Property Auction - Hewshott International · 5 IMPORTANT NOTICE: A Buyer’s Premium of £450 (plus V.A.T.) per lot will apply. 1 21 Shearer Road, Fratton, Portsmouth PO1 5LL

www.nesbits.co.uk

Established 1921

Chartered Surveyors • Auctioneers • Estate Agents • Valuers

023 9286 4321

Thursday 17th May 2018 at 11am

C A T A L O G U E

Property Auction

to be held at The Mountbatten Room, former Royal Marines Museum,Eastney Esplanade, Southsea, Hampshire PO4 9PX

1 www.nesbits.co.uk IMPORTANT NOTICE: A Buyer’s Premium of £450 (plus V.A.T.) per lot will apply.

Spring, at last, is in the air. Whilst the economy has its

ups and downs, employment remains strong, and the

property market is resilient.

Yes, there is a lack of supply, but accurate pricing

ensures interest and swift sales.

The outlook, even with Brexit over the horizon,

remains optimistic. We look forward to taking

your bids!

In respect of properties entered for May, Robin Evans

comments:

The May Auction sees an unusual, and I am sure

attractive, accumulation of instructions from sellers,

with all 7 Lots being example of the archetypal 2 or 3

bedroom City house.

The maximum margin across the various Price Guides

is just £50,000. Plenty of choice for builders, investors

and keen owner-occupiers.

DAVID NESBIT

Welcome to the MayAuction Catalogue

Auction Results

Auction VenueOur Property Auction Sales are held in The Mountbatten Room, former Royal Marines Museum Southsea - Seafront entrance and car park. Important note: Parking charges will apply.

Contact informationHead Office:7 Clarendon Road, Southsea, Hampshire PO5 2EDTel: 023 9286 4321 Fax: 023 9229 5522

Email:[email protected]@[email protected]

12th July 2018Our next Property Auction is

To be held at the:Former Royal Marines Museum, SouthseaENTRIES INVITED

2017 (inc. pre-and post-Auction) 86%March 2018 75%

www.nesbits.co.uk 2IMPORTANT NOTICE: A Buyer’s Premium of £450 (plus V.A.T.) per lot will apply.

We offer proxy and te lephone bidding on al l Lots . For further information, please cal l 023 9286 4321

Agents Notes: None of the statements contained in the particulars of the aforementioned properties are to be relied on as statements or representations of facts. The particulars do not form part of any contract. Measurements are approximate

Order of Sale (Unless previously sold)

Vendors Solicitors

Lot Address Guide Price

Lot 1 21 Shearer Road, Fratton, Portsmouth, PO1 5LL £130,000 - £135,000

Lot 2 115 Penhale Road, Fratton, Portsmouth PO1 5EG £140,000 - £150,000

Lot 3 156 Walmer Road, Fratton, Portsmouth PO1 5AU £160,000 - £170,000

Lot 4 84 Dunbar Road, Southsea PO4 8EY £165,000 - £175,000

Lot 5 108 Oxford Road, Southsea PO5 1NR £160,000 - £170,000

Lot 6 34 Montgomerie Road, Southsea PO5 1ED £175,000 - £180,000

Lot 7 65 Idsworth Road, Baffins, Portsmouth PO3 6NL £170,000 - £180,000

Lot 1 Blake Morgan, Harbour Court, Compass Road, Tel: 023 9222 1122 North Harbour, Portsmouth PO6 4ST Ref: Deborah Castle

Lot 2 Blake Morgan, Harbour Court, Compass Road, Tel: 023 9222 1122 North Harbour, Portsmouth PO6 4ST Ref: Deborah Castle

Lot 3 Warner Goodman, Colman House, 2-4 Landport Terrace, Tel: 023 9275 3575 Southsea PO1 2RG Ref: Emma Lee

Lot 4 Quality Solicitors Large & Gibson, Kent House, 49 Kent Road, Tel: 023 9229 6296 Southsea PO5 3EJ Ref: Barry King

Lot 5 Watson Farley & Williams LLP, 15 Appold Street, London EC2A 2HB Tel: 0207 814 8000 Ref: Gary Ritter

Lot 6 Biscoes, Kingston Place, 62-68 Kingston Crescent, Tel: 023 9266 0261 North End, Portsmouth PO2 8AQ Ref: Gillian Cowling

Lot 7 Larcomes, 168 London Road, North End, Portsmouth PO2 9DN Tel: 023 9244 8100 Ref: Paul Lee

Viewing: By appointment with D.M. Nesbit & Co. - Tel: 023 9286 4321. For Auction results view www.nesbits.co.uk


The sale is subject to “Common Auction conditions”produced by the Royal Institution of Chartered Surveyors.

IMPORTANT NOTICE

TO COMPLY WITH CHANGES TO THE “MONEY LAUNDERING REGULATIONS” AS OF THE 26th JUNE 2017 IT IS NECESSARY FOR ALL PROSPECTIVE BIDDERS TO PRE-REGISTER WITH D. M. NESBIT & CO. USING THE ‘PURCHASER REGISTRATION FORM’.*

(It will be possible to register on the day in the Saleroom but please allow our staff sufficient administration time).

*Please note that we will undertake a search with ‘Credit Reference Agencies’ for the purposes of verifying your identity. To do so the Credit Reference Agencies may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. This will not leave a footprint on your credit file. A record of the Search will be retained.

Proof of identity• Any document with photograph issued by an

official authority

• Current Signed Passport

• Current UK Driving Licence or Disabled Driver Pass

• EU State ID Card

• Home Office Resident Permit

• Benefit book or original letter from Benefit Agency

A prudent buyer will, before bidding for any lot at auction

1. Take professional advice from a solicitor or, as

appropriate, from a Chartered Surveyor or Accountant, etc.

2. Make an inspection and note the condition and state

of repair.

3. Carry out searches (if not already part of the Auction

Legal Pack) and make all necessary enquiries.

4. Check the contract of sale, read the conditions of sale,

and any leases or documents.

Each property is sold on the basis that:-

The purchaser will sign the contract at the conclusion of the sale.

• The purchaser has made financial arrangement to complete

the purchase by the completion date.

• The purchaser will pay the full 10% deposit to either the

Vendor’s Solicitors or the Auctioneers, as directed. In addition,

the stated Buyer’s Premium will be payable to the Auctioneers.

The conditions assume that the buyer has acted prudently.

If you choose to buy any lot without taking these normal

precautions, you do so at your own risk.

Confirmation of address• Utility or Council Tax Bill

• Official letter - solicitors, benefits agency, etc.

• Bank or financial statement

• Tenancy document/rent book, etc.

• Current T.V. Licence.

Government Regulations

Important Notice to purchasers

Your full co-operation will be appreciated



1. Guide Prices• Guides are supplied as an indication only of each seller’s

minimum expectations, not necessarily the sum at which a particular Lot will sell. They may be subject to change at any point prior to the Auction day.

• Each Lot will be offered subject to a reserve price (the sum below which a sale will not take place under the hammer), which we expect to be set within any given bracket guide, or within 10% of a single figure guide.

• Please check our website.

2. Withdrawals/Sales Prior to AuctionThere is always the possibility that a client may decide to conclude a sale prior to the sale date. Wherever possible, we seek to inform prospective purchasers to avoid expense or wasted journey. Our policy is to offer as many of the properties as possible at the Sale. You are strongly advised to check prior to the Sale that the property in which you are interested is still to be offered at the sale.

3. Bids Prior to AuctionPre-sale bids can only be considered on the basis that there will be an immediate exchange of contracts with the payment of the full 10% deposit. Offers must be made in writing and after the property and the legal pack has been inspected. No bid can be considered if less than 48 hours prior to the Sale.

4. Proxy BiddingWe are willing to exercise bids on behalf of purchasers unable to attend the Sale. The appropriate form ofinstruction must be completed and lodged with the Auctioneers, together with the appropriate deposit chequenot less than 24 hours prior to the Sale. The Auctioneers accept no responsibility for this service.

5. Purchasers’ RegistrationEach purchaser is required to provide their full names and address, and of their solicitor or legal representative, together with means of identification. Deposit payments can only be made by cheque, for which cleared funds are available. Cash will not be accepted.The purchaser’s Registration Form must be completed.

6. Inspection & ViewingsAll properties can be inspected by prior arrangement with the Auctioneers. Properties subject to tenancies can be inspected by prior arrangement only, and at the convenience of the tenants. Block viewings for vacantproperties are arranged.

IMPORTANT: You are warned that some properties may be in need of repair and maintenance, or are in adefective condition. Such inspections are made at your own risk.

7. Plans & MeasurementsAll plans and measurements are provided for identification purposes only and to assist purchasers. Their accuracy is not guaranteed and all purchasers should make their own inspections and measurements.

8. Legal PacksLegal paperwork, including Local Searches, Title documents, leases, etc., where appropriate, are available now to be viewed and downloaded on-line via our website (www.nesbits.co.uk) and follow the link within “Property Auctions”. Inspection at our offices is possible by arrangement.

9. Energy Performance CertificatesWhere applicable, the Energy Performance Certificate (EPC) relating to a particular Lot will be contained within the legal pack and is available either on-line or at the Auctioneers’ office.

10. Freehold Ground RentsA special procedure with Notices to lessees is required prior to a sale by auction of properties in flats sold on long leases. You should take legal advice. The auction particulars will indicate the current position.

11. Value Added TaxAny lot sold subject to an additional payment for VAT will be identified and noted within the particulars for any lot.

12. BiddingAs noted in the Conditions of Sale, the vendors reserve their right to bid on their behalf, or through their agent or the Auctioneers, up to but not exceeding the reserve price for any lot.

13. Buyers PremiumA fee of £450, plus V.A.T., is payable, at the same time as the deposit, upon each lot bought. This will be by way of a separate cheque, made payable to D. M. Nesbit & Co., for which a receipt will be issued. In the event of non-payment, this sum will be deducted from the deposit prior to it being passed on in advance of completion.

14. Building InsuranceEach successful buyer acquires a legal interest in the property and should immediately make appropriate building insurance arrangements if the property is freehold.

15. DepositThe purchaser will be required to pay immediately a non-refundable deposit equivalent to 10% of the hammer price. This is acceptable by cheque or bank transfer. Card payment is not available.

Information and notes for purchasers


1 21 Shearer Road, Fratton, Portsmouth PO1 5LLGuide Price: £130,000 - £135,000 FREEHOLD

Description: Of interest to builders and investors in particular - the two bedroom property with gas c.h. and UPVC replacement double-glazing; now requiring general modernisation. This inner-terrace house has rendered elevations under a modern tiled roof, the facade incorporating recessed porch and double splay bay windows. It stands behind a shallow forecourt, whilst to the rear is a walled patio garden with westerly aspect. As stated, refurbishment is now required throughout, the improved result being considered well-suited to re-sale or lucrative letting.

Location: Shearer Road runs between St Marys Road and New Road, No. 21 being on the west side, a short distance from the former and diagonally opposite the junction with Cranleigh Avenue. This popular and convenient residential position places a wide range of public amenities within a radius of some half a mile only, including: The Bridge Shopping Centre (ASDA), other local shops, Kingston Park, St Marys Hospital, main-line station, and schools.

Accommodation:

RECESSED PORCHENTRANCE HALL

LIVING ROOM 11’8 (into bay) x 9’11 (3.56m x 3.02m)DINING ROOM 10’2 x 10’0 (3.10m x 3.05m)KITCHEN 11’7 x 10’7 (3.53m x 3.23m)REAR LOBBY BATH/SHOWER ROOM & W.C. 9’3 x 9’2 (2.82m x 2.79m)

FIRST FLOORSMALL LANDINGBEDROOM ONE 13’0 x 10’8 (into bay) (3.96m x 3.25m)BEDROOM TWO 13’0 x 9’11 (3.96m x 3.02m)

OUTSIDEFRONT: Shallow, walled forecourt.REAR: Depth: 14’3 (4.34m) Width: 13’10 (4.22m) Walled patio garden.

COUNCIL TAX: BAND ‘B’ - £1,228.74 per annum (2018/19)

EPC ‘D’

(16859/016923)




2 115 Penhale Road, Fratton, Portsmouth PO1 5EGGuide Price: £140,000 - £150,000 FREEHOLD

Description: Of interest to builders and investors together with keen private buyers - the two bedroom property with gas c.h., UPVC replacement double-glazing and 24ft living/dining room; now requiring refurbishment. This inner-terrace flat-fronted house has brick elevations under a modern tiled roof. To the rear is an average-sized garden with useful shed. The property has undergone various improvements in the past but, as stated, is in need of further refurbishment. It is considered well-suited to the keen owner-occupier or, if acquired by a professional buyer, to re-sale or lucrative future letting.

Location: Penhale Road runs between the main Fratton Road and Renny Road, No. 115 being on the north side a short distance from the latter. This popular residential location places a wide range of public amenities within a radius of some three-quarters of a mile only, including: The Bridge Shopping Centre (ASDA), other local shops, main-line station, bus services, and various schools.

Accommodation:

RECESSED PORCHENTRANCE HALL

LINKED LIVING/DINING ROOM 24’2 x 13’1 to 10’0 (7.37m x 3.99m to 3.05m)KITCHEN 11’1 x 7’8 (3.38m x 2.34m)COVERED SIDEWAY 15’0 x 5’0 (4.57m x 1.52m)BATHROOM & W.C.

FIRST FLOORSMALL LANDING Access to Loft Space.BEDROOM ONE 13’2 x 10’5 (4.01m x 3.18m) (accessible from Bedroom 2 also).BEDROOM TWO 13’2 x 10’4 (4.01m x 3.15m)

OUTSIDEREAR: Depth: 27’6 (8.83m) (to shed) Width: 13’8 (4.17m) Average-sized garden. Full-width shed.


EPC ‘D’

(16958/016921)



3 156 Walmer Road, Fratton, Portsmouth PO1 5AUGuide Price: £160,000 - £170,000 FREEHOLD

Description: Of interest to investors and builders in particular - the well-situated vacant 3 bedroom ex-rental H.M.O. property (three sharers) with UPVC replacement double-glazing, gas c.h., and equipped kitchen; now requiring refurbishment. This inner-terrace, flat-fronted character property is of brick construction, with rendered facade, under a modern tiled roof. To the rear is an average-sized garden. With H.M.O. use in place (licence held by the present owner for 3 sharers), this opportunity lends itself, when refurbished, to continued lucrative letting, or will appeal to builders with re-sale in mind.

Location: Walmer Road is positioned to the east of Fratton Road, bounded by the main Portsmouth - London railway line. This convenient position places a wide range of public amenities within a radius of some one mile only, including Portsmouth and Southsea shopping centres, other local shops, St Marys Hospital, various schools, and Portsmouth University campus.

Accommodation:

‘L’-SHAPED ENTRANCE HALLCLOAKROOM & W.C.LIVING ROOM (Bedroom) 12’9 x 10’11 (3.89m x 3.33m)

FITTED & EQUIPPED KITCHEN 12’3 x 10’2 (3.73m x 3.10m)DINING ROOM 15’4 x 9’11 (4.67m x 3.02m)

FIRST FLOORLANDINGBEDROOM ONE 14’2 x 12’10 (4.32m x 3.91m)BEDROOM TWO 12’2 x 9’10 (3.71m x 3.00m)BEDROOM THREE 15’3 x 9’11 (4.65m x 3.02m)

OUTSIDEREAR: Depth: 21’4 (6.50m) Width: 17’0 (5.18m) Average-sized garden.

NOTE: A program of specialist treatment is in hand to deal with an outbreak of Japanese Knotweed within the garden. Relevant paperwork will be included in the Auction Legal Pack.

COUNCIL TAX: BAND ‘B’ - £1,228.74 per annum.

EPC ‘D’

(16952/015918)


4 84 Dunbar Road, Southsea PO4 8EYGuide Price: £165,000 - £175,000 FREEHOLD

Description: The well-situated 3 bedroom property now requiring general modernisation; of particular interest to builders and investors, also keen owner-occupiers. Circa 1920, this inner-terrace family house has brick elevations under a slate roof, the facade incorporating recessed porch and single bay window. It stands behind a shallow forecourt, whilst to the rear is a walled garden with southerly aspect. Once refurbished, this opportunity is considered well-suited to re-sale, lucrative letting, or direct owner-occupation.

Location: Dunbar Road lies immediately to the east of the main Eastney Road, No. 84 being on the south side diagonally opposite the junction with Melrose Close. This pleasant and popular residential address places a wide range of public amenities within a radius of some three-quarters of a mile only, including: Southsea Seafront, Milton and Bransbury parks, main-line station, St Marys Hospital, local shops, and various schools.

Accommodation:

RECESSED PORCHSHORT ENTRANCE HALLLIVING ROOM 12’9 x 10’7 (3.89m x 3.23m)DINING ROOM 11’11 x 10’9 (3.63m x 3.28m)

KITCHEN 8’0 x 7’10 (2.44m x 2.39m)BATHROOMCOVERED SIDEWAY SEPARATE W.C. OFF

FIRST FLOORBALUSTRADED LANDING Access to Loft Space.BEDROOM ONE 13’7 x 10’6 (4.14m x 3.20m)BEDROOM TWO 11’9 x 8’0 (3.58m x 2.44m)BEDROOM THREE 12’1 x 8’1 (3.68m x 2.46m) Note: It is felt that scope exists within this room to create an upstairs bathroom whilst retaining a (smaller) 3rd Bedroom.

OUTSIDEFRONT: Shallow, walled forecourt.REAR: Depth: 25’7 (7.80m) Width:14’6 (4.42m) Average-sized garden.


EPC ‘E’

(16955/016918)



84 Dunbar Road, Southsea PO4 8EY

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The reducing term of a lease for residential flats can seriously affect values.

For independent expert advice, valuations and negotiations for lease extensions, consult –


5 108 Oxford Road, Southsea PO5 1NRGuide Price: £160,000 - £170,000 FREEHOLD

Description: Of interest to builders and investors as well as keen owner-occupiers - this well-situated, two bedroom property benefits from a modern kitchen and bathroom extension together with partial UPVC replacement double-glazing. It now requires general refurbishment.

This inner-terrace flat-fronted house has brick and rendered elevations under a modern tiled roof. To the rear is an ‘L’-shaped patio garden with easterly aspect. As stated, following long-term rental, the property is in need of a degree of modernisation. Once works are undertaken it would lend itself to re-sale, lucrative letting, or owner-occupation.

Location: Oxford Road lies immediately to the north of Albert Road (approached by car via Inglis Road), No. 108 being on the east side directly opposite the junction with Goodwood Road. This popular and very convenient residential address is some half a mile only from Southsea Town Centre (Palmerston Road Shopping Precinct) and places a wide range of public amenities within comfortable reach, including: Seafront leisure and recreation facilities, main-line station, schools, bus services, boutique shops and eateries.

Accommodation:

RECESSED PORCHENTRANCE HALLLIVING ROOM 12’0 x 9’4 (3.66m x 2.84m)DINING ROOM 11’1 x 9’11 (3.38m x 3.02m)KITCHEN 8’8 x 7’5 (2.64m x 2.26m)REAR LOBBYBATHROOM & W.C. 7’6 x 6’0 (2.29m x 1.83m)

FIRST FLOORBALUSTRADED LANDINGBEDROOM ONE 12’8 x 11’10 (3.86m x 3.61m)BEDROOM TWO 10’5 x 7’6 (3.18m x 2.29m)

OUTSIDEREAR: ‘L’-shaped patio garden, the Main Area: 13’7 x 12’2 (4.14m x 3.71m)

COUNCIL TAX: Band ‘B’ - £1,173.21 per annum.

EPC ‘F’ (16934/013916)




6 34 Montgomerie Road, Southsea PO5 1EDGuide Price: £175,000 - £180,000 FREEHOLD

Description: Of interest to builders and investors in particular - the well-situated and spacious 3 bedroom character property now requiring comprehensive renovation. This late-Victorian inner-terrace house has brick elevations under a modern tiled roof, the facade incorporating double splay bay windows. It stands behind a shallow forecourt, whilst to the rear is an average-sized garden. As stated, comprehensive modernisation is needed, the property’s generous accommodation lending itself well to family occupation or lucrative letting (but not multiple occupancy) once refurbished.

Location: Montgomerie Road (cul-de-sac) lies immediately to the west of the main Victoria Road North, No. 34 being on the north side opposite the junction with St Andrews Road. The convenient position is less than three-quarters of a mile from both Southsea and Portsmouth town centres and places a wide range of public amenities within comfortable reach.

Accommodation:

LONG ENTRANCE HALLLIVING ROOM 12’7 x 10’9 (3.84m x 3.28m)DINING ROOM 11’2 x 10’8 (3.40m x 3.25m)

BREAKFAST ROOM 10’11 x 8’5 (3.33m x 2.57m)KITCHEN 8’7 x 7’11 (2.62m x 2.41m)

FIRST FLOORLANDING Access to Loft Space.SEPARATE W.C.BEDROOM ONE 13’9 x 12’5 (4.19m x 3.78m)BEDROOM TWO 11’4 x 10’8 (3.45m x 3.25m)BEDROOM THREE 12’7 x 8’8 (3.84m x 2.64m)BATHROOM 8’8 x 7’10 (2.64m x 2.39m)

OUTSIDEFRONT: Shallow forecourt.REAR: Depth: 27’0 (8.23m) Width: 14’5 (4.39m) Average-sized garden. External W.C.


EPC ‘E’

(16951/015921)



7 65 Idsworth Road, Southsea PO3 6NLGuide Price: £170,000 - £180,000 FREEHOLD

Description: Of interest to builders and investors in particular - the well-situated 3 bedroom semi-detached property now requiring general modernisation. Circa 1930, the house itself has brick elevations under its original tiled roof, the facade incorporating double square bay windows. It stands behind a shallow forecourt, whilst to the rear is an average-sized garden having a westerly aspect.

Location: Idsworth Road runs between Tangier Road and Cobden Avenue, No.65 being on the west side a short distance from the latter. This pleasant and very popular residential position is some 300 yards only from Baffins Pond and places a wide range of public amenities within comfortable reach.

Accommodation:

The property has been unoccupied for some time and is currently boarded up.

It has not been inspected internally but we are informed by the vendor that it comprises: Entrance Hall, Living Room, Dining Room, Kitchen, first floor Bathroom, 3 Bedrooms, and external toilet.

VIEWING: NO INTERNAL INSPECTIONS WILL BE ALLOWED.Those conducting an external inspection are asked to respect the privacy of neighbouring owners.

EPC: Due to the state of the property it will not be possible for an Energy Performance Certificate (EPC) to be produced prior to the Auction. To comply with legislation, the eventual buyer will be required to commission the EPC following completion of the sale and access being obtained.

COUNCIL TAX: BAND ‘C’ - £1,404.28 per annum (2018/19)

(16956/016920)


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Sell by Auction

Are you an owner or executor with a property in this area? You can achieve the best price, quickly,

and with total control, by SELLING AT AUCTION

entries now being invited for

future salesFor FREE, no obligation advice

contact the Auction Team

7 Clarendon Road, Southsea PO5 2ED023 9286 4321 • www.nesbits.co.uk



Return to: Nesbits, including Proxy Bidding Registration Form, 10% deposit cheque and Proof of identity

Please Note: If a purchase is to be made in more than one name then each person is required to submit a Purchaser Registration Form.

I hereby instruct Nesbits to bid on my behalf in accordance with the Terms & Conditions and I acknowledge that should my bid be successful then that bid and offer will be binding upon me. I confirm that Nesbits may take my proxy bid when the relevant property is being offered at the Auction.

Please fill in sections 1 to 9:

Purchaser:

Solicitors:

Telephone & Proxy BiddingRegistration Form

PurchaserRegistration Form

!

!

1. AUCTION:

2. BIDDER’S NAME:

4. BUYER’S NAME:

5. TEL No:

7. LEGAL PAPERS: Bidder is deemed to have had sight of and understood all legal papers in respect of the lot

(if different from above)

Cheque/Banker’s Draft enclosed

(Bidder’s fax no)

9. SOLICITORS NAME:

TEL No:

6. DEPOSIT ARRANGEMENTS:

8. ADDENDUM:

ADDRESS:

ADDRESS:

(IN WORDS):

LOT No:

EMAIL:

LOTADDRESS:

(alternatively mobile no.)

FULL NAMES:

COMPANY NAME:

CONTACT NAME:

ADDRESS:

TELEPHONE NUMBER (STD CODE): No:

ADDRESS:

TELEPHONE NUMBER (STD CODE):

MOBILE No: EMAIL:

POST CODE:

DATE OF BIRTH:

POST CODE:

No:

3. MAXIMUM BID PRICE: £


Telephone & Proxy BiddingRegistration Form

1. The registration form must be completed in all respects to

enable authority to be given to the auctioneers.

2. A cheque representing 10% of the maximum bid made

payable to D M Nesbit & Company must accompany the

application. In addition, the stated Buyer’s Premium will be

payable to the Auctioneers. If successful, the

bidder/purchaser will be required to provide all necessary

identification to comply with Money Laundering.

3. Telephone or proxy bidding will only be acceptable for

the actual potential purchaser.

4. The completed forms must be received by D M Nesbit &

Company not later than 11.00 a.m. on the Day Prior to the Sale.

5. Any bid will be executed by the auctioneers up to, and

not exceeding, the maximum bid, and the bid will not be

disclosed to the Vendor or any other parties.

6. If the bid is successful, then that bid will be binding on

the purchaser and the auctioneer is authorised to sign the

contracts on behalf of the buyer.

7. D M Nesbit & Company accept no liability whatsoever for

the failure to execute any bid for whatever reason. All

persons leaving bids will be informed, and if unsuccessful

deposit cheques will be returned by post.

Offers

Pre-sale bids can only be considered on the basis that there

will be an immediate exchange of contracts with the

payment of the full 10% deposit and the administration fee.

Offers must be made in writing and after the property and

legal documentation has been inspected.

No bid can be considered if less than 48 hours prior to

the Sale.



FINE ART AUCTIONSTel: 023 9229 5568

Bid online at our auctions throughthe-saleroom.com

Viewing: Saturday 10.00am - 1.00pm • Monday & Tuesday 9.30am - 5.00pm

Email: [email protected]: www.nesbits.co.uk

We are the only auction house in Portsmouth and South East Hampshire.The Southsea Salerooms are conveniently located in

Southsea’s main shopping centre.Our experienced and friendly staff will assist with all your enquiries.

Antique Tibetan Gilt Copper Figure of Buddha Vajrasattva Sold for £58,330 inc. premium

5ct Solitaire Diamond Ring sold for £14,740 inc. premium

Polar Medal Group of six to: 295848 Bernard James Stone sold for £14,994 inc. premium

Entries now being invited for our forthcoming sale

23rd May 2018


GlossaryThis glossary applies to the auction conductconditions and the sale 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); and

• where the following words printed in bold black type appear in bold blue type they have the specified meanings.

Actual completion dateThe date when completion takes place or istreated as taking place for the purposes ofapportionment and calculating interest.

AddendumAn amendment or addition to the conditions or tothe particulars or to both whether contained in asupplement to the catalogue, a written noticefrom the auctioneers or an oral announcement atthe auction.

Agreed completion dateSubject to condition G9.3:(a) the date specified in the special conditions; or(b) if no date is specified, 20 business 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 isotherwise acceptable to the auctioneers.

ArrearsArrears of rent and other sums due under thetenancies and still outstanding on the actualcompletion date.

Arrears scheduleThe arrears schedule (if any) forming part of thespecial conditions.

AuctionThe auction advertised in the catalogue.

Auction conduct conditionsThe conditions so headed, including any extraauction conduct conditions.

AuctioneersThe auctioneers at the auction.

Business dayAny day except (a) a Saturday or a Sunday; (b) abank holiday in England and Wales; or (c) GoodFriday or Christmas Day.

BuyerThe person who agrees to buy the lot or, ifapplicable, that person’s personal representatives:if two or more are jointly the buyer theirobligations can be enforced against them jointly oragainst each of them separately.

CatalogueThe catalogue to which the conditions referincluding any supplement to it.

CompletionUnless otherwise agreed between seller and buyer(or their conveyancers) the occasion when bothseller and buyer have complied with theirobligations under the contract and the balance ofthe price is unconditionally received in the seller’sconveyancer’s client account.

ConditionOne of the auction conduct conditions or salesconditions.

ContractThe contract by which the seller agrees to sell andthe buyer agrees to buy the lot.

Contract dateThe date of the auction or, if the lot is not sold atthe 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) andother documents listed or referred to in thespecial conditions relating to the lot.

Financial chargeA charge to secure a loan or other financialindebtness (not including a rentcharge).

General conditionsThat part of the sale conditions so headed,including any extra general conditions.

Interest rateIf not specified in the special conditions, 4%above the base rate from time to time of BarclaysBank plc. (The interest rate will also apply tojudgment debts, if applicable.)

LotEach separate property described in the catalogueor (as the case may be) the property that the sellerhas agreed to sell and the buyer to buy (includingchattels, if any).

Old arrearsArrears due under any of the tenancies that arenot “new tenancies” as defined by the Landlordand Tenant (Covenants) Act 1995.

ParticularsThe section of the catalogue that containsdescriptions of each lot (as varied by any addendum).

PractitionerAn insolvency practitioner for the purposes of theInsolvency Act 1986 (or, in relation to jurisdictionsoutside 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 completionwould enable the seller to discharge all financialcharges secured on the lot that have to bedischarged by completion, then thoseoutstanding financial charges do not prevent theseller from being ready to complete.

Sale conditionsThe general conditions as varied by any specialconditions or addendum.

Sale memorandumThe form so headed (whether or not set out in thecatalogue) in which the terms of the contract forthe sale of the lot are recorded.

SellerThe person selling the lot. If two or more arejointly the seller their obligations can be enforcedagainst them jointly or against each of themseparately.

Special conditionsThose of the sale conditions so headed that relateto the lot.

TenanciesTenancies, leases, licences to occupy andagreements for lease and any documents varyingor supplemental to them.

Tenancy scheduleThe tenancy schedule (if any) forming part of thespecial conditions.

TransferTransfer includes a conveyance or assignment (and“to transfer” includes “to convey” or “to assign”).

TUPEThe Transfer of Undertakings (Protection ofEmployment) Regulations 2006.

VATValue Added Tax or other tax of a similar nature.

VAT optionAn option to tax.

We (and us and our). The auctioneers.

You (and your). Someone who has a copy of thecatalogue or who attends or bids at the auction,whether or not a buyer.

Auction conductconditionsA1 IntroductionA1.1 Words in bold blue type have special meanings, which are defined in the Glossary.

A1.2 The catalogue is issued only on the basis thatyou accept these auction conduct conditions.

They govern our relationship with you and cannotbe disapplied or varied by the sale conditions(even by a condition purporting to replace thewhole of the Common Auction Conditions). Theycan be varied only if we agree.

A2 Our roleA2.1 As agents for each seller we haveauthority to:(a) prepare the catalogue from information

supplied by or on behalf of each seller;(b) offer each lot for sale;(c) sell each lot;(d) receive and hold deposits;(e) sign each sale memorandum; and(f) treat a contract as repudiated if the buyer fails

to sign a sale memorandum or pay a deposit as required by these auction conduct conditions.

A2.2 Our decision on the conduct of the auctionis final.

A2.3 We may cancel the auction, or alter the orderin which lots are offered for sale. We may alsocombine or divide lots. A lot may be sold orwithdrawn from sale prior to the auction.

A2.4 You acknowledge that to the extent permittedby law we owe you no duty of care and you haveno claim against us for any loss.

A3 Bidding and reserve prices

A3.1 All bids are to be made in pounds sterlingexclusive of any applicable VAT.

A3.2 We may refuse to accept a bid. We do nothave to explain why.

A3.3 If there is a dispute over bidding we areentitled to resolve it, and our decision is final.

A3.4 Unless stated otherwise each lot is subject toa reserve price (which may be fixed just before thelot is offered for sale). If no bid equals or exceedsthat reserve price the lot will be withdrawn fromthe auction.

A3.5 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.

A3.6 Where a guide price (or range of prices) isgiven that guide is the minimum price at which, orrange of prices within which, the seller might beprepared to sell at the date of the guide price. Butguide prices may change. The last published guideprice will normally be at or above any reserveprice, but not always – as the seller may fix thefinal reserve price just before bidding commences.

A4 The particulars and other information

A4.1 We have taken reasonable care to prepareparticulars that correctly describe each lot. Theparticulars are based on information supplied byor on behalf of the seller. You need to check thatthe information in the particulars is correct.

A4.2 If the special conditions do not contain adescription of the lot, or simply refer to therelevant lot number, you take the risk that thedescription contained in the particulars isincomplete or inaccurate, as the particulars havenot been prepared by a conveyancer and are notintended to form part of a legal contract.

A4.3 The particulars and the sale conditions maychange prior to the auction and it is yourresponsibility to check that you have the correctversions.

A4.4 If we provide information, or a copy of adocument, provided by others we do so only on thebasis that we are not responsible for the accuracy of that information or document.

A5 The contract

A5.1 A successful bid is one we accept as such(normally on the fall of the hammer). Thiscondition A5 applies to you if you make thesuccessful bid for a lot.

A5.2 You are obliged to buy the lot on the termsof the sale memorandum at the price you bidplus VAT (if applicable).

A5.3 You must before leaving the auction:(a) provide all information we reasonably need

from you to enable us to complete the sale memorandum (including proof of your identity if required by us);

(b) sign the completed sale memorandum; and(c) pay the deposit.

A5.4 If you do not we may either:(a) 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

(b) sign the sale memorandum on your behalf.

A5.5 The deposit:(a) is to be held as stakeholder where VAT would be

chargeable on the deposit were it to be held as agent for the seller, but otherwise is to be held as stated in the sale conditions; and

(b) must be paid in pounds sterling by cheque or by bankers’ draft made payable to us on an approved financial institution. The extra auction conduct conditions may state if we accept any other form of payment.

A5.6 We may retain the sale memorandum signedby or on behalf of the seller until the deposit hasbeen received in cleared funds.

A5.7 If the buyer does not comply with itsobligations under the contract then:(a) you are personally liable to buy the lot even if

you are acting as an agent; and(b) you must indemnify the seller in respect of any

lossthe seller incurs as a result of the buyer’s default.

A5.8 Where the buyer is a company you warrantthat the buyer is properly constituted and able tobuy the lot.

A6 Extra Auction Conduct Conditions

A6.1 Despite any special condition to thecontrary the minimum deposit we accept is£……..... (or the total price, if less). A specialcondition may, however, require a higherminimum deposit.

General conditions of saleWords in bold blue type have special meanings,which are defined in the glossary

The general conditions (including any extrageneral conditions) apply to the contract except tothe extent that they are varied by specialconditions or by an addendum.

G1. The lot

G1.1 The lot (including any rights to be granted orreserved, and any exclusions from it) is described inthe special conditions, or if not so described thelot is that referred to in the sale memorandum.

G1.2 The lot is sold subject to any tenanciesdisclosed by the special conditions, but otherwisewith vacant possession on completion.

G1.3 The lot is sold subject to all matters containedor referred to in the documents, but excluding anyfinancial charges: these the seller must dischargeon or before completion.

G1.4 The lot is also sold subject to such of thefollowing 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; and

(i) anything the seller does not and could notreasonably know about.

G1.5 Where anything subject to which the lot issold would expose the seller to liability the buyeris to comply with it and indemnify the selleragainst that liability.

G1.6 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.

Common Auction Conditions



G1.7 The lot does not include any tenant’s or tradefixtures or fittings.

G1.8 Where chattels are included in the lot thebuyer takes them as they are at completion andthe seller is not liable if they are not fit for use.

G1.9 The buyer buys with full knowledge of:(a) the documents, whether or not the buyer has

read them; and(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.

G1.10 The buyer is not to rely on the informationcontained in the particulars but may rely on theseller’s conveyancer’s written replies to preliminaryenquiries to the extent stated in those replies.

G2. Deposit

G2.1 The amount of the deposit is the greater of:(a) any minimum deposit stated in the auction

conduct conditions (or the total price, if this is less than that minimum); and

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

G2.2 The deposit(a) must be paid in pounds sterling by cheque or

banker’s draft drawn on an approved financial institution (or by any other means of payment that the auctioneers may accept); and

(b) is to be held as stakeholder unless the auction conduct conditions provide that it is to be held as agent for the seller.

G2.3 Where the auctioneers hold the deposit asstakeholder they are authorised to release it (andinterest on it if applicable) to the seller oncompletion or, if completion does not take place,to the person entitled to it under the saleconditions.

G2.4 If a cheque for all or part of the deposit is notcleared on first presentation the seller may treatthe contract as at an end and bring a claimagainst the buyer for breach of contract.

G2.5 Interest earned on the deposit belongs to theseller unless the sale conditions provideotherwise.

G3. Between contract and completion

G3.1 Unless the special conditions stateotherwise, the seller is to insure the lot from andincluding 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; and the buyer must on completion reimburse to the seller the cost of that insurance (to the extent not already paid by the buyer or a tenant or other third party) for the period from and including the contract date to completion.

G3.2 No damage to or destruction of the lot norany deterioration in its condition, however caused,entitles the buyer to any reduction in price, or todelay completion, or to refuse to complete.

G3.3 Section 47 of the Law of Property Act 1925does not apply.

G3.4 Unless the buyer is already lawfully inoccupation of the lot the buyer has no right toenter into occupation prior to completion.

G4. Title and identity

G4.1 Unless condition G4.2 applies, the buyeraccepts the title of the seller to the lot as at thecontract date and may raise no requisition orobjection except in relation to any matter thatoccurs after the contract date.

G4.2 If any of the documents is not madeavailable before the auction the followingprovisions apply:(a) The buyer may raise no requisition on or

objection to any of the documents that is made available before the auction.

(b) 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, where noted on the register, of all documents subject to which

the lot is being sold.(c) 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 fifteen years old) and must produce to the buyer the original or an examined copy of every relevant document.

(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.

G4.3 Unless otherwise stated in the specialconditions the seller sells with full title guaranteeexcept 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.

G4.4 The transfer is to have effect as if expresslysubject to all matters subject to which the lot issold under the contract.

G4.5 The seller does not have to produce, nor maythe buyer object to or make a requisition inrelation to, any prior or superior title even if it isreferred to in the documents.

G4.6 The seller (and, if relevant, the buyer) mustproduce to each other such confirmation of, orevidence of, their identity and that of theirmortgagees and attorneys (if any) as is necessary forthe other to be able to comply with applicable LandRegistry Rules when making application forregistration of the transaction to which theconditions apply.

G5. Transfer

G5.1 Unless a form of transfer is prescribed by thespecial 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 G5.2 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.

G5.2 If the seller remains liable in any respect inrelation to the lot (or a tenancy) followingcompletion the buyer is specifically to covenantin the transfer to indemnify the seller againstthat liability.

G5.3 The seller cannot be required to transfer thelot to anyone other than the buyer, or by morethan one transfer.

G6. Completion

G6.1 Completion is to take place at the offices ofthe seller’s conveyancer, or where the sellermay reasonably require, on the agreedcompletion date. The seller can only berequired to complete on a business day andbetween the hours of 0930 and 1700.

G6.2 The amount payable on completion is thebalance of the price adjusted to take account ofapportionments plus (if applicable) VAT andinterest.

G6.3 Payment is to be made in pounds sterling andonly by:(a) direct transfer to the seller’s conveyancer’s

client account; and(b) the release of any deposit held by a stakeholder.

G6.4 Unless the seller and the buyer otherwiseagree, completion cannot take place until bothhave complied with their obligations under thecontract and the balance of the price isunconditionally received in the seller’sconveyancer’s client account.

G6.5 If completion takes place after 1400 hoursfor a reason other than the seller’s default it is tobe treated, for the purposes of apportionment and

calculating interest, as if it had taken place on thenext business day.

G6.6 Where applicable the contract remains inforce following completion.

G7. Notice to complete

G7.1 The seller or the buyer may on or after theagreed completion date but before completiongive the other notice to complete within tenbusiness days (excluding the date on which thenotice is given) making time of the essence.

G7.2 The person giving the notice must be readyto complete.

G7.3 If the buyer fails to comply with a notice tocomplete the seller may, without affecting anyother remedy the seller has:(a) terminate the contract;(b) claim the deposit and any interest on it if held by

a stakeholder;(c) forfeit the deposit and any interest on it;(d) resell the lot; and(e) claim damages from the buyer.

G7.4 If the seller fails to comply with a notice tocomplete the buyer may, without affecting anyother remedy the buyer has:(a) terminate the contract; and(b) recover the deposit and any interest on it from

the seller or, if applicable, a stakeholder.

G8. If the contract is brought to an end

If the contract is lawfully 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; and

(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 condition G7.3.

G9. Landlord’s licence

G9.1 Where the lot is or includes leasehold land andlicence to assign is required this condition G9 applies.

G9.2 The contract is conditional on that licencebeing obtained, by way of formal licence if that iswhat the landlord lawfully requires.

G9.3 The agreed completion date is not to beearlier than the date five business days after theseller has given notice to the buyer that licencehas been obtained.

G9.4 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.

G9.5 The buyer must:(a) promptly provide references and other relevant

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

G9.6 If within three months of the contract date(or such longer period as the seller and buyeragree) the licence has not been obtained the selleror the buyer may (if not then in breach of anyobligation under this condition G9) by notice tothe other terminate the contract at any timebefore licence is obtained. That termination iswithout prejudice to the claims of either seller orbuyer for breach of this condition G9.

G10. Interest and apportionments

G10.1 If the actual completion date is after theagreed completion date for any reason otherthan the seller’s default the buyer must payinterest at the interest rate on the price (less anydeposit paid) from the agreed completion dateup to and including the actual completion date.

G10.2 Subject to condition G11 the seller is notobliged to apportion or account for any sum atcompletion unless the seller has received thatsum in cleared funds. The seller must pay to thebuyer after completion any sum to which thebuyer is entitled that the seller subsequentlyreceives in cleared funds.

G10.3 Income and outgoings are to be apportionedat 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 by the buyer; in which event income and outgoings are to be apportioned on the date from which interest becomes payable by the buyer.

G10.4 Apportionments are to be calculated on thebasis 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 some other

period accrues at an equal daily rate during the period to which it relates; and

(c) where the amount to be apportioned is not known at completion apportionment is to be made by reference to a reasonable estimate 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.

G11. Arrears

Part 1 Current rent

G11.1 “Current rent” means, in respect of each of thetenancies subject to which the lot is sold, theinstalmentof rent and other sums payable by thetenant in advance on the most recent rent paymentdate on or within four months preceding completion.

G11.2 If on completion there are any arrears ofcurrent rent the buyer must pay them, whether ornot details of those arrears are given in thespecial conditions.

G11.3 Parts 2 and 3 of this condition G11 do notapply to arrears of current rent.

Part 2 Buyer to pay for arrears

G11.4 Part 2 of this condition G11 applies wherethe special conditions give details of arrears.

G11.5 The buyer is on completion to pay, inaddition to any other money then due, an amountequal to all arrears of which details are set out inthe special conditions.

G11.6 If those arrears are not old arrears theseller is to assign to the buyer all rights that theseller has to recover those arrears.

Part 3 Buyer not to pay for arrears

G11.7 Part 3 of this condition G11 applies wherethe special conditions:(a) so state; or(b) give no details of any arrears.

G11.8 While any arrears due to the seller remainunpaid the buyer must:(a) try to collect them in the ordinary course of

management but need not take legal proceedings 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 without the consent of the seller 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 part 3 of this condition G11.

G11.9 Where the seller has the right to recoverarrears it must not without the buyer’s writtenconsent bring insolvency proceedings against atenant or seek the removal of goods from the lot.

G12. Management

G12.1 This condition G12 applies where the lot issold subject to tenancies.

G12.2 The seller is to manage the lot inaccordance with its standard management policiespending completion.

G12.3 The seller must consult the buyer on allmanagement issues that would affect the buyerafter completion (such as, but not limited to, anapplication for licence; a rent review; a variation,surrender, agreement to surrender or proposedforfeiture of a tenancy; or a new tenancy oragreement 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.

G13. Rent deposits

G13.1 This condition G13 applies where the seller is

Common Auction Conditions - continued


holding or otherwise entitled to money by way ofrent deposit in respect of a tenancy. In thiscondition G13 “rent deposit deed” means the deed or other document under which the rent deposit is held.

G13.2 If the rent deposit is not assignable the sellermust on completion hold the rent deposit ontrust for the buyer and, subject to the terms ofthe rent deposit deed, comply at the cost of thebuyer with the buyer’s lawful instructions.

G13.3 Otherwise the seller must on completionpay and assign its interest in the rent deposit tothe buyer under an assignment in which thebuyer covenants with the seller to:(a) observe and perform the seller’s covenants andconditions in the rent deposit deed andindemnify 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.

G14. VAT

G14.1 Where a sale condition requires money tobe paid or other consideration to be given, thepayer must also pay any VAT that is chargeableon that money or consideration, but only if givena valid VAT invoice.

G14.2 Where the special conditions state that noVAT option has been made the seller confirms thatnone has been made by it or by any company in thesame VAT group nor will be prior to completion.

G15. Transfer as a going concern

G15.1 Where the special conditions so state:(a) the seller and the buyer intend, and will take all

practicable steps (short of an appeal) to procure, that the sale is treated as a transfer of a going concern; and

(b) this condition G15 applies.

G15.2 The seller confirms that the seller(a) is registered for VAT, either in the seller’s name or

as a member of the same VAT group; and(b) has (unless the sale is a standard-rated supply)

made in relation to the lot a VAT option that remains valid and will not be revoked before completion.

G15.3 The buyer confirms that:(a) it is registered for VAT, either in the buyer’s

name or as a member of a VAT group;(b) it has made, or will make before completion,

a VAT option 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.

G15.4 The buyer is to give to the seller as early aspossible before the agreed completion dateevidence:(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 G14.1 applies at completion.

G15.5 The buyer confirms that after completionthe buyer intends to:(a) retain and manage the lot for the buyer’s

own benefit as a continuing business as a going concern subject to and with the benefit of the tenancies; and

(b) collect the rents payable under the tenancies and charge VAT on them

G15.6 If, after completion, it is found that the saleof 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;

(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 G15, the buyer must pay and indemnify the seller against all costs, interest, penalties or surcharges that the seller incurs as a result.

G16. Capital allowances

G16.1 This condition G16 applies where thespecial conditions state that there are capitalallowances available in respect of the lot.

G16.2 The seller is promptly to supply to thebuyer all information reasonably required by thebuyer in connection with the buyer’s claim forcapital allowances.

G16.3 The value to be attributed to those items onwhich capital allowances may be claimed is set outin the special conditions.

G16.4 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 G16; and

(b) to submit the value specified in the special conditions to HM Revenue and Customs for the purposes of their respective capital allowance computations.

G17. Maintenance agreements

G17.1 The seller agrees to use reasonableendeavours to transfer to the buyer, at thebuyer’s cost, the benefit of the maintenanceagreements specified in the special conditions.

G17.2 The buyer must assume, and indemnify theseller in respect of, all liability under suchcontracts from the actual completion date.

G18. Landlord and Tenant Act 1987

G18.1 This condition G18 applies where the sale isa relevant disposal for the purposes of part I of theLandlord and Tenant Act 1987.

G18.2 The seller warrants that the seller hascomplied with sections 5B and 7 of that Act andthat the requisite majority of qualifying tenantshas not accepted the offer.

G19. Sale by practitioner

G19.1 This condition G19 applies where the saleis by a practitioner either as seller or as agent ofthe seller.

G19.2 The practitioner has been duly appointedand is empowered to sell the lot.

G19.3 Neither the practitioner nor the firm or anymember of the firm to which the practitionerbelongs has any personal liability in connectionwith the sale or the performance of the seller’sobligations. The transfer is to include adeclaration excluding that personal liability.

G19.4 The lot is sold:(a) in its condition at completion;(b) for such title as the seller may have; and(c) with no title guarantee; and the buyer has no

right to terminate the contract or any other remedy if information provided about the lot is inaccurate, incomplete or missing.

G19.5 Where relevant:(a) the documents must include certified copies

of those under which the practitioner is appointed, the document of appointment 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.

G19.6 The buyer understands this condition G19and agrees that it is fair in the circumstances of asale by a practitioner.

G20. TUPE

G20.1 If the special conditions state “There are noemployees to which TUPE applies”, this is awarranty by the seller to this effect.

G20.2 If the special conditions do not state“There are no employees to which TUPE applies”the following paragraphs apply:(a) The seller must notify the buyer of those

employees whose contracts of employment will transfer to the buyer on completion (the “Transferring Employees”). 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 keep the seller indemnified against all liability for the Transferring Employees after completion.

G21. Environmental

G21.1 This condition G21 only applies where thespecial conditions so provide.

G21.2 The seller has made available such reportsas the seller has as to the environmentalcondition of the lot and has given the buyer theopportunity to carry out investigations (whetheror not the buyer has read those reports orcarried out any investigation) and the buyeradmits that the price takes into account theenvironmental condition of the lot.

G21.3 The buyer agrees to indemnify the seller inrespect of all liability for or resulting from theenvironmental condition of the lot.

G22. Service Charge

G22.1 This condition G22 applies where the lot issold subject to tenancies that include servicecharge provisions.

G22.2 No apportionment is to be made atcompletion in respect of service charges.

G22.3 Within two months after completion theseller must provide to the buyer a detailed servicecharge account for the service charge year currenton 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.

G22.4 In respect of each tenancy, if the servicecharge 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; but in respect of payments on account that are still due from a tenant condition G11 (arrears) applies.

G22.5 In respect of service charge expenditure thatis not attributable to any tenancy the seller mustpay the expenditure incurred in respect of theperiod before actual completion date and thebuyer must pay the expenditure incurred inrespect of the period after actual completiondate. Any necessary monetary adjustment is to bemade within five business days of the sellerproviding the service charge account to the buyer.

G22.6 If the seller holds any reserve or sinkingfund on account of future service chargeexpenditure or a depreciation fund:(a) the seller must pay 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.

G23. Rent reviews

G23.1 This condition G23 applies where the lot issold subject to a tenancy under which a rentreview due on or before the actual completiondate has not been agreed or determined.

G23.2 The seller may continue negotiations or rentreview proceedings up to the actual completiondate but may not agree the level of the revised rentor commence rent review proceedings without thewritten consent of the buyer, such consent not tobe unreasonably withheld or delayed.

G23.3 Following completion the buyer mustcomplete rent review negotiations or proceedingsas soon as reasonably practicable but may notagree the level of the revised rent without thewritten consent of the seller, such consent no tobe unreasonably withheld or delayed.

G23.4 The seller must promptly:(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.

G23.5 The seller and the buyer are to keep eachother informed of the progress of the rent reviewand have regard to any proposals the othermakes in relation to it.

G23.6 When the rent review has been agreed ordetermined the buyer must account to the sellerfor any increased rent and interest recovered fromthe tenant that relates to the seller’s period ofownership within five business days of receipt ofcleared funds.

G23.7 If a rent review is agreed or determinedbefore completion but the increased rent and anyinterest recoverable from the tenant has not beenreceived by completion the increased rent and anyinterest recoverable is to be treated as arrears.

G23.8 The seller and the buyer are to bear theirown costs in relation to rent review negotiationsand proceedings.

G24. Tenancy renewals

G24.1 This condition G24 applies where the tenantunder a tenancy has the right to remain inoccupation under part II of the Landlord andTenant Act 1954 (as amended) and references tonotices and proceedings are to notices andproceedings under that Act.

G24.2 Where practicable, without exposing theseller to liability or penalty, the seller must notwithout the written consent of the buyer (whichthe buyer must not unreasonably withhold ordelay) serve or respond to any notice or begin orcontinue any proceedings.

G24.3 If the seller receives a notice the sellermust send a copy to the buyer within fivebusiness days and act as the buyer reasonablydirects in relation to it.

G24.4 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; and

(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.

G24.5 The seller and the buyer are to bear theirown costs in relation to the renewal of thetenancy and any proceedings relating to this.

G25. Warranties

G25.1 Available warranties are listed in the specialconditions.

G25.2 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; and

(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.

G25.3 If a warranty is not assignable the sellermust after completion:(a) hold the warranty on trust for the buyer; and(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.

G26. No assignment

The buyer must not assign, mortgage or otherwisetransfer or part with the whole or any part of thebuyer’s interest under this contract.

G27. Registration at the Land Registry

G27.1 This condition G27.1 applies where the lot isleasehold and its sale either triggers first registrationor is a registrable disposition. The buyer must at itsown 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.

G27.2 This condition G27.2 applies where the lotcomprises part of a registered title. The buyer mustat 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.

G28. Notices and other communications

G28.1 All communications, including notices, mustbe in writing. Communication to or by the seller orthe buyer may be given to or by their conveyancers.

G28.2 A communication may be relied on if:(a) delivered by hand; or(b) made electronically and personally acknowledged

(automatic acknowledgement does not count); or(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.

G28.3 A communication 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 received on the next business day.

G28.4 A communication sent by a postal service thatoffers normally to deliver mail the next followingbusiness day will be treated as received on thesecond business day after it has been posted.

G29. Contracts (Rights of Third Parties) Act 1999No one is intended to have any benefit under thecontract pursuant to the Contract (Rights of ThirdParties) Act 1999.

G30. Extra General Conditions

Common Auction Conditions - continued



Sales Memorandum

DATE:

NAME & ADDRESS OF SELLER:

NAME & ADDRESS OF BUYER:

THE LOT:

SIGNED BY THE BUYER:

SIGNED BY US AS AGENT FOR THE SELLER:

NAME:

NAME:

ADDRESS:

ADDRESS:

CONTACT:

CONTACT:

The buyer’s conveyancer is:

The seller’s conveyancer is:

THE PRICE (EXCLUDING ANY VAT): £

The seller agrees to sell and the buyer agrees to buy the lot for the price. This agreement is subject to the saleconditions so far as they apply to the lot.

We acknowledge receipt of the deposit................................................................................................................................

DEPOSIT PAID: £

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D.M.Nesbit & Company 7 Clarendon Road, SouthseaPortsmouth, Hampshire PO5 2ED

T: 023 9286 4321F: 023 9229 5522

www.nesbits.co.uk