contracts of employment will transfer to the buyer on completion

This notification must be given to the buyer not less than 14 days

before completion.

(b) The buyer confirms that it will comply with its obligations under

TUPE and any special conditions in respect of the Transferring

Employees.

(c) The buyer and the seller acknowledge that pursuant and subject

to TUPE, the contracts of employment between the Transferring

Employees and the seller will transfer to the buyer on completion.

(d) The buyer is to kept the seller indemified against all liability the

those employees after completion.

21. environmental21.1 This condition only applies where the special conditions so provide.

21.2 The seller has made available such reports as the seller has as

to the environmental condition of the lot and has given the buyer the

opportunity to carry out investigations (whether or not the buyer has

read those reports or carried out any investigation) and the buyer

admits that the price takes into account the environmental condition

of the lot.

21.3 The buyer agrees to indemnify the seller in respect of all liability for or

resulting from the environmental condition of the lot.

22. service charge22.1 This condition applies where the lot is sold subject to tenancies that

include service charge provisions.

22.2 No apportionment is to be made at completion in respect of

service charges.

22.3 Within two months after completion the seller must provide to the

buyer a detailed service charge account for the service charge year

current on completion showing:

(a) service charge expenditure attributable to each tenancy

(b) payments on account of service charge received from each

tenant

(c) any amounts due from a tenant that have not been received

(d) any service charge expenditure that is not attributable to any

tenancy and is for that reason irrecoverable.

22.4 In respect of each tenancy, if the service charge account shows

that:

(a) payments on account (whether received or still then due from a

tenant) exceed attributable service charge expenditure, the seller

must pay to the buyer an amount equal to the excess when it

provides the service charge account

(b) attributable service charge expenditure exceeds payments on

account (whether those payments have been received or are still

then due), the buyer must use all reasonable endeavours to

recover the shortfall from the tenant at the next service charge

reconciliation date and pay the amount so recovered to the

seller within five business days of receipt in cleared funds.

and in respect of payments on account that are still due from a tenant

condition 11 (arrears) applies.

22.5 In respect of service charge expenditure that is not attributable

to any tenancy the seller must pay any incurred in respect of the

period before actual completion date and the buyer must pay any

incurred in respect of the period after actual completion date. Any

necessary monetary adjustment is to be made within five business

days of the seller providing the service charge account to the buyer.

22.6 If the seller holds any reserve or sinking fund on account of future

service charge expenditure:

(a) the seller must assign it (including any interest earned on it) to the

buyer on completion and

(b) the buyer must covenant with the seller to hold it in accordance

with the terms of the tenancies and to indemnify the seller if it

does not do so.

23. rent reviews23.1 This condition applies where the lot is sold subject to a tenancy

under which a rent review due on or before the actual completion

date has not been agreed or determined.

23.2 The seller may continue negotiations or rent review proceedings

up to the actual completion date but may not agree the level of the

revised rent or commence rent review proceedings without the

written consent of the buyer, such consent not to be unreasonably

withheld or delayed.

23.3 Following completion the buyer must complete rent review

negotiations or proceedings as soon as reasonably practicable

but may not agree the level of the revised rent without the written

consent of the seller, such consent not to be unreasonably withheld.

23.4 The seller must:

(a) give to the buyer full details of all rent review negotiations and

proceedings, including copies of all correspondence and other

papers, and

(b) use all reasonable endeavours to substitute the buyer for the

seller in any rent review proceedings.

23.5 The seller and the buyer are to keep each other informed of the

progress of the rent review and have regard to any proposals the

other makes in relation to it.

23.6 When the rent review has been agreed or determined the buyer

must account to the seller for any increased rent and interest

recovered from the tenant which relates to the seller’s period of

ownership within five business days of receipt of cleared funds.

23.7 If a rent review is agreed or determined before completion but

the increased rent and any interest recoverable from the tenant

has not been received by completion the increased rent and any

interest recoverable is to be treated as arrears.

23.8 The seller and the buyer are to bear their own costs in relation to rent

review negotiations and proceedings.

24. tenancy renewals24.1 This condition applies where the tenant under a tenancy has the

right to remain in occupation under part II of the Landlord and

Tenant Act 1954 (as amended) and references to notices and

proceedings are to notices and proceedings under that Act.

24.2 Where practicable, without exposing the seller to liability or

penalty, the seller must not without the written consent of the

buyer (which the buyer must not unreasonably withhold or delay)

serve or respond to any notice or begin or continue any

proceedings.

24.3 If the seller receives a notice the seller must send a copy to the

buyer within five business days and act as the buyer reasonably

directs in relation to it.

24.4 Following completion the buyer must:

(a) with the co-operation of the seller take immediate steps to

substitute itself as a party to any proceedings

(b) use all reasonable endeavours to conclude any

proceedings or negotiations for the renewal of the tenancy

and the determination of any interim rent as soon as

reasonably practicable at the best rent or rents reasonably

obtainable.

(c) if any increased rent is recovered from the tenant (whether as

interim rent or under the renewed tenancy) account to the seller

for the part of that increase that relates to the seller’s period of

ownership of the lot within five business days of receipt of cleared

funds.

24.5 The seller and the buyer are to bear their own costs in relation to the

renewal of the tenancy and any proceedings relating to this.

25. warranties25.1 Available warranties are listed in the special conditions.

25.2 Where a warranty is assignable the seller must:

(a) on completion assign it to the buyer and give notice of

assignment to the person who gave the warranty

(b) apply for, and the seller and the buyer must use all

reasonable endeavours to obtain, any consent to assign that is

required. If consent has not been obtained by completion the

warranty must be assigned within five business days after the

consent has been obtained.

25.3 If a warranty is not assignable the seller must on completion:

(a) hold the warranty on trust for the buyer

(b) at the buyer’s cost comply with such of the lawful instructions of

the buyer in relation to the warranty as do not place the seller in

breach of its terms or expose the seller to any liability or penalty.

26. no assignmentThe buyer must not assign, mortgage or otherwise transfer or part with the

whole or any part of the buyer’s interest under this contract.

27. registration at the Land Registry27.1 This condition 27.1 applies where the lot is leasehold and its sale

either triggers first registration or is a registrable disposition. The buyer

must at its own expense and as soon as practicable:

(a) procure that it becomes registered at Land Registry as proprietor

of the lot;

(b) procure that all rights granted and reserved by the lease under

which the lot is held are properly noted against the affected

titles; and

(c) provide the seller with an official copy of the register relating to

such lease showing itself registered as proprietor.

27.2 This condition 27.2 applies where the lot comprises part of a

registered title. The buyer must at its own expense and as soon as

practicable:

(a) apply for registration of the transfer;

(b) provide the seller with an official copy and title plan for the

buyer’s new title; and

(c) join in any representations the seller may properly make to Land

Registry relating to the application.

28. notices and other communications28.1 All communications, including notices, must be in writing.

Communication to or by the seller or the buyer may be given to or by

their conveyancers.

28.2 A communication may be relied on it:

(a) delivered by hand; or

(b) made electronically and personally acknowledged (automatic

acknowledgement does not count);

(c) there is proof that it was sent to the address of the person to

whom it is to be given (as specified in the sale memorandum) by

a postal service that offers normally to deliver mail the next

following business day.

28.3 A communcation is to be treated as received;

(a) when delivered, if delivered by hand; or

(b) when personally acknowledged, if made electronically;

but if delivered or made after 1700 hours on a business day a

communication is to be treated as recieved on the next business day.

28.4 A communication sent by a postal service that offers normally to

deliver mail the next following business day will be treated as received on

the second business day after it has been posted.

29. contracts (rights of third parties) act 1999No one is intended to have any benefit under the contract pursuant to

the Contract (Rights of Third Parties) Act 1999.

salememorandum

seller

sellers conveyancer

buyer

buyers conveyancer

Name.

Address.

Date.

The lot.

Company.

Contact.

Address.

Name.

Company.

Signed by the buyer

Signed by Austin Grayon behalf of the seller

Contact.

Address.

The price (excl. any VAT) £

Deposit paid £

Balance due on completion £

Address.

The seller agrees to sell and the buyer agrees to buy the lot for the price. Thisagreement is subject to the conditions so far as they apply to the lot.We acknowledge receipt of the deposit.

The completion date will be 28 days after exchange of contracts unless otherwisestated in the Special Conditions of Sale.

Send your completed form to:

Auction Department, Austin Gray, 37 Vernon Terrace, Brighton BN1 3JH

Tel: 01273 20 19 80 (option 1)

Fax: 01273 72 76 89

Email: [email protected]

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notice to all bidders

1. The attention of prospective bidders is drawn to theGeneral and Special Conditions of Sale relating tothe properties. Special Conditions are available onrequest.

2. Prospective bidders shall be deemed to haveinspected the relevant property and made all usualand necessary searches and enquiries with allrelevant authorities and bodies.

3. The successful bidder is under a binding contract assoon as the auctioneer’s hammer falls on his/herbid. Immediately thereafter the buyer is required tohand to the auctioneer’s clerk a note of his/hername and address and that of his/her solicitors andto sign a memorandum of contract and to pay therequired deposit before leaving the auction room.

4. If a person attending the sale intends to bid onbehalf of another person or company, he/she shall,before the sale commences, hand to theauctioneer a note of the name and address of thatperson or company, failing which the auctioneershall be entitled, at any time prior to the completion,to take the bidder as the contractual buyer whetheror not the auction contract was signed for or onbehalf of some other person or company.

5. The auctioneers reserve the right to hold thememorandum of contract by them on behalf of theseller until a buyers cheque for the deposit has beencleared.

6. Any amendments to the details within the cataloguewill be shown on an addendum sheet prior to theauction.

7. The particulars are intended to give outlinedescriptions of the properties and their accuracy isnot guaranteed. Neither the auctioneers nor theiremployees either seek to give any warranties as tocondition or size or any other matter or have anyauthority to give such warranties on behalf of thevendors.

8. Buyers must satisfy themselves on all matters bytheir own inspections.

9. Services and appliances have not been tested byAustin Gray (or any joint agent), and thereforeprospective bidders should obtain their ownverification as to condition / working order.

10. There is an administration fee applicable of £450+VAT per lot and this must be paid separately to the10% deposit at the time of signing the contract.

11. Each lot is sold subject to the Common AuctionConditions drawn up by the Royal Institution ofChartered Surveyors (Edition 3 - September 2009),shown at the back of this catalogue.

12. Bidders are also required to register. Registrationcommences one hour prior to the start of the sale. Ifyou do not have a registration form, please contactthe auction department as soon as possible.

money laundering regulations

1. We must take and keep for our records, aphotocopy of two approved forms of identificationfor each bidder and buyer. A valid passport or validphoto driving licence and a utility bill showing yourcurrent address, comply with requirements. Failure toprovide satisfactory identification could delay yourpurchase.

deposit

1. The minimum deposit to pay for an auction lot is£2000.

2. We do not accept credit cards.

legal documentation

1. The legal documentation has been supplied by thesellers conveyancer, or the seller. If the packagereceived is incomplete it will mean that anyoutstanding paperwork will be sent on as soon as itis received by this office. Any enquiries should bedirected to the auctioneers office in the firstinstance.

2. Photocopies of documents are provided andtherefore if any part of it is unclear then pleaseadvise accordingly immediately.

3. Photocopies of plans and drawings may well havebeen reduced in size and therefore if you wish tosee the original documents it is advisable to makean appointment to come to the auctioneers office.

4. All legal documentation we have received to datewill be enclosed in your legal pack, howeversupplementary information and documentation maywell be forthcoming between now and the date ofthe auction. It is your responsibility to ensure that youhave made full legal enquiries and taken yoursolicitors advice on all matters prior to bidding.

5. The legal documents may be subject to changesand if this should occur these will be announced onthe auction day on our addendum sheet. Pleasetake care to read this on the day as this may affectyour bidding on a particular property. The addendumsheet will form part of the contract.

6. A copying charge of £10.00 inclusive of VAT will bepayable for each set of legal paperwork.

telephone bidding

1. We strongly advise you to attend the auction ifpossible. Telephone lines are limited and we use afirst come, first served basis. If you cannot attendthe auction but would like to bid please contact ouroffices as soon as possible.

2. We must have cleared funds in place prior toauction and will not accept bids if funds are not inplace. We require either a personal cheque, buildingsociety cheque or a bankers draft.

3. One of our staff will then telephone you as thespecific lot is offered in ‘the room’. In the event thattelephone contact is not established or breaks downAustin Gray cannot be held responsible.

4. If a telephone bidder is successful, the auctioneerwill sign the contract on the buyer’s behalf. A bindingcontract will be made upon the fall of the gavel.

5. It should be noted that unlike some auctioneers,Austin Gray will not bid on a buyers behalf up to agiven limit. The only way that we will accept bidsfrom interested parties who cannot attend ‘the room’is on the above telephone bidding basis.

viewings

1. We have arranged block viewings for each of thelots. We will arrive promptly at the allotted time and ifnobody shows up we will leave after 10 minutes. Allviewings are to be strictly accompanied by arepresentative of Austin Gray at the set times asstated in our viewing sheet.

2. Please contact our offices for details of viewingtimes. Please note that the auction department isopen for enquiries between 9.00am and 6.00pm,Monday to Friday. We regret that enquiries cannotbe answered at weekends.

pre-auction offers

1. Offers will only be considered if the lot has beenviewed and the legal pack has been inspected. Pre-auction bids are on the basis of an immediateexchange of auction contracts upon acceptanceby the vendor, with the buyer providing a full 10%deposit and payment of the administration fee.

2. Please check the availability of a lot to avoid wastedtime and expense.

37 vernon terrace, brighton bn1 3jh01273 20 19 80www.austingray.co.uk