Property with potential for sale by AUCTION Tuesday 28th January 2020 24 LOTS Commencing at 2pm prompt
at the Platinum Suite Sheffield United Football Club Bramall Lane Sheffield
0114 276 0151 www.markjenkinson.co.uk www.markjenkinson.co.uk 1 Have you a property suitable for auction?
MJS Auctions are market leaders in Sheffield and South Yorkshire. If you would like to be part of our success and have a property suitable to be sold by auction we would be very happy to hear from you. The Auction dates for 2020 can be found on the facing page – the deadline for entries is strict so please contact us a week or so beforehand to allow plenty of time for preparing your property for sale. The most suitable properties for auction include:
• Houses requiring complete or partial • Student investment property modernisation • Commercial investments • Houses with sitting tenants • Properties with structural problems • Individual houses of character • Stabling and land for grazing • Building plots or development sites • Unusual buildings for redevelopment • Ground rent portfolios
JOINT AGENCIES WELCOME If the property you are selling is currently on the market with an Agent we are always happy to act jointly. If you would like an indication as to how much the property will sell for at auction send a copy of the current Agent’s brochure with your name, address and telephone number for a quotation.
Contact Adrian Little FRICS FNAVA [email protected] | 0114 276 0151 The Venue Sheffield and South Yorkshire’s Leading Auctioneers
Platinum Suite, A61 J36 M1 NORTH A57 A57 M1 NORTH Sheffield United Football Club, OR SOUTH J33 The FIRST Property with SHEFFIELD CITY Bramall Lane, Sheffield AIRPORT
PONDS FORGE S2 4SY INTERNATIONAL Potential AUCTION of 2020 SPORTS CENTRE Ample free car parking from Cherry Street Entrance A61 Tuesday 28th January SHEAF ST MIDLAND RAILWAY STATION At 2pm prompt at The Platinum Suite, A57 Sheffield United Football Club, Bramall Lane, Sheffield
SHOREHAM ST Y’S ST MAR ROAD A625 AD 24 lots including:
H AD ECCLESALL RO CHURC • Vacant Houses for Modernisation B6388
SUPERMARKET A621 JOHN STREET
TREET
L QUEENS RO • Land with & without Planning Consent ONDON RO SUFC
• Residential Investment Property BRAMALL LANE LANE BRAMALL Y ST SHOREHAM S CHERR AD • Vacant Local Premises HOTEL AD WOODHEADRO • Larger Restoration Projects • Student Investments • Chapel with Planning Consent A621 AD • Former Refuge Centre with Potential for Residential ALE RO
ABBEYD Platinum Suite Entrance A621 A61 J29 CHESTERFIELD Properties located in and around: Sheffield, Barnsley, Mexborough, Worksop, Chesterfield, Rotherham, Doncaster & Grimsby
Acting on behalf of and in conjunction with:
(Subject to conditions of sale and unless sold beforehand) Auctioneer: Adrian W Little FRICS FNAVA 2019 auction results 8 auctions, 283 Lots, 247 sold for £32 million – 87% success rate Next auction: Tuesday 25th February Deadline: Friday 24th January Auction dates for 2020 28 JANUARY 19 MAY 20 OCTOBER 24 Lots Deadline 17 April Deadline 18 September 25 FEBRUARY 15 JULY 1 DECEMBER Deadline 24 January Deadline 12 June Deadline 30 October 7 APRIL 1 SEPTEMBER Deadline 28 February Deadline 31 July
www.markjenkinson.co.uk 3 Important information for bidders
Money Laundering Regulations
We have in place procedures and controls which are designed to Agency for the purpose of verifying your identity only. To do so, the forestall and prevent Money Laundering. If we suspect that a supplier, Credit reference Agency may check the details we supply against any customer / client, or employee is committing a Money Laundering particulars on any database (public or otherwise) to which they have offence as defined by the Proceeds of Crime Act 2002 we will in access. They may also use your details in the future to assist other accordance with our legal responsibilities disclose the suspicion to companies for verification purposes. A record of the search will be the National Criminal Intelligence Service. If you are the successful retained. purchaser, we will undertake a search with a Credit Reference
Auction Procedure – always seek legal advice before buying
BEFORE THE AUCTION Registration of Interest – If you are The Deposit – The amount of the deposit interested in a particular property, we advise required in each case will be stated in the Conditions Of Sale – All properties in this you to register your interest with us as soon Conditions of Sale and will usually be 10% catalogue are sold subject to the Conditions as possible. We can then make you aware of subject to a minimum of £1,500. Payment of Sale printed in this catalogue together any alterations and, if requested, inform you must be made at the saleroom by either with the special conditions relating to each when the legal documentation is received. cheque, bankers draft or card. Failure to do individual lot. These, together with any related The easiest way to do this is to register for the so may lead to lot being re-offered. Deposit documentation, will be available via our legal pack. payments in cash will not be accepted. All website prior to the sale. Interested parties cheques are banked immediately after the are deemed to buy in full knowledge of these Pre-Auction Offers – We anticipate that auction and you must ensure that you have whether or not they have actually inspected the lots in this catalogue will be offered, as adequate funds in your account. It should also the conditions. We recommend inspecting the advertised, on the day of the sale. There may be noted that some auction contracts also legal documents once they are available and be circumstances where the acceptance of have a provision for payment of the vendor’s avoid leaving it until auction day. The auction an offer prior to auction may be considered. fees and your attention is drawn to the packs will only be available for inspection at However, only unconditional offers will be paragraph on the following page. the sale room 12.30–1.30 pm submitted, ie those which are not subject to mortgage, survey, searches, etc. Pre-auction Buyer’s Administration Fee – Please note Ordnance Survey Plans – Ordnance offers should be submitted in writing using the there is an administration fee of £750 including survey extracts crown copyright 2003. All form on our website. VAT payable on each lot. rights reserved. Licence no. 10020449. Survey scale 1:250,000. Plotted scale 1:1250. Telephone / Proxy Bids – We advise that Completion Dates – The completion date Boundaries are shown for identification only you attend the auction in person if you are for each lot can vary, and you are advised and should not be taken as definitive. bidding for a particular lot. If however you are to check the Conditions of Sale prior to the unable to come to the sale or have someone auction. Tenure Details – It is not always possible bid on your behalf, you may choose to bid by to provide tenure details relating to each lot at proxy or by telephone. The appropriate form Keys – Keys to auction lots will not the time the catalogue is printed. Where we together with the deposit requirements will be released at any time without prior have written confirmation from the vendor’s either be printed at the end of the catalogue or arrangement. Once we have notification from solicitor we will provide details. In the absence will be available via our website the vendor’s solicitor that completion has of written confirmation the tenure details will taken place, the keys to the property will be be omitted from the catalogue but, details will Alterations – Should any of the properties made available for collection at our offices. be included in the Conditions of Sale which mentioned in this catalogue be withdrawn To avoid unnecessary delay we recommend will be available on our website and in our from sale or if any alterations arise, details will contacting us in advance to make the office for the days leading up to the auction. be included on our website on the same day. appropriate arrangements for collection. An addendum sheet will also be distributed Viewing Auction Property – Details of prior to the auction and alterations will be Unsold Lots – Enquiries for unsold lots are appropriate viewing arrangements are included referred to by the auctioneer prior to each welcome after the sale when unconditional with each lot in the catalogue. In the cases particular lot. offers will be considered. In many cases of severe weather we recommend checking properties are sold immediately after the with the office to ensure that viewings are still AT AND AFTER THE AUCTION auction is finished and if you are interested being held. Viewing times will begin and end please see the auction staff at the saleroom promptly as stated and your co-operation is Auction Procedure – If you are the appreciated. Some of the properties offered successful bidder, a member of the auction for sale by auction each month are in a poor team will approach you with a simple form. You state of repair and in some cases hazardous. will be asked to provide your name, address Interested parties are reminded to exercise and telephone number and if you are bidding caution whilst viewing. on behalf of somebody else we will need the details of that person or company. We will also Surveys – If you wish to have a survey request the name and address of the solicitor carried out on the property prior to the auction acting on your behalf. The vendor’s solicitor please refer your surveyor to us as soon as will usually be present at the sale room and possible and appropriate arrangements will be will oversee the signing of the contract either made. We cannot always accommodate last straight away or at the end of the auction minute requests. should you wish to bid on another property.
4 www.markjenkinson.co.uk Legal documents and additional fees Why it is important to look at the online legal pack
All properties in this catalogue will be offered subject to the General and Special Conditions of sale prepared by the seller’s legal representative. You are strongly advised to inspect the online legal pack via our website and where necessary, take independent advice. In registering for the legal pack you will also indicate your interest in that particular lot and we will be able to communicate in the event of any changes.
Additional fees to be Guide prices paid by the buyer and Reserves This catalogue is usually printed ahead of the legal pack Guide price definition and we are unable to confirm any additional fees outlined An indication as to the seller’s current minimum in the Special Conditions of sale at the time of going to acceptable price at auction. The guide price or range of print. guide prices is given to assist consumers in deciding We strongly advise checking for – whether or not to pursue a purchase. It is usual, but not Auctioneer’s administration fee – The amount of £750 always the case that a provisional reserve range is agreed including VAT is payable in all instances, whether buying between the seller and the auctioneer at the start of before, at or after the auction marketing.
Local Authority fees – it is common practice for Council As the reserve is not fixed at this stage and can be clients to make an additional % charge to cover their legal, adjusted by the seller at any time up to the day of the surveyors and selling fees. Amounts do vary. auction in light of interest shown during the marketing period, a guide price is issued. This guide price can be Search Fees – some solicitors will reclaim the cost of shown in the form of a minimum or maximum price range carrying out searches from the buyer within which an acceptable sale price (reserve) would fall, or as a single price figure within 10% of which the VAT – Some commercial properties will be subject to minimum acceptable price (reserve) would fall. Value Added Tax at 20% A guide price is different to a reserve price (see separate Stamp Duty – This will vary, not only with the amount definition) Both the guide price and the reserve price can paid for the property but with the circumstances of the be subject to change up to and including the day of the buyer and the property’s intended use. auction. Rent arrears – in the case of investment properties, the buyer may be responsible for the payment of any outstanding rent. Reserve Price Definition The seller’s minimum acceptable price at auction and the Contributions to the seller’s legal and/or auctioneer’s figure below which the auctioneer cannot sell. The reserve costs. price is not disclosed and remains confidential between the seller and the auctioneer. Both the guide price and the reserve can and may be subject to change up to and including the day of the auction.
Catalogue Production: www.thearkdesign.co.uk
www.markjenkinson.co.uk 5 December Auction Results LOT 1 SOLD £132,000 30 of 36 Lots sold for £2.96 million – 83% success rate
1 283 WOODSEATS ROAD £132,000 2 33 VICTOR STREET £101,000 3 282 OWLER LANE £46,000 4 221 NIDD ROAD EAST £53,000 5 31 COLENSO MOUNT £67,500 LOT 2 6 135–141 MIDDLEWOOD ROAD £220,000 SOLD £101,000 7 8 SHEFFIELD ROAD £120,000 8 163 UPWELL STREET £59,000 9 78 ROE LANE £106,000 10 68 BRAMWELL STREET £110,000 11 937 ECCLESALL ROAD AVAILABLE 12 38 MANCHESTER ROAD £87,000 LOT 5 13 75 MEERSBROOK PARK ROAD POSTPONED 14 147 VINCENT ROAD AVAILABLE SOLD £67,500 15 8 CHAMPION ROAD £88,000 16 64 PITT STREET AVAILABLE 17 MARLBOROUGH HOUSE, 4 MARLBOROUGH ROAD £495,000 18 LAND AT SHEEPHILL ROAD AVAILABLE 19 LAND TO THE REAR OF 23 MEADOWHEAD £7,500 20 COMMERCIAL GROUND RENT TURNER ROAD £82,000 LOT 6 21 GROUND RENTS AT BARKERS HOUSE, 175 GLEADLESS ROAD £30,000 SOLD £220,000 22 GROUND RENTS AT WOODVIEW ROAD AVAILABLE 23 LAND AT FERRERS DRIVE £15,000 24 88 & 90 ALBERT ROAD £141,000 25 29 HAZELBY ROAD £51,000 26 18 FURNIVAL WAY £58,000 27 32 GLUMANGATE £138,000 28 LAND AT DERBY ROAD £40,000 LOT 7 29 2 BUXTON ROAD £75,000 SOLD £120,000 30 UPPER FLOOR, 6–12 SOUTH STREET NORTH AVAILABLE 31 47–49 PARK ROAD WITHDRAWN 32 5 SOUTH PARADE SOLD AFTERWARDS 33 28A & 28B SCOT LANE £145,000 34 24–26 PEEL STREET £142,000 35 7 SPRINGFIELD CRESCENT AVAILABLE LOT 9 36 THE CROWS NEST, 1 DOUGLAS ROAD £51,000 37 INDUSTRIAL GROUND LEASE, 70 LIME STREET £71,000 SOLD £106,000 38 1 STRICKLAND STREET £24,000
Enquiries are welcome for the unsold lots – contact: Adrian Little ([email protected])
LOT 15 LOT 2017 LOT 20 LOT 24 SOLD £88,000 SOLD £495,000 SOLD £82,000 SOLD £141,000
6 www.markjenkinson.co.uk Order of sale 24 Lots Commencing at 2pm prompt 1 24 NEWMARCH STREET TINSLEY SHEFFIELD VACANT HOUSE 2 73 DEIGHTONBY STREET THURNSCOE ROTHERHAM FIRE DAMAGED HOUSE 3 216 GREEN ROAD PENISTONE SHEFFIELD VACANT HOUSE 4 91 WHITEWAYS ROAD FIR VALE SHEFFIELD VACANT HOUSE 5 22 MERTON LANE WINCOBANK SHEFFIELD SHOP AND FLAT 6 11 OLDROYD AVENUE GRIMETHORPE BARNSLEY VACANT HOUSE 7 47 HIGH STREET S64 MEXBOROUGH VACANT SHOP 8 LAND AT NEEDLEWOOD KERESFORD HILL RD BARNSLEY VACANT LAND 9 LAND AT SOUTHFIELD LANE WHITWELL WORKSOP DEVELOPMENT LAND 10 LOSCAR COMMON PLANTATIONS HARTHILL SHEFFIELD FORMER QUARRY AND WOODLAND 11 LAND AT STAVELEY ROAD STAVELEY CHESTERFIELD VACANT LAND 12 74 MEADOWHALL ROAD KIMBERWORTH ROTHERHAM VACANT HOUSE 13 LAND, 74 & 76 EXETER ROAD DN2 DONCASTER VACANT LAND 14 LAND, 42 & 44 EXETER ROAD DN2 DONCASTER VACANT LAND 15 21A ZETLAND ROAD INTAKE DONCASTER FLAT INVESTMENT 16 175 FAREBROTHER STREET DN32 GRIMSBY FLAT INVESTMENT 17 53 BOWER ROAD CROOKESMOOR SHEFFIELD STUDENT INVESTMENT 18 LOWER HOUSE, GREENFOLD FARM DUNGWORTH SHEFFIELD RESIDENTIAL DEVELOPMENT 19 UPPER HOUSE, GREENFOLD FARM DUNGWORTH SHEFFIELD RESIDENTIAL DEVELOPMENT 20 LAND AT FIELDSEND ROAD GOLDTHORPE ROTHERHAM RESIDENTIAL DEVELOPMENT 21 6 CEMETERY AVENUE OFF ECCLESALL ROAD SHEFFIELD STUDENT INVESTMENT 22 117 HIGH STREET CLAY CROSS CHESTERFIELD COMMERCIAL INVESTMENT 23 SOUTH LODGE, 3 PARK STREET BARLBOROUGH HALL CHESTERFIELD VACANT RESIDENTIAL 24 FORMER METHODIST CHURCH RIDGEWAY MOOR SHEFFIELD RESIDENTIAL CONVERSION
Next auction Tuesday 25th February Deadline Friday 24th January
Contact [email protected]
www.markjenkinson.co.uk 7 PRELIMINARY ANNOUNCEMENTS TO BE OFFERED FOR SALE IN OUR 25TH FEBRUARY AUCTION Rose Cottage, Delves Lane, Waleswood, Wales Bar, Sheffield, S26 5RN
ON INSTRUCTIONS FROM THE EXECUTORS • Two Storey Detached Cottage • Freehold site of approximately 1.16 acre • In need of general modernisation • Excellent potential offered Guide Price £250,000 plus
2, 4 & 6 Clarence Road, Worksop, S80 1QA
ON INSTRUCTIONS FROM BASSETLAW COUNCIL • Substantial Freehold Site • 0.29ha (0.73acres) • Established Residential Location • Potential for Development Guide Price £150,000 TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT 24 Newmarch Street, Tinsley, Sheffield, South Yorkshire S9 1ST 1 GUIDE PRICE £30,000–£35,000* | VACANT HOUSE
• Two bedroom inner terrace • In need of general modernisation • Level position with level rear garden • Gas central heating & uPVC windows • Potential for owner occupation or letting • Consistently let for the last 19 years
Ground Floor Outside Sitting Room 3.64m × 3.58m Forecourt Kitchen 2.74m × 2.98m Rear Garden Cellar Head Rear Entrance Lobby EPC Rating D Bathroom/WC 1.93m × 1.69m A full copy of the EPC will be available to view via our website First Floor Landing VIEWING Mondays 6th, 13th, 20th Front Bedroom One 3.60m × 3.61m & 27th January at 11am prompt. Rear Bedroom Two 2.77m × 2.03m Thursdays 9th, 16th & 23rd January at 11am prompt Basement Cellar SOLICITORS Kavanagh & Co 61 Market Street Eckington S21 4JG
LOT 73 Deightonby Street, Thurnscoe, Rotherham, South Yorkshire S63 0HZ 2 GUIDE PRICE £25,000* | DEVELOPMENT OPPORTUNITY
• Fire damaged semi detached house • Good size plot of 277sqm with room to extend • Adjoins open ground • Of interest to builders
The house comprises a traditional Outside two storey semi detached with The property occupies a site of accommodation that is understood approximately 277sqm with ample to have comprised: room to extend
Ground Floor VIEWING External inspection only Entrance Hall Note The property has been Sitting Room damaged by fire and considered to Kitchen be hazardous. Viewing is restricted to roadside inspection only and First Floor on no account should attempts be Three bedrooms made to enter the building. The Bathroom property is sold as seen
SOLICITORS Wake Smith Solicitors Ltd No. 1 Velocity 2 Tenter Street Sheffield S1 4BY
LOT 216 Green Road, Penistone, Sheffield, South Yorkshire S36 6BG 3 GUIDE PRICE £50,000 PLUS* | VACANT HOUSE
• Attractive stone fronted inner terrace Note The property is in • In need of complete modernisation a poor state of repair • Good size rear garden and care should be • uPVC windows & modern gas central heating system taken whilst viewing. • Popular location The second step to the • Excellent potential to a builder or investor first floor is loose and particular care should Ground Floor Outside be taken. It should Sitting Room 3.67m × 3.74m Forecourt also be noted that the Kitchen 2.85m × 2.85m Level Rear Garden with timber store property is also being Rear Entrance Lobby sold as seen with the Bathroom/WC EPC Rating remaining contents. A full copy of the EPC will be Basement available to view via our website SOLICITORS Howard Cellar & Co 10a Market Street VIEWING Tuesdays 7th, 14th & 21st Sheffield S36 6BZ First Floor January at 11.30am prompt. Landing Thursdays 9th, 16th & 23rd January Front Bedroom One 3.69m × 3.76m at 11.30am prompt Rear Bedroom Two 2.84m × 2.85m
www.markjenkinson.co.uk 9 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
LOT 91 Whiteways Road, Fir Vale, Sheffield, South Yorkshire S4 8EW 4 GUIDE PRICE £75,000 PLUS* | VACANT RESIDENTIAL
• Extended semi-detached house • Large plot with driveway, garage and mature garden • Gas central heating with new boiler and uPVC windows • Larger than average kitchen and bathroom • Requires some improvement • Convenient for local schools and the Northern General Hospital • Quiet cul-de-sac location
Ground Floor VIEWING Mondays 6th, 13th, 20th Bay Windowed Sitting Room 3.29m & 27th January at 10am prompt. × 4.07m Thursdays 9th, 16th & 23rd January Dining Room 3.43m × 3.20m at 10am prompt Kitchen 1.91m × 5.27m Rear Porch 2.13m × 2.09m SOLICITORS BRM Law Ltd Gray Court 99 Saltergate S40 1LD First Floor Landing Front Bedroom 1 3.30m × 4.14m Rear Bedroom 2 3.47m × 3.19m Front Bedroom / Box Room 1.87m × 1.87m Bathroom/WC 1.92m × 4.20m with separate shower
Outside Enclosed front garden area with driveway Single Garage Large rear garden with fruit trees, sheds and greenhouse
EPC Rating A full copy of the EPC will be available to view via our website
LOT 22 Merton Lane, Wincobank, Sheffield, South Yorkshire S9 1NB 5 GUIDE PRICE £80,000–£90,000* | VACANT SHOP, FLAT & GARAGE
• Substantial corner shop and flat • Ground floor retail – 43.38 sq m (467 sq ft) • Self contained first floor flat • Detached garage • Electric security shutters • Potential for own occupation or investment
Ground Floor JOINT AUCTIONEERS SMC, 54 Retail accommodation 43.38 sq m Campo Lane, Sheffield, S1 2EG (467 sq ft) With remote security shutters
First Floor Flat Lounge, Kitchen, Bedroom/WC and VIEWING Viewing by appointment Bathroom with the joint auctioneers, SMC 0114 2812183 info@smcommercial. Outside co.uk Detached Garage SOLICITORS Gordons LLP, Rating Assessment Edgeborough House, Upper RV £2,075 Edgeborough Road, Guildford, Surrey,GU1 2BJ EPC Rating A full copy of the EPC will be available to view via our website
10 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT 11 Oldroyd Avenue, Grimethorpe, Barnsley, South Yorkshire S72 7PA 6 GUIDE PRICE £38,000 PLUS* | VACANT HOUSE
• Substantial three bedroom semi detached • Good size plot with front & rear gardens • In need of general modernisation • uPVC windows & gas central heating • Potential for owner occupation or investment
Ground Floor VIEWING Tuesdays 7th, 14th & 21st Sitting Room 4.05m × 2.70m January at 10am prompt Dining Kitchen 2.96m × 6.52m Thursdays 9th, 16th & 23rd January Rear Entrance Hall at 10am prompt WC SOLICITORS Bradford & Son 9 First Floor Moorgate Road Rotherham S60 2EN Landing Front Bedroom One 4.04m × 3.21m with closet & open aspect Rear Bedroom Two 3.86m × 2.39m Rear Bedroom Three 2.58m × 2.41m Bathroom/WC 2.65m × 1.39m
Outside The property occupies a good size plot with a raised front garden with central pathway and is a good size garden area
EPC Rating A full copy of the EPC will be available to view via our website
LOT 47 High Street, Mexborough, South Yorkshire S64 9AB 7 GUIDE PRICE £50,000 PLUS* | VACANT COMMERCIAL
• Four storey inner terrace commercial property • Vacant retail premises last used as local butchers • Ground floor open plan retail fronting High Street • Basement access to staff room and stores • Unused upper floors in need of full renovation
Accommodation Business Rates Ground Floor The property is listed as ‘Shop and Open plan retail 33.69 sqm premises’ in the current rating list Rear store including walk-in fridge and has a Rateable Value of £7,100 16/7 sqm Total Area 40.45 sqm EPC Rating E A full copy of the EPC will be Basement available to view via our website Rear access lobby from car park Staff room with WC 13.3 sqm VIEWING By appointment with Cellar Stores Jake Bond [email protected] First Floor 07715 214572 Front room 16.65 sqm Rear room 13.41 sqm SOLICITORS Parker Rhodes Second Floor Hickmotts The Point Bradmarsh Way Front room 17.69 sqm Rotherham S60 1BP Rear room 16.03 sqm
Outside The property fronts High Street adjacent to national and local high street retailers. The rear of the property is accessed via a pedestrian door from West Street.
www.markjenkinson.co.uk 11 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
LOT Land adjoining Needlewood, Keresforth Hill Road, Barnsley, S70 6TB 8 GUIDE PRICE £25,000 PLUS* | VACANT LAND
• Freehold land of approximately 0.58 of an acre (0.24 ha) • Set within an exclusive development of five executive detached houses • Planning consent refused for a further dwelling and double garage • Appeal not lodged
Location VIEWING Strictly by appointment Needlewood is a small exclusive with the auctioneers 0114 276 0151 development of detached dwellings occupying the site of the former SOLICITORS Bury & Walkers LLP Needlewood care home. Plot 6 Britannic House Regent Street is immediately on the right when Barnsley S70 2EQ turning off Keresford Hill Road as identified on the plan
Site The land amounts to approximately 0.58 of an acre (0.24 ha). The catalogue plan is a guide only and the correct plan will be the one annexed to the draft Transfer in the legal pack.
Planning Planning consent was refused by Barnsley MBC on 18th October 2018 for the erection of a single detached dwelling with double garage. Application 2018/0801. A copy of the refusal notice is available to view via our website. An appeal has not been lodged.
LOT Land at Southfield Lane, Whitwell, Worksop, Nottinghamshire S80 4NR 9 GUIDE PRICE £95,000* | DEVELOPMENT LAND
• Residential development land • Located in the village of Whitwell • An approximate site area 1.79 acres (0.72 ha) • Planning consent for the erection of 19 dwellings • Level site of grassland bordering residential estate • Accessible from both north and south boundaries
Location 14th January 2019. Briefly forms a The northern boundary of the residential cul-de-sac with access site is adjacent to Whitwell Train from Whitwell station car park of station with the eastern side mainly detached houses and a pair running parallel with the train line of semi-detached dwellings. to Southfield Lane where the land Further details can be found via fronts the road with vehicle access. Bolsover District Council website. Whitwell is a rural residential village with good transport links off A619 VIEWING On site at any reasonable Clinthill Lane between Barlborough time and Worksop. SOLICITORS BRM Law Ltd Steel Site City House West Street Sheffield The site comprises a broadly S1 2GQ level rectangular shaped site of grassland. A public footpath runs through the site providing access from Southfield Lane to Whitwell Train Station.
Area The site forms a total area of approximately 1.79 acres (0.72 ha)
Planning Application Planning application 17/00104/FUL for the erection of 19 dwellings has been granted conditionally on
12 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT Loscar Common Plantations off Common Road, Harthill, Sheffield, S26 7YF 10 GUIDE PRICE £45,000* | FORMER QUARRY, WOOD & LAND
• Former quarry, wood and vacant land • Total area approximately 9.63 acres (3.89ha) • Previous planning for tipping (now lapsed) • Rough woodland – approx 5.47 acres • Remaining vacant Land – approx 4.16 acres • Near the rural villages of Harthill and Thorpe Salvin
Location JOINT AUCTIONEERS Brownill The site is on the South side Vickers, 82 Queen St, Sheffield S1 of Common Road between the 2DW (ref Phil Simpson) residential villages of Harthill and Thorpe Salvin. Harthill is some 14 miles from Sheffield city centre and 7 miles from Worksop town centre. The surrounding area is predominantly VIEWING On site at any reasonable farmland. time
The Site SOLICITORS Freeths Llp Fifth Floor Comprises a roughly squared area 3 St Paul’s Place 129 Norfolk Street of land accessed directly from Sheffield S1 2JE Common Road. The site is sloping in nature with hedgerow borders and rough woodland to the west. A public footpath is accessed through the site from the northern boundary to the South-East corner.
Area The land has approximately 5.47 acres (2.21 ha) of woodland with the remaining 4.16 acres (1.68ha) of sloping open land. Overall the land has a total area of 9.63 acres (3.89 ha)
LOT Land at Staveley Road, Staveley, Chesterfield, Derbyshire S43 3QF 11 GUIDE PRICE £50,000 PLUS* | VACANT LAND
• Freehold land of approximately 0.3ha (0.73 acre) • Adjoins residential development site • Overlooking agricultural land belonging to Chatsworth Estates • Edge of the popular residential area of Staveley • Potential for development (STP)
Location The site lies on the fringe of Staveley some 4.5 miles to the north east of Chesterfield town centre
The site The land is identified on the adjoining plan and amounts to approximately 0.3 ha (0.73 acres)
Planning Overlooks agricultural land belonging to Chatsworth Estates and is not designated as greenbelt. Interested parties are advised to make their own enquiries with the appropriate planning authorities with regards to the possibility of development.
VIEWING On site at any reasonable time
SOLICITORS Athi Law LLP 285 London Road Sheffield S2 4NF
www.markjenkinson.co.uk 13 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
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Any property used as security, including your home, may be repossessed if you do not keep up repayments on your mortgage or any other debt secured on it. *Other fees and charges apply and are variable based on the loan amount. 0.49% pm is applicable for the duration of the loan. 12 months as standard. No exit fee applies. Standard construction only.
LOT 74 Meadowhall Road, Kimberworth, Rotherham, South Yorkshire S61 2JA 12 GUIDE PRICE £45,000* | VACANT HOUSE
• Two bedroom semi detached • In need of complete modernisation • Long plot with potential for car parking to front (STC) • uPVC windows & rewired • Popular & convenient location • Of interest to builders & developers
Ground Floor such work would be subject to the Bay window Sitting Room 4.43m × necessary consents 3.63m Inner Lobby EPC Rating Dining Kitchen 4.63m × 3.61m with A full copy of the EPC will be fl oor to ceiling cupboards available to view via our website Rear Entrance Porch Cellar Head JOINT AUCTIONEERS Merryweathers Estate Agents, Basement 47 Moorgate Street, Rotherham, Cellar S60 2EY
First Floor Landing Front Bedroom One 3.61m × 3.55m with closet VIEWING Viewing by appointment Rear Bedroom Two 3.98m × 2.17m with the joint auctioneers Shower Room/WC 3.03m × 2.06m Merryweathers 01709 375591
Outside SOLICITORS Oxley & Coward The property occupies a particularly Solicitors LLP 34–46 Moorgate long plot with forecourt and garden Street Rotherham S60 2HB & patio area. The houses to either side have created car parking to the front and there appears to be potential to do likewise with number 74. Interested parties are advised to make their own enquiries as
14 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT Land between 74 & 76 Exeter Road, Doncaster, South Yorkshire DN2 4LF 13 GUIDE PRICE £20,000–£25,000* | VACANT SITE
• Freehold site of approximately 441sqm • Established residential area adjoining semi detached houses • Former Borehole site – decommissioned and professionally capped • Potential for one to two dwellings (STP)
Location Decommissioning Report Exeter Road is located just over 1.5 A copy of the ARUP report dated 14 miles to the north east of Doncaster April 2009 is provided with the legal town centre and the site lies pack for information purposes only. between number 74 and 76. The report was prepared on behalf of the Environment Agency only The Site and should not be relied upon by The land is identified on the any third party. Interested parties adjoining plan and amounts to must rely on their own searches, approximately 451 sqm enquiries and surveys and should take independent advice. Planning The site is located in an established VIEWING On site at any reasonable Residential area and is thought to be time suitable for a small scheme of one to two dwellings. Interested parties SOLICITORS Environment Agency are however advised to make their Kingfisher House Goldhay Way own enquiries in respect of possible Peterborough PE2 5ZR schemes.
ON INSTRUCTIONS FROM KIER ACTING IN CONJUNCTION WITH THE ENVIRONMENT AGENCY
LOT Land between 42 & 44 Exeter Road, Doncaster, South Yorkshire DN2 4LF 14 GUIDE PRICE £25,000–£30,000* | VACANT SITE
• Freehold plot of approximately 550sqm • Established residential area adjoining semi detached houses • Former Borehole site – decommissioned and professionally capped • Potential for one to two dwellings (STP)
Location Decommissioning Report Exeter Road is located just over 1.5 A copy of the ARUP report dated 14 miles to the north east of Doncaster April 2009 is provided with the legal town centre and the site lies pack for information purposes only. between number 42 and 44. The report was prepared on behalf of the Environment Agency only The Site and should not be relied upon by The land is identified on the any third party. Interested parties adjoining plan and amounts to must rely on their own searches, approximately 550 sqm enquiries and surveys and should take independent advice. Planning The site is located in an established VIEWING On site at any reasonable Residential area and is thought to time be suitable for a small scheme of 1–2 dwellings. Interested parties SOLICITORS Environment Agency are however advised to make their Kingfisher House Goldhay Way own enquiries in respect of possible Peterborough PE2 5ZR schemes.
ON INSTRUCTIONS FROM KIER ACTING IN CONJUNCTION WITH THE ENVIRONMENT AGENCY
www.markjenkinson.co.uk 15 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
LOT 21a Zetland Road, Intake, Doncaster, South Yorkshire DN2 5EQ 15 GUIDE PRICE £40,000 PLUS* | RESIDENTIAL INVESTMENT
• Modernised ground floor flat • Established shorthold tenancy at £475pcm (£5,700pa) • Gas central heating with new boiler • uPVC windows • Popular & convenient residential area
Accommodation VIEWING External inspection only Bay Window Sitting Room 3.60m × 4.39m SOLICITORS Taylor Bracewell Law Inner Hallway Limited 11 Paradise Square Sheffield Kitchen 2.72m × 1.93m S1 2DE Under Stairs Store Clothes Cupboard Rear Bedroom 3.74m × 2.68m Ensuite Shower Room/WC
Outside The owner of the ground floor flat has use of the smart rear garden but this is in the ownership of the freeholder
Tenancy The property is let by way of a six month Assured Shorthold Tenancy at £475pcm. The current tenant has been in current occupation since 1st September 2018
Tenure The property is Leasehold for 999 years from 12/08/2008 at £50pa
EPC Rating D A full copy of the EPC will be available to view via our website
LOT 175 Farebrother Street, Grimsby, Lincolnshire DN32 0JP 16 GUIDE PRICE £30,000* | RESIDENTIAL INVESTMENT
• First floor flat in large end terrace • Established Shorthold Tenancy • Let at £79 per week (£4,108pa) • Useful investment income • Gas central heating and uPVC windows
Accommodation SOLICITORS Wilkin Chapman Llp (Not inspected – details from Cartergate House 26 Chantry Lane previous report) Grimsby DN31 2LJ
Ground Floor ON INSTRUCTIONS FROM A D FOSTER Shared Entrance hall AND C WALKER ACTING AS JOINT FIXED CHARGE RECEIVERS First floor Landing Lounge Bedroom Rear landing Bathroom Kitchen
Tenancy Details The property is let by way of an established Assured Shorthold Tenancy at £79 per week. (The Receivers do not have a copy of the agreement)
EPC Rating E A full copy of the EPC will be available to view via our website
VIEWING External inspection only
16 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT 53 Bower Road, Crookesmoor, Sheffield, South Yorkshire S10 1ER 17 GUIDE PRICE £300,000–£325,000* | RESIDENTIAL INVESTMENT
• Outstanding six bedroom HMO • Worthy of an internal inspection • Let for current & 2020/2021 academic years • £28,368pa rising to £28,728 in July 2020 • uPVC windows, central heating, mains fire and smoke systems • Two shower rooms/WCs, wash basins in all six rooms • Pleasant level rear garden with lawn, seating area & bike store • Sought after location within walking distance of the main university campus • Professionally converted basement with laundry
Ground Floor Outside Reception Hall Forecourt Bay Window Sitting Room 4.69m × Pleasant level formal garden with 3.95m central lawn & substantial timber Kitchen 3.01m × 3.03m back stone Rear Bedroom 2.25m × 4.04m Tenancy Basement The property is currently let until Laundry 3.16m × 2.95m 30th June 2020 and then from the Freezer/Storage 2.09m × 1.80m 1st july 2020 until 30th June 2021. The tenants are responsible for First Floor paying Gas, Electricity, Water, TV Landing Licence and Internet Shower Room/WC 3.25m × 2.27m Front Bedroom 3.89m × 3.66m EPC Rating E Rear Bedroom 3.95m × 3.96m A full copy of the EPC will be Rear Bedroom 3.03m × 2.92m available to view via our website
Second Floor VIEWING Strictly by appointment Rear Shower Room/WC with the auctioneers 01142760151 Front Bedroom 4.64m × 5.43m Rear Bedroom 2.71m × 4.51m SOLICITORS Norrie Waite & Slater 9–12 East Parade Sheffield S1 2ET
www.markjenkinson.co.uk 17 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
Greenfold Farm, Dungworth Green, Dungworth, Sheffield, S6 6HE Upper & Lower Houses for sale in two lots LOT Lower House, Greenfold Farm, Dungworth Green, Dungworth, Sheffield, S6 6HE 18 GUIDE PRICE £225,000* | RESTORATION OPPORTUNITY
• Outstanding Restoration opportunity • Lower part of Grade II listed farmhouse • Double fronted cottage with rear building • Planning for 5 bed & 3 bath/shower room house • Panoramic views over the Loxley Valley and Bradfield • Highly regarded village school • Located on the edge of the Peak district • Within reach of comprehensive facilities in Hillsborough
Planning First Floor Both Planning and listed Building Master Bedroom with Ensuite consent was granted by Sheffield shower room, Family Bathroom and City Council on the 17th September three further Bedrooms 2019 for ‘’The alterations and extensions to farmhouse to form 2 VIEWING By appointment with dwellinghouses’’ Ref 17/045520/LBC Adrian Little Further details can be viewed at [email protected] https://planningapps.sheffield. gov.uk/online-applications/ SOLICITORS Wilford Smith applicationDetails.do?activeTab=doc Meadowhall Business Park Carbrook uments&keyVal=OYOIYANY0KM00 Hall Road Sheffield S9 2EQ
The Proposed schemes The adjoining plans depict accommodation on two levels as follows:
Ground Floor Living Room, Guest Bedroom with Ensuite Shower Room, Dining Kitchen, Utility Room/ Cloaks & Pantry
LOT Upper House, Greenfold Farm, Dungworth Green, Dungworth, Sheffield, S6 6HE 19 GUIDE PRICE £225,000* | RESIDENTIAL DEVELOPMENT
• Upper part of Greenfold Farm • Comprises double fronted cottage and adjoining Forge • Planning and Listed Building Consent recently granted • Courtyard setting adjoining recently converted farm buildings • Plans depict 4 bed, 3 bath/shower room dwelling • Popular location close to reputable village school • Outstanding potential offered
Planning First Floor Both Planning and listed Building Master Bedroom with Ensuite consent was granted by Sheffield shower room, Family Bathroom and City Council on the 17th September two further Bedrooms 2019 for ‘’The alterations and extensions to farmhouse to form 2 VIEWING By appointment with dwellinghouses’’ Ref 17/045520/LBC Adrian Little Further details can be viewed at [email protected] https://planningapps.sheffield. gov.uk/online-applications/ SOLICITORS Wilford Smith applicationDetails.do?activeTab=doc Meadowhall Business Park Carbrook uments&keyVal=OYOIYANY0KM00 Hall Road Sheffield S9 2EQ
The Proposed schemes The adjoining plans depict accommodation on two levels as follows:
Ground Floor Entrance Hall, Utility/ Cloakroom,Living/Dining Room, WC, Kitchen & Guest Bedroom with En suite Shower ARCHITECTS CODA, 70–71 CORNISH PLACE, SHEFFIELD S6 3AF
18 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
Photo taken in 2017
www.markjenkinson.co.uk 19 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
LOT Land at Fieldsend/Barnsley Road, Goldthorpe, Rotherham, South Yorkshire S63 9AA 20 GUIDE PRICE £120,000–£140,000* | DEVELOPMENT OPPORTUNITY
• Freehold corner site of approximately 0.37 of an acre • Prominent corner position within walking distance of Goldthorpe centre • Planning consent for nine dwellings • Plans depict eight semi detached & one detached
Location Each property comprises: This site is located approximately 1/4 of a mile to the north of Ground Floor Goldthorpe centre at the junction Entrance hall, cloakroom/WC, open of Barnsley Road & the B6098 plan living kitchen Fieldsend Road leading to the A635 Fieldsend roundabout First Floor Bedroom with ensuite bathroom Site The land is identified on the Second Floor adjoining plan and amounts to Principal bedroom with ensuite approximately 0.15 hectares (0.37 bathroom & built in wardrobe acres) as in the past provided car parking for approximately 40 vehicles Services All main services are understood to Freehold be within the vicinity and interested VIEWING On site any reasonable SOLICITORS Newport Land parties are advised to make their time and Law Ltd 5 High Green Road Planning own enquiries in respect of new Normanton WF6 2LF Planning consent was granted 26th connections September 2018 for the erection of 9 three storey town houses – application 2017/1701. Planning was granted by Barnsley Metropolitan Borough Council
Proposed Scheme Plans relating to the proposed development are available to view via our website. One revised scheme shows a central access road from Fieldsend Road and 8 semi detached properties & 1 detached all with rear access and car parking spaces.
20 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT 6 Cemetery Avenue, off Ecclesall Road, Sheffield, South Yorkshire S11 8NT 21 GUIDE PRICE £225,000* | RESIDENTIAL INVESTMENT
• Five bedroom licensed HMO • Prime location just off Ecclesall Road • Let for both current & next academic years • 2019/2020 at £21,315 exclusive of utilities • 2020/2021 at £25,740 inclusive of utilities
Ground Floor EPC Rating D Side Entrance Lobby A full copy of the EPC Bay Window Bedroom One 4m × will be available to view 3.33m via our website Shower Room Living Room 3.9m × 3.7m VIEWING By Kitchen 3.3m × 2.9m appointment with Jake Bond Basement jake@markjenkinson. Cellar co.uk 07715 214572 First Floor Landing SOLICITORS Wake Rear Bedroom Two 4m × 3m Smith Solicitors Ltd Front Bedroom Three 4m × 3.6m No. 1 Velocity 2 Tenter Shower Room Street Sheffield S1 4BY WC & Wash Basin
Second Floor Rear Bedroom Four 3.9m × 2.8m Front Bedroom Five 3.9m × 3.50m
Tenancy Details The property is let for both the current & next academic years as follows: 4th July 2019 until 26th June 2020 at £21,315 exclusive of utilities. 3th July 2020 until 28th June 2021 at £25,740 including gas & electricity on a fair usage policy
www.markjenkinson.co.uk 21 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
LOT 117 High Street, Clay Cross, Chesterfield, Derbyshire S45 9DZ 22 GUIDE PRICE £375,000* | COMMERCIAL INVESTMENT
• Imposing landmark building • Comprises former staging post with access to large rear car park • Freehold site of approximately 0.10ha (0.24 acre) • Outstanding open aspect to the rear • Extensive accommodation over 4 levels • Comprises individual office Suites, storage and rear flat • Extensive vaulted basement storage • Potential for ongoing letting or development • Excellent potential offered
Accommodation Accommodation schedule, Floor plans and Tenancy Schedules available from the joint auctioneers
EPC Rating C A full copy of the EPC will be available to view via our website
JOINT AUCTIONEERS WT Parker, 4 Glumangate, Chesterfield, S40 1QA
VIEWING Viewing by appointment with the Joint Auctioneers 01246 232156
SOLICITORS Banner Jones 24 Glumangate Chesterfield S40 1UA
22 www.markjenkinson.co.uk TUESDAY 28 JANUARY 2020 COMMENCING 2PM PROMPT
LOT South Lodge, 3 Park Street, Barlborough Hall, Chesterfield, Derbyshire S43 4ES 23 GUIDE PRICE £125,000 PLUS* | RESTORATION OPPORTUNITY
• Outstanding restoration opportunity • Grade II stone built listed lodge • Delightful setting at the entrance to Barlborough Hall • Stands in approx. 0.12ha (0.30 acre) with further level plot opposite • Comprises two reception, two bedrooms, kitchen & bathroom • Mature gardens with driveway, garage and rear store/utility room • Excellent potential offered • Possibility of further land acquisition by agreement
Accommodation VIEWING Tuesdays 7th, 14th & 21st Entrance Hall at 9.30am prompt Sitting Room 3.59m × 3.77m Thursdays 9th,16th & 23rd January Living Room 3.88m × 4.33m at 9.30am prompt Bedroom One 2.84m × 3.96m Bedroom Two 2.57m × 3.37m SOLICITORS Keebles LLP Bathroom/ WC 1.53m × 2.30m Commercial House 14 Commercial Kitchen 1.60m × 2.32m Street, Sheffield S1 2AT
Outside The property stands in approximately 0.12ha (0.30 acre) as identified on the adjoining plan which includes the area of land opposite. Single Garage Rear Store/Utility Room 1.90m × 2.99m
Planning The property is Grade II listed. Interested parties are advised to make their own enquiries in respect of any possible uses for the property and adjoining land.
ON INSTRUCTIONS FROM ST MARY’S
www.markjenkinson.co.uk 23 *SEE PAGE 5 FOR INFORMATION ON GUIDE/RESERVE PRICE DEFINITIONS AND ANY ADDITIONAL FEES.
LOT Former Methodist Church, Ridgeway Moor, Ridgeway, Sheffield, Derbyshire S12 3XW 24 GUIDE PRICE £90,000–£100,000* | RESTORATION OPPORTUNITY
• Outstanding Restoration opportunity • Stone built Listed chapel dating from 1806 • Stands in just under 1 acre with adjoining field • Planning permission for three bed dwelling • Excludes the graveyard but new access and two car spaces • Retains a wealth of character and internal period features • Sought after location on the fringe of countryside
Planning JOINT AUCTIONEERS Full planning permission was Fowler Sandford, 8 St James Street, granted on the 13th August 2019 Sheffield, S1 1XN for the “Conversion of Church to a single storey, three bedroom dwelling with rear extension, addition of two parking spaces, black steel railings and formation of access” Ref. 19/00306/FL. VIEWING By appointment with Jake Bond The proposed scheme [email protected] Plans relating to the proposed 07715 214572 scheme are available are available to view via the website but briefly ON INSTRUCTIONS FROM THE comprise: METHODIST CHURCH OF SHEFFIELD Open plan living/dining/ kitchen, Utility Room,W/C, 3 bedrooms and lower ground floor bathroom and store.
Tenure The property is Freehold with the exception of the graveyard areas to the front and lower side which are Leasehold. Further details will be in the legal pack.
24 www.markjenkinson.co.uk Notes
www.markjenkinson.co.uk 25 Common Auction Conditions For Auctions of Real Estate in England and Wales Edition 4.
Words in bold green type have special meanings, which are CONDITION TENANCY SCHEDULE defined in the Glossary. One of the AUCTION CONDUCT CONDITIONS or SALE The schedule of TENANCIES (if any) forming part of the CONDITIONS. SPECIAL CONDITIONS. The general conditions (including any extra general conditions) apply to the contract except to the extent that they CONTRACT TRANSFER are varied by special conditions or by an addendum. The CONTRACT by which the SELLER agrees to sell and the TRANSFER includes a conveyance or assignment (and “to BUYER agrees to buy the LOT. TRANSFER” includes “to convey” or “to assign”). GLOSSARY This glossary applies to the AUCTION CONDUCT CONTRACT DATE TUPE CONDITIONS and the SALE CONDITIONS. It is a The date of the AUCTION or, if the LOT is sold before or after The TRANSFER of Undertakings (Protection of Employment) compulsory section of the Common AUCTION Conditions the AUCTION: Regulations 2006. that must be included without variation (but the SPECIAL a) the date of the SALE MEMORANDUM signed by both the CONDITIONS may include defined words that differ from SELLER and BUYER; or VAT the glossary so long as they apply only to the SPECIAL b) if CONTRACTS are exchanged, the date of exchange. Value Added Tax or other tax of a similar nature. CONDITIONS). If exchange is not effected in person or by an irrevocable The laws of England and Wales apply to the CONDITIONS agreement to exchange made by telephone, fax or electronic VAT OPTION and YOU, WE, the SELLER and the BUYER all submit to the mail the date of exchange is the date on which both parts have An option to tax. jurisdiction of the Courts of England and Wales. been signed and posted or otherwise placed beyond normal Wherever it makes sense: retrieval. WE (and US and OUR) singular words can be read as plurals, and plurals as singular The AUCTIONEERS. words; DOCUMENTS • a “person” includes a corporate body; DOCUMENTS of title including, if title is registered, the entries YOU (and YOUR) • words of one gender include the other genders; on the register and the title plan and other DOCUMENTS listed Someone who has seen the CATALOGUE or who attends or • references to legislation are to that legislation as it may have or referred to in the SPECIAL CONDITIONS relating bids at or otherwise participates in the AUCTION, whether or been modified or re-enacted by the date of the AUCTION or to the LOT (apart from FINANCIAL CHARGES). not a BUYER. the CONTRACT DATE (as applicable); and • where the following words appear in small capitals they EXTRA GENERAL CONDITIONS Auction Conduct Conditions • have the specified meanings. Any CONDITIONS added or varied by the AUCTIONEERS starting at CONDITION G30. Words in bold green type have special meanings, which are ACTUAL COMPLETION DATE defined in the Glossary. The date when COMPLETION takes place or is treated as Financial Charge The AUCTION CONDUCT CONDITIONS (as supplemented taking place for the purposes of apportionment and calculating A charge to secure a loan or other financial indebtedness or varied by CONDITION A6, if applicable) are a compulsory interest. (but not including a rentcharge or local land charge). section of the Common AUCTION Conditions. They cannot be disapplied or varied without OUR agreement, even by a ADDENDUM General Conditions CONDITION purporting to replace the Common AUCTION An amendment or addition to the CONDITIONS or to the The SALE CONDITIONS headed ‘GENERAL CONDITIONS OF Conditions in their entirety. PARTICULARS or to both whether contained in a SALE’, including any EXTRA GENERAL CONDITIONS. supplement to the CATALOGUE, a written notice from the A1 Introduction AUCTIONEERS or an oral announcement at the AUCTION. INTEREST RATE A1.1 The AUCTION CONDUCT CONDITIONS apply If not specified in the SPECIAL CONDITIONS, the higher of 6% wherever the LOT is located. Agreed COMPLETION Date and 4% above the base rate from time to time of Barclays Bank A1.2 If YOU make a bid for a LOT or otherwise participate in Subject to CONDITION G9.3: plc. The INTEREST RATE will also apply to any judgment debt, the AUCTION it is on the basis that YOU accept these a) the date specified in the SPECIAL CONDITIONS; or unless the statutory rate is higher. b) if no date is specified, 20 BUSINESS DAYS after the AUCTION CONDUCT CONDITIONS. They govern OUR CONTRACT DATE; relationship with YOU. They can be varied only if WE LOT agree. but if that date is not a BUSINESS DAY the first Each separate property described in the CATALOGUE or (as subsequent BUSINESS DAY. the case may be) the property that the SELLER has agreed to A2 OUR role sell and the BUYER to buy (including chattels, if any). APPROVED FINANCIAL INSTITUTION A2.1 As agents for each SELLER we have authority to Any bank or building society that is regulated by a competent (a) prepare the CATALOGUE from information supplied Old ARREARS by or on behalf of each SELLER; UK regulatory authority or is otherwise acceptable to the ARREARS due under any of the TENANCIES that are not AUCTIONEERS. (b) offer each LOT for sale; “new TENANCIES” as defined by the Landlord and Tenant (c) sell each LOT; (Covenants) Act 1995. (d) receive and hold deposits; ARREARS (e) sign each SALE MEMORANDUM; and ARREARS of rent and other sums due under the TENANCIES PARTICULARS (f) treat a CONTRACT as repudiated if the BUYER fails and still outstanding on the ACTUAL COMPLETION DATE. The section of the CATALOGUE that contains descriptions of to sign a SALE MEMORANDUM or pay a deposit as each LOT (as varied by any ADDENDUM). required by these AUCTION CONDUCT CONDITIONS ARREARS Schedule or fails to provide identification as required by the The ARREARS schedule (if any) forming part of the SPECIAL PRACTITIONER AUCTIONEERS. CONDITIONS. An insolvency PRACTITIONER for the purposes of the A2.2 OUR decision on the conduct of the AUCTION is final. Insolvency Act 1986 (or, in relation to jurisdictions outside the A2.3 WE may cancel the AUCTION, or alter the order in AUCTION United Kingdom, a person undertaking a similar role). which LOTS are offered for sale. WE may also combine The AUCTION advertised in the CATALOGUE. or divide LOTS. A LOT may be sold or withdrawn from PRICE sale prior to the AUCTION. AUCTION CONDUCT CONDITIONS The PRICE (exclusive of VAT) that the BUYER agrees to pay A2.4 YOU acknowledge that to the extent permitted by law The conditions so headed, including any extra AUCTION for the LOT. WE owe YOU no duty of care and YOU have no claim CONDUCT CONDITIONS. Ready To Complete against US for any loss. Ready, willing and able to complete: if COMPLETION A2.5 WE may refuse to admit one or more persons to the AUCTIONEERS would enable the SELLER to discharge all FINANCIAL AUCTION without having to explain why. The AUCTIONEERS at the AUCTION. CHARGES secured on the LOT that have to be discharged by A2.6 YOU may not be allowed to bid unless YOU provide COMPLETION, then those outstanding financial such evidence of YOUR identity and other information BUSINESS DAY charges do not prevent the SELLER from being READY TO as WE reasonably require from all bidders. Any day except (a) Saturday or Sunday or (b) a bank or public COMPLETE. holiday in England and Wales. A3 Bidding and reserve PRICEs SALE CONDITIONS A3.1 All bids are to be made in pounds sterling exclusive of BUYER The GENERAL CONDITIONS as varied by any SPECIAL VAT. The person who agrees to buy the LOT or, if applicable, that CONDITIONS or ADDENDUM. A3.2 WE may refuse to accept a bid. WE do not have to person’s personal representatives: if two or more are jointly the explain why. BUYER their obligations can be enforced against them jointly or SALE MEMORANDUM A3.3 If there is a dispute over bidding WE are entitled to against each of them separately. The form so headed (whether or not set out in the resolve it, and OUR decision is final. CATALOGUE) in which the terms of the CONTRACT for the A3.4 Unless stated otherwise each LOT is subject to a CATALOGUE sale of the LOT are recorded. reserve PRICE (which may be fixed just before the The catalogue for the AUCTION as it exists at the date of the LOT is offered for sale). If no bid equals or exceeds that AUCTION (or, if the catalogue is then different, the date of the SELLER reserve PRICE the LOT will be withdrawn from the CONTRACT) including any ADDENDUM and whether printed The person selling the LOT. If two or more are jointly the AUCTION. or made available electronically. SELLER their obligations can be enforced against them jointly or A3.5 Where there is a reserve PRICE the SELLER may bid (or against each of them separately. ask US or another agent to bid on the SELLER’s behalf) COMPLETION up to the reserve PRICE but may not make a bid equal Unless the SELLER and the BUYER otherwise agree, the SPECIAL CONDITIONS to or exceeding the reserve PRICE. YOU accept that it occasion when they have both complied with the obligations Those of the SALE CONDITIONS so headed that relate to the is possible that all bids up to the reserve PRICE are bids under the CONTRACT that they are obliged to comply LOT. made by or on behalf of the SELLER. with prior to COMPLETION, and the amount payable on COMPLETION has been unconditionally received in the TENANCIES A4 The PARTICULARS and other information SELLER’S conveyancer’s client account TENANCIES, leases, licences to occupy and agreements for A4.1 WE have taken reasonable care to prepare (or as otherwise required by the terms of the CONTRACT). lease and any DOCUMENTS varying or supplemental to them. PARTICULARS that correctly describe each LOT. The PARTICULARS are based on information supplied by or on behalf of the SELLER. YOU need to check that the information in the PARTICULARS is correct.
26 www.markjenkinson.co.uk A4.2 If the SPECIAL CONDITIONS do not contain a (a) matters registered or capable of registration as local of the DOCUMENTS that is made available before the description of the LOT, or simply refer to the relevant land charges; AUCTION or any other matter, except one that occurs LOT number, you take the risk that the description (b) matters registered or capable of registration by any after the CONTRACT DATE. contained in the PARTICULARS is incomplete or competent authority or under the provisions of any G4.2 The following provisions apply only to any of the inaccurate, as the PARTICULARS have not been statute; following DOCUMENTS that is not made available prepared by a conveyancer and are not intended to form (c) notices, orders, demands, proposals and before the AUCTION: part of a legal CONTRACT. requirements of any competent authority; (a) If the LOT is registered land the SELLER is to give A4.3 The PARTICULARS and the SALE CONDITIONS (d) charges, notices, orders, restrictions, agreements to the BUYER within five BUSINESS DAYS of the may change prior to the AUCTION and it is YOUR and other matters relating to town and country planning, CONTRACT DATE an official copy of the entries on the responsibility to check that YOU have the correct highways or public health; register and title plan and, where noted on the register, versions. (e) rights, easements, quasi-easements, and wayleaves; of all DOCUMENTS subject to which the LOT is being A4.4 If WE provide information, or a copy of a DOCUMENT, (f) outgoings and other liabilities; sold. WE do so only on the basis that WE are not responsible (g) any interest which overrides, under the Land (b) If the LOT is not registered land the SELLER is to for the accuracy of that information or DOCUMENT. Registration Act 2002; give to the BUYER within five BUSINESS DAYS of (h) matters that ought to be disclosed by the searches the CONTRACT DATE an abstract or epitome of title A5 The CONTRACT and enquiries a prudent BUYER would make, whether starting from the root of title mentioned in the SPECIAL A5.1 A successful bid is one WE accept as such (normally on or not the BUYER has made them; and CONDITIONS (or, if none is mentioned, a good root of the fall of the hammer). This CONDITION A5 applies to (i) anything the SELLER does not and could not title more than fifteen years old) and must produce to YOU only if YOU make the successful bid for a LOT. reasonably know about. the BUYER the original or an examined copy of every A5.2 YOU are obliged to buy the LOT on the terms of the SALE G1.5 Where anything subject to which the LOT is sold would relevant DOCUMENT. MEMORANDUM at the PRICE YOU bid (plus VAT, if expose the SELLER to liability the BUYER is to comply (c) If title is in the course of registration, title is to applicable). with it and indemnify the SELLER against that liability. consist of: A5.3 YOU must before leaving the AUCTION G1.6 The SELLER must notify the BUYER of any notices, (i) certified copies of the application for registration (a) provide all information WE reasonably need orders, demands, proposals and requirements of of title made to the Land Registry and of the from YOU to enable US to complete the SALE any competent authority of which it learns after the DOCUMENTS accompanying that application; MEMORANDUM (including proof of your identity if CONTRACT DATE but the BUYER must comply with (ii) evidence that all applicable stamp duty land tax required by US); them and keep the SELLER indemnified. relating to that application has been paid; and (b) sign the completed SALE MEMORANDUM; and G1.7 The LOT does not include any tenant’s or trade fixtures (iii) a letter under which the SELLER or its (c) pay the deposit. or fittings. The SPECIAL CONDITIONS state whether conveyancer agrees to use all reasonable A5.4 If YOU do not WE may either any chattels are included in the LOT, but if they are: endeavours to answer any requisitions raised by (a) as agent for the SELLER treat that failure as YOUR (a) the BUYER takes them as they are at COMPLETION the Land Registry and to instruct the Land Registry repudiation of the CONTRACT and offer the LOT for and the SELLER is not liable if they are not fit for use, to send the completed registration DOCUMENTS sale again: the SELLER may then have a claim against and to the BUYER. YOU for breach of CONTRACT; or (b) the SELLER is to leave them at the LOT. (d) The BUYER has no right to object to or make (b) sign the SALE MEMORANDUM on YOUR behalf. G1.8 The BUYER buys with full knowledge of requisitions on any title information more than seven A5.5 The deposit (a) the DOCUMENTS, whether or not the BUYER has BUSINESS DAYS after that information has been given (a) must be paid in pounds sterling by cheque or by read them; and to the BUYER. bankers’ draft made payable to US (or, at OUR option, (b) the physical condition of the LOT and what could G4.3 Unless otherwise stated in the SPECIAL CONDITIONS the SELLER’S conveyancer) drawn on an APPROVED reasonably be discovered on inspection of it, whether or the SELLER sells with full title guarantee except that FINANCIAL INSTITUTION (CONDITION A6 may state not the BUYER has inspected it. (and the TRANSFER shall so provide): if WE accept any other form of payment); G1.9 The BUYER admits that it is not relying on the (a) the covenant set out in section 3 of the Law of (b) may be declined by US unless drawn on YOUR information contained in the PARTICULARS or on any Property (Miscellaneous Provisions) Act 1994 shall not account, or that of the BUYER, or of another person representations made by or on behalf of the SELLER but extend to matters recorded in registers open to public who (we are satisfied) would not expose US to a breach the BUYER may rely on the SELLER’S conveyancer’s inspection; these are to be treated as within the actual of money laundering regulations; written replies to written enquiries to the extent stated knowledge of the BUYER; and (c) is to be held by US (or, at OUR option, the SELLER’S in those replies. (b) the covenant set out in section 4(1)(b) of the Law of conveyancer); and Property (Miscellaneous Provisions) Act 1994 shall not (d) is to be held as stakeholder where VAT would be G2 Deposit extend to any condition or tenant’s obligation relating chargeable on the deposit were it to be held as agent for G2.1 The amount of the deposit is the greater of: to the state or condition of the LOT where the LOT is the SELLER, but otherwise is to be held as stakeholder (a) any minimum deposit stated in the AUCTION leasehold property. unless the SALE CONDITIONS require it to be held as CONDUCT CONDITIONS (or the total PRICE, if this is G4.4 The TRANSFER is to have effect as if expressly subject agent for the SELLER. less than that minimum); and to all matters subject to which the LOT is sold under the A5.6 WE may retain the SALE MEMORANDUM signed by (b) 10% of the PRICE (exclusive of any VAT on the CONTRACT. or on behalf of the SELLER until the deposit has been PRICE). G4.5 The SELLER does not have to produce, nor may the received in cleared funds. G2.2 If a cheque for all or part of the deposit is not cleared BUYER object to or make a requisition in relation to, A5.7 Where WE hold the deposit as stakeholder WE are on first presentation the SELLER may treat the any prior or superior title even if it is referred to in the authorised to release it (and interest on it if applicable) CONTRACT as at an end and bring a claim against the DOCUMENTS. to the SELLER on COMPLETION or, if COMPLETION BUYER for breach of CONTRACT. G4.6 The SELLER (and, if relevant, the BUYER) must produce does not take place, to the person entitled to it under G2.3 Interest earned on the deposit belongs to the SELLER to each other such confirmation of, or evidence of, their the SALE CONDITIONS. unless the SALE CONDITIONS provide otherwise. identity and that of their mortgagees and attorneys (if A5.8 If the BUYER does not comply with its obligations under any) as is necessary for the other to be able to comply the CONTRACT then G3 Between CONTRACT and COMPLETION with applicable Money Laundering Regulations and Land (a) YOU are personally liable to buy the LOT even if G3.1 From the CONTRACT DATE the SELLER has no Registry Rules. YOU are acting as an agent; and obligation to insure the LOT and the BUYER bears all (b) YOU must indemnify the SELLER in respect of any risks of loss or damage unless G5 TRANSFER loss the SELLER incurs as a result of the BUYER’s (a) the LOT is sold subject to a TENANCY that requires G5.1 Unless a form of TRANSFER is prescribed by the default. the SELLER to insure the LOT or SPECIAL CONDITIONS A5.9 Where the BUYER is a company YOU warrant that the (b) the SPECIAL CONDITIONS require the SELLER to (a) the BUYER must supply a draft TRANSFER to the BUYER is properly constituted and able to buy the LOT. insure the LOT. SELLER at least ten BUSINESS DAYS before the G3.2 If the SELLER is required to insure the LOT then AGREED COMPLETION DATE and the engrossment A6 Extra Auction Conduct Conditions the SELLER (signed as a deed by the BUYER if CONDITION G5.2 A6.1 Despite any SPECIAL CONDITION to the contrary the (a) must produce to the BUYER on request all relevant applies) five BUSINESS DAYS before that date or (if minimum deposit WE accept is £...... (or the total PRICE, insurance details; later) two BUSINESS DAYS after the draft has been if less). A SPECIAL CONDITION may, however, require (b) must use reasonable endeavours to maintain that or approved by the SELLER; and a higher minimum deposit. equivalent insurance and pay the premiums when due; (b) the SELLER must approve or revise the draft (c) gives no warranty as to the adequacy of the TRANSFER within five BUSINESS DAYS of receiving it General Conditions of Sale insurance; from the BUYER. (d) must at the request of the BUYER use reasonable G5.2 If the SELLER has any liability (other than to the Words in bold green type have special meanings, which are endeavours to have the BUYER’s interest noted on the BUYER) in relation to the LOT or a TENANCY following defined in the Glossary. policy if it does not cover a contracting purchaser; COMPLETION, the BUYER is specifically to covenant in (e) must, unless otherwise agreed, cancel the insurance the TRANSFER to indemnify the SELLER against that The GENERAL CONDITIONS (as WE supplement or change at COMPLETION, apply for a refund of premium and liability. them by any EXTRA GENERAL CONDITIONS or ADDENDUM) (subject to the rights of any tenant or other third party) G5.3 The SELLER cannot be required to TRANSFER the LOT are compulsory but may be disapplied or changed in relation to pay that refund to the BUYER; and to anyone other than the BUYER, or by more than one one or more LOTS by SPECIAL CONDITIONS. The template (f) (subject to the rights of any tenant or other third party) TRANSFER. form of SALE MEMORANDUM is not compulsory but is to hold on trust for the BUYER any insurance payments G5.4 Where the SPECIAL CONDITIONS state that the be varied only if WE agree. The template forms of SPECIAL that the SELLER receives in respect of loss or damage SELLER is to grant a new lease to the BUYER CONDITIONS and schedules are recommended, but are not arising after the CONTRACT DATE, or assign to the (a) the CONDITIONS are to be read so that the compulsory and may be changed by the SELLER of a LOT. BUYER the benefit of any claim; and theBUYER must TRANSFER refers to the new lease, the SELLER to on COMPLETION reimburse to the SELLER the cost the proposed landlord and the BUYER to the proposed G1 The LOT of that insurance as from the CONTRACT DATE (to tenant; G1.1 The LOT (including any rights to be granted or reserved, the extent not already paid by the BUYER or a tenant or (b) the form of new lease is that described by the and any exclusions from it) is described in the SPECIAL other third party). SPECIAL CONDITIONS; and CONDITIONS, or if not so described is that referred to G3.3 No damage to or destruction of the LOT, nor any (c) the SELLER is to produce, at least five BUSINESS in the SALE MEMORANDUM. deterioration in its condition, however caused, entitles DAYS before the AGREED COMPLETION DATE, the G1.2 The LOT is sold subject to any TENANCIES disclosed the BUYER to any reduction in PRICE, or to delay engrossed counterpart lease, which the BUYER is to by the SPECIAL CONDITIONS, but otherwise with COMPLETION, or to refuse to complete. sign and deliver to the SELLER on COMPLETION. vacant possession on COMPLETION. G3.4 Section 47 of the Law of Property Act 1925 does not G1.3 The LOT is sold subject to all matters contained or apply to the CONTRACT. G6 COMPLETION referred to in the DOCUMENTS. The SELLER must G3.5 Unless the BUYER is already lawfully in occupation G6.1 COMPLETION is to take place at the offices of the discharge FINANCIAL CHARGES on or before of the LOT the BUYER has no right to enter into SELLER’S conveyancer, or where the SELLER may COMPLETION. occupation prior to COMPLETION. reasonably require, on the AGREED COMPLETION G1.4 The LOT is also sold subject to such of the following DATE. The SELLER can only be required to complete on as may affect it, whether they arise before or after G4 Title and identity a BUSINESS DAY and between the hours of 0930 and the CONTRACT DATE and whether or not they G4.1 Unless CONDITION G4.2 applies, the BUYER accepts 1700. are disclosed by the SELLER or are apparent from the title of the SELLER to the LOT as at the CONTRACT G6.2 The amount payable on COMPLETION is the inspection of the LOT or from the DOCUMENTS: DATE and may raise no requisition or objection to any balance of the PRICE adjusted to take account of www.markjenkinson.co.uk 27 apportionments plus (if applicable) VAT and interest, (a) the BUYER is liable to pay interest; and which case the SELLER may act reasonably in such a but no other amounts unless specified in the SPECIAL (b) the SELLER has given notice to the BUYER at any way as to avoid that liability; CONDITIONS. time up to COMPLETION requiring apportionment on (b) if the SELLER gives the BUYER notice of the G6.3 Payment is to be made in pounds sterling and only by the date from which interest becomes payable by the SELLER’s intended act and the BUYER does not object (a) direct TRANSFER from the BUYER’s conveyancer to BUYER; in which event income and outgoings are to be within five BUSINESS DAYS giving reasons for the the SELLER’S conveyancer; and apportioned on the date from which interest becomes objection the SELLER may act as the SELLER intends; (b) the release of any deposit held by a stakeholder or in payable by the BUYER. and such other manner as the SELLER’S conveyancer may G10.4 Apportionments are to be calculated on the basis that: (c) the BUYER is to indemnify the SELLER against all agree. (a) the SELLER receives income and is liable loss or liability the SELLER incurs through acting as the G6.4 Unless the SELLER and the BUYER otherwise for outgoings for the whole of the day on which BUYER requires, or by reason of delay caused by the agree, COMPLETION cannot take place until both apportionment is to be made; BUYER. have complied with the obligations under the (b) annual income and expenditure accrues at an equal CONTRACT that they are obliged to comply with daily rate assuming 365 days in a year (or 366 in a leap G13 Rent deposits prior to COMPLETION, and the amount payable on year), and income and expenditure relating to some G13.1 Where any TENANCY is an assured shorthold COMPLETION is unconditionally received in the other period accrues at an equal daily rate during the TENANCY, the SELLER and the BUYER are to comply SELLER’S conveyancer’s client account or as otherwise period to which it relates; and with their respective statutory duties in relation to the required by the terms of the CONTRACT. (c) where the amount to be apportioned is not known protection of tenants’ deposits, and to demonstrate in G6.5 If COMPLETION takes place after 1400 hours for at COMPLETION apportionment is to be made by writing to the other (before COMPLETION, so far as a reason other than the SELLER’S default it is to reference to a reasonable estimate and further payment practicable) that they have complied. be treated, for the purposes of apportionment and is to be made by SELLER or BUYER as appropriate G13.2 The remainder of this CONDITION G13 applies where calculating interest, as if it had taken place on the next within five BUSINESS DAYS of the date when the the SELLER is holding or otherwise entitled to money BUSINESS DAY. amount is known. by way of rent deposit in respect of a TENANCY. In this G6.6 Where applicable the CONTRACT remains in force G10.5 If a payment due from the BUYER to the SELLER on CONDITION G13 “rent deposit deed” means the deed following COMPLETION. or after COMPLETION is not paid by the due date, or other DOCUMENT under which the rent deposit is the BUYER is to pay interest to the SELLER at the held. G7 Notice to complete INTEREST RATE on that payment from the due date up G13.3 If the rent deposit is not assignable the SELLER must G7.1 The SELLER or the BUYER may on or after to and including the date of payment. on COMPLETION hold the rent deposit on trust for the the AGREED COMPLETION DATE but before BUYER and, subject to the terms of the rent deposit COMPLETION give the other notice to complete within G11. ARREARS deed, comply at the cost of the BUYER with the ten BUSINESS DAYS (excluding the date on which the Part 1 – Current rent BUYER’s lawful instructions. notice is given) making time of the essence. G11.1 “Current rent” means, in respect of each of the G13.4 Otherwise the SELLER must on COMPLETION pay G7.2 The person giving the notice must be READY TO TENANCIES subject to which the LOT is sold, the and assign its interest in the rent deposit to the BUYER COMPLETE. instalment of rent and other sums payable by the tenant under an assignment in which the BUYER covenants G7.3 If the BUYER fails to comply with a notice to complete on the most recent rent payment date on or within four with the SELLER to: the SELLER may, without affecting any other remedy months preceding COMPLETION. (a) observe and perform the SELLER’s covenants and the SELLER has: G11.2 If on COMPLETION there are any ARREARS of current conditions in the rent deposit deed and indemnify the (a) terminate the CONTRACT; rent the BUYER must pay them, whether or not SELLER in respect of any breach; (b) claim the deposit and any interest on it if held by a details of those ARREARS are given in the SPECIAL (b) give notice of assignment to the tenant; and stakeholder; CONDITIONS. (c) give such direct covenant to the tenant as may be (c) forfeit the deposit and any interest on it; G11.3 Parts 2 and 3 of this CONDITION G11 do not apply to required by the rent deposit deed. (d) resell the LOT; and ARREARS of current rent. (e) claim damages from the BUYER. G14 VAT G7.4 If the SELLER fails to comply with a notice to complete Part 2 – BUYER to pay for ARREARS G14.1 Where a SALE CONDITION requires money to be the BUYER may, without affecting any other remedy the G11.4 Part 2 of this CONDITION G11 applies where the paid or other consideration to be given, the payer must BUYER has: SPECIAL CONDITIONS give details of ARREARS. also pay any VAT that is chargeable on that money or (a) terminate the CONTRACT; and G11.5 The BUYER is on COMPLETION to pay, in addition consideration, but only if given a valid VAT invoice. (b) recover the deposit and any interest on it from the to any other money then due, an amount equal to all G14.2 Where the SPECIAL CONDITIONS state that no VAT SELLER or, if applicable, a stakeholder. ARREARS of which details are set out in the SPECIAL OPTION has been made the SELLER confirms that CONDITIONS. none has been made by it or by any company in the G8 If the CONTRACT is brought to an end G11.6 If those ARREARS are not OLD ARREARS the SELLER same VAT group nor will be prior to COMPLETION. If the CONTRACT is lawfully brought to an end: is to assign to the BUYER all rights that the SELLER has (a) the BUYER must return all papers to the SELLER and to recover those ARREARS. G15 TRANSFER as a going concern appoints the SELLER its agent to cancel any registration G15.1 Where the SPECIAL CONDITIONS so state: of the CONTRACT; and Part 3 – BUYER not to pay for ARREARS (a) the SELLER and the BUYER intend, and will take all (b) the SELLER must return the deposit and any interest G11.7 Part 3 of this CONDITION G11 applies where the practicable steps (short of an appeal) to procure, that the on it to the BUYER (and the BUYER may claim it from SPECIAL CONDITIONS sale is treated as a TRANSFER of a going concern; and the stakeholder, if applicable) unless the SELLER is (a) so state; or (b) this CONDITION G15 applies. entitled to forfeit the deposit under CONDITION G7.3. (b) give no details of any ARREARS. G15.2 The SELLER confirms that the SELLER: G11.8 While any ARREARS due to the SELLER remain unpaid (a) is registered for VAT, either in the SELLER’S name G9 Landlord’s licence the BUYER must: or as a member of the same VAT group; and G9.1 Where the LOT is or includes leasehold land and licence (a) try to collect them in the ordinary course of (b) has (unless the sale is a standard-rated supply) made to assign or sublet is required this CONDITION G9 management but need not take legal proceedings or in relation to the LOT a VAT OPTION that remains valid applies. forfeit the TENANCY; and will not be revoked before COMPLETION. G9.2 The CONTRACT is conditional on that licence being (b) pay them to the SELLER within fiveBUSINESS G15.3 The BUYER confirms that obtained, by way of formal licence if that is what the DAYS of receipt in cleared funds (plus interest at the (a) it is registered for VAT, either in the BUYER’S name landlord lawfully requires. INTEREST RATE calculated on a daily basis for each or as a member of a VAT group; G9.3 The AGREED COMPLETION DATE is not to be earlier subsequent day’s delay in payment); (b) it has made, or will make before COMPLETION, a than the date five BUSINESS DAYS after the SELLER (c) on request, at the cost of the SELLER, assign to VAT OPTION in relation to the LOT and will not revoke has given notice to the BUYER that licence has been the SELLER or as the SELLER may direct the right to it before or within three months after COMPLETION; obtained (“licence notice”). demand and sue for OLD ARREARS, such assignment (c) article 5(2B) of the Value Added Tax (Special G9.4 The SELLER must to be in such form as the SELLER’S conveyancer may Provisions) Order 1995 does not apply to it; and (a) use all reasonable endeavours to obtain the licence at reasonably require; (d) it is not buying the LOT as a nominee for another the SELLER’S expense; and (d) if reasonably required, allow the SELLER’S person. (b) enter into any Authorised Guarantee Agreement conveyancer to have on loan the counterpart of any G15.4 The BUYER is to give to the SELLER as early as (“AGA”) properly required (procuring a guarantee of that TENANCY against an undertaking to hold it to the possible before the AGREED COMPLETION DATE AGA if lawfully required by the landlord). BUYER’s order; evidence G9.5 The BUYER must promptly (e) not without the consent of the SELLER release any (a) of the BUYER’S VAT registration; (a) provide references and other relevant information; tenant or surety from liability to pay ARREARS or accept (b) that the BUYER has made a VAT OPTION; and and a surrender of or forfeit any TENANCY under which (c) that the VAT OPTION has been notified in writing (b) comply with the landlord’s lawful requirements. ARREARS are due; and to HM Revenue and Customs; and if it does not G9.6 If within three months of the CONTRACT DATE (or (f) if the BUYER disposes of the LOT prior to recovery produce the relevant evidence at least two BUSINESS such longer period as the SELLER and BUYER agree) of all ARREARS obtain from the BUYER’S successor in DAYS before the AGREED COMPLETION DATE, the SELLER has not given licence notice to the BUYER title a covenant in favour of the SELLER in similar form CONDITION G14.1 applies at COMPLETION. the SELLER or the BUYER may (if not then in breach of to part 3 of this CONDITION G 11. G15.5 The BUYER confirms that after COMPLETION the any obligation under this CONDITION G9) by notice to G11.9 Where the SELLER has the right to recover ARREARS BUYER intends to the other terminate the CONTRACT at any time before it must not without the BUYER’S written consent bring (a) retain and manage the LOT for the BUYER’S own the SELLER has given licence notice. That termination insolvency proceedings against a tenant or seek the benefit as a continuing business as a going concern is without prejudice to the claims of either SELLER or removal of goods from the LOT. subject to and with the benefit of the TENANCIES; and BUYER for breach of this CONDITION G9. (b) collect the rents payable under the TENANCIES and G12 Management charge VAT on them. G10 Interest and apportionments G12.1 This CONDITION G12 applies where the LOT is sold G15.6 If, after COMPLETION, it is found that the sale of the G10.1 If the ACTUAL COMPLETION DATE is after the subject to TENANCIES. LOT is not a TRANSFER of a going concern then: AGREED COMPLETION DATE for any reason other G12.2 The SELLER is to manage the LOT in accordance (a) the SELLER’s conveyancer is to notify the BUYER’s than the SELLER’S default the BUYER must pay with its standard management policies pending conveyancer of that finding and provide a VAT invoice in interest at the INTEREST RATE on the money due from COMPLETION. respect of the sale of the LOT; the BUYER at COMPLETION for the period starting on G12.3 The SELLER must consult the BUYER on all (b) the BUYER must within five BUSINESS DAYS of the AGREED COMPLETION DATE and ending on the management issues that would affect the BUYER receipt of the VAT invoice pay to the SELLER the VAT ACTUAL COMPLETION DATE. after COMPLETION (such as, but not limited to, due; and G10.2 Subject to CONDITION G11 the SELLER is not obliged an application for licence; a rent review; a variation, (c) if VAT is payable because the BUYER has not to apportion or account for any sum at COMPLETION surrender, agreement to surrender or proposed complied with this CONDITION G15, the BUYER unless the SELLER has received that sum in cleared forfeiture of a TENANCY; or a new TENANCY or must pay and indemnify the SELLER against all costs, funds. The SELLER must promptly pay to the BUYER agreement to grant a new TENANCY) and: interest, penalties or surcharges that the SELLER incurs after COMPLETION any sum to which the BUYER (a) the SELLER must comply with the BUYER’s as a result. is entitled that the SELLER subsequently receives in reasonable requirements unless to do so would (but for cleared funds. the indemnity in paragraph (c)) expose the SELLER to a G10.3 Income and outgoings are to be apportioned at the liability that the SELLER would not otherwise have, in ACTUAL COMPLETION DATE unless:
28 www.markjenkinson.co.uk G16 Capital allowances G22 Service Charge (b) use all reasonable endeavours to conclude any G16.1 This CONDITION G16 applies where the SPECIAL G22.1 This CONDITION G22 applies where the LOT is sold proceedings or negotiations for the renewal of the CONDITIONS state that there are capital allowances subject to TENANCIES that include service charge TENANCY and the determination of any interim rent as available in respect of the LOT. provisions. soon as reasonably practicable at the best rent or rents G16.2 The SELLER is promptly to supply to the BUYER G22.2 No apportionment is to be made at COMPLETION in reasonably obtainable; and all information reasonably required by the BUYER respect of service charges. (c) if any increased rent is recovered from the tenant in connection with the BUYER’s claim for capital G22.3 Within two months after COMPLETION the SELLER (whether as interim rent or under the renewed allowances. must provide to the BUYER a detailed service TENANCY) account to the SELLER for the part of G16.3 The value to be attributed to those items on which charge account for the service charge year current on that increase that relates to the SELLER’S period of capital allowances may be claimed is set out in the COMPLETION showing: ownership of the LOT within five BUSINESS DAYS of SPECIAL CONDITIONS. (a) service charge expenditure attributable to each receipt of cleared funds. G16.4 The SELLER and BUYER agree: TENANCY; G24.5 The SELLER and the BUYER are to bear their own costs (a) to make an election on COMPLETION under Section (b) payments on account of service charge received in relation to the renewal of the TENANCY and any 198 of the Capital Allowances Act 2001 to give effect to from each tenant; proceedings relating to this. this CONDITION G16; and (c) any amounts due from a tenant that have not been (b) to submit the value specified in the SPECIAL received; G25 Warranties CONDITIONS to HM Revenue and Customs for (d) any service charge expenditure that is not attributable G25.1 Available warranties are listed in the SPECIAL the purposes of their respective capital allowance to any TENANCY and is for that reason irrecoverable. CONDITIONS. computations. G22.4 In respect of each TENANCY, if the service charge G25.2 Where a warranty is assignable the SELLER must: account shows: (a) on COMPLETION assign it to the BUYER and give G17 Maintenance agreements (a) that payments that the tenant has made on account notice of assignment to the person who gave the G17.1 The SELLER agrees to use reasonable endeavours to exceed attributable service charge expenditure, the warranty; and TRANSFER to the BUYER, at the BUYER’s cost, the SELLER must pay to the BUYER an amount equal (b) apply for (and the SELLER and the BUYER must benefit of the maintenance agreements specified in the to that excess when it provides the service charge use all reasonable endeavours to obtain) any consent to SPECIAL CONDITIONS. account; or assign that is required. If consent has not been obtained G17.2 The BUYER must assume, and indemnify the SELLER (b) that attributable service charge expenditure exceeds by COMPLETION the warranty must be assigned within in respect of, all liability under such agreements from the payments made on account, the BUYER must use all fiveBUSINESS DAYS after the consent has been ACTUAL COMPLETION DATE. reasonable endeavours to recover the shortfall from obtained. the tenant as soon as practicable and promptly pay the G25.3 If a warranty is not assignable the SELLER must after G18 Landlord and Tenant Act 1987 amount so recovered to the SELLER; but in respect of COMPLETION: G18.1 This CONDITION G18 applies where the sale is a payments on account that are still due from a tenant (a) hold the warranty on trust for the BUYER; and relevant disposal for the purposes of part I of the CONDITION G11 (ARREARS) applies. (b) at the BUYER’s cost comply with such of the lawful Landlord and Tenant Act 1987 G22.5 In respect of service charge expenditure that is not instructions of the BUYER in relation to the warranty G18.2 The SELLER warrants that the SELLER has complied attributable to any TENANCY the SELLER must pay as do not place the SELLER in breach of its terms or with sections 5B and 7 of that Act and that the requisite the expenditure incurred in respect of the period before expose the SELLER to any liability or penalty. majority of qualifying tenants has not accepted the offer. ACTUAL COMPLETION DATE and the BUYER must pay the expenditure incurred in respect of the period G26 No assignment G19 Sale by PRACTITIONER after ACTUAL COMPLETION DATE. Any necessary The BUYER must not assign, mortgage or otherwise G19.1 This CONDITION G19 applies where the sale is by a monetary adjustment is to be made within five TRANSFER or part with the whole or any part of the PRACTITIONER either as SELLER or as agent of the BUSINESS DAYS of the SELLER providing the service BUYER’S interest under this CONTRACT. SELLER. charge account to the BUYER. G19.2 The PRACTITIONER has been duly appointed and is G22.6 If the SELLER holds any reserve or sinking fund on G27 Registration at the Land Registry empowered to sell the LOT. account of future service charge expenditure or a G27.1 This CONDITION G27.1 applies where the LOT is G19.3 Neither the PRACTITIONER nor the firm or any member depreciation fund: leasehold and its sale either triggers first registration or of the firm to which the PRACTITIONER belongs (a) the SELLER must pay it (including any interest is a registrable disposition. The BUYER must at its own has any personal liability in connection with the sale earned on it) to the BUYER on COMPLETION; and expense and as soon as practicable: or the performance of the SELLER’s obligations. The (b) the BUYER must covenant with the SELLER to hold (a) procure that it becomes registered at the Land TRANSFER is to include a declaration excluding that it in accordance with the terms of the TENANCIES and Registry as proprietor of the LOT; personal liability. to indemnify the SELLER if it does not do so. (b) procure that all rights granted and reserved by the G19.4 The LOT is sold lease under which the LOT is held are properly noted (a) in its condition at COMPLETION; G23 Rent reviews against the affected titles; and (b) for such title as the SELLER may have; and G23.1 This CONDITION G23 applies where the LOT is sold (c) provide the SELLER with an official copy of the (c) with no title guarantee; and the BUYER has no right subject to a TENANCY under which a rent review due register relating to such lease showing itself registered to terminate the CONTRACT or any other remedy on or before the ACTUAL COMPLETION DATE has not as proprietor. if information provided about the LOT is inaccurate, been agreed or determined. G27.2 This CONDITION G27.2 applies where the LOT incomplete or missing. G23.2 The SELLER may continue negotiations or rent review comprises part of a registered title. The BUYER must at G19.5 Where relevant: proceedings up to the ACTUAL COMPLETION its own expense and as soon as practicable: (a) the DOCUMENTS must include certified copies DATE but may not agree the level of the revised rent (a) apply for registration of the TRANSFER; of those under which the PRACTITIONER is or commence rent review proceedings without the (b) provide the SELLER with an official copy and title appointed, the DOCUMENT of appointment and the written consent of the BUYER, such consent not to be plan for the BUYER’S new title; and PRACTITIONER’S acceptance of appointment; and unreasonably withheld or delayed. (c) join in any representations the SELLER may properly (b) the SELLER may require the TRANSFER to be by G23.3 Following COMPLETION the BUYER must complete make to the Land Registry relating to the application. the lender exercising its power of sale under the Law of rent review negotiations or proceedings as soon as Property Act 1925. reasonably practicable but may not agree the level of G28 Notices and other communications G19.6 The BUYER understands this CONDITION G19 and the revised rent without the written consent of the G28.1 All communications, including notices, must be in agrees that it is fair in the circumstances of a sale by a SELLER, such consent not to be unreasonably withheld writing. Communication to or by the SELLER or the PRACTITIONER. or delayed. BUYER may be given to or by their conveyancers. G23.4 The SELLER must promptly: G28.2 A communication may be relied on if: G20 TUPE (a) give to the BUYER full details of all rent review (a) delivered by hand; or G20.1 If the SPECIAL CONDITIONS state “there are no negotiations and proceedings, including copies of all (b) made electronically and personally acknowledged employees to which TUPE applies”, this is a warranty by correspondence and other papers; and (automatic acknowledgement does not count); or the SELLER to this effect. (b) use all reasonable endeavours to substitute the (c) there is proof that it was sent to the address of the G20.2 If the SPECIAL CONDITIONS do not state “there are BUYER for the SELLER in any rent review proceedings. person to whom it is to be given (as specified in the no employees to which TUPE applies” the following G23.5 The SELLER and the BUYER are to keep each other SALE MEMORANDUM) by a postal service that offers paragraphs apply: informed of the progress of the rent review and have normally to deliver mail the next following BUSINESS (a) The SELLER must notify the BUYER of those regard to any proposals the other makes in relation to it. DAY. employees whose CONTRACTs of employment will G23.6 When the rent review has been agreed or determined G28.3 A communication is to be treated as received: TRANSFER to the BUYER on COMPLETION (the the BUYER must account to the SELLER for any (a) when delivered, if delivered by hand; or “Transferring Employees”). increased rent and interest recovered from the tenant (b) when personally acknowledged, if made This notification must be given to the BUYER not less that relates to the SELLER’S period of ownership within electronically; but if delivered or made after 1700 hours than 14 days before COMPLETION. fiveBUSINESS DAYS of receipt of cleared funds. on a BUSINESS DAY a communication is to be treated (b) The BUYER confirms that it will comply with G23.7 If a rent review is agreed or determined before as received on the next BUSINESS DAY. its obligations under TUPE and any SPECIAL COMPLETION but the increased rent and any interest G28.4 A communication sent by a postal service that offers CONDITIONS in respect of the TRANSFERring recoverable from the tenant has not been received normally to deliver mail the next following BUSINESS Employees. by COMPLETION the increased rent and any interest DAY will be treated as received on the second (c) The BUYER and the SELLER acknowledge that recoverable is to be treated as ARREARS. BUSINESS DAY after it has been posted. pursuant and subject to TUPE, the CONTRACTs of G23.8 The SELLER and the BUYER are to bear their own costs employment between the TRANSFERring Employees in relation to rent review negotiations and proceedings. G29 CONTRACTs (Rights of Third Parties) Act 1999 and the SELLER will TRANSFER to the BUYER on No one is intended to have any benefit under the CONTRACT COMPLETION. G24 TENANCY renewals pursuant to the CONTRACTs (Rights of Third Parties) Act 1999. (d) The BUYER is to keep the SELLER indemnified G24.1 This CONDITION G24 applies where the tenant under a against all liability for the TRANSFERring Employees TENANCY has the right to remain in occupation under after COMPLETION. part II of the Landlord and Tenant Act 1954 (as amended) and references to notices and proceedings are to G30 Extra General G21 Environmental notices and proceedings under that Act. G21.1 This CONDITION G21 only applies where the SPECIAL G24.2 Where practicable, without exposing the SELLER to Conditions CONDITIONS so provide. liability or penalty, the SELLER must not without the written consent of the BUYER (which the BUYER must G21.2 The SELLER has made available such reports as the Auctioneer’s administration fee SELLER has as to the environmental condition of the not unreasonably withhold or delay) serve or respond to any notice or begin or continue any proceedings. The BUYER agrees to pay to the SELLER the amount of £750 LOT and has given the BUYER the opportunity to carry including VAT to the auctioneers by way of an administration fee. out investigations (whether or not the BUYER has read G24.3 If the SELLER receives a notice the SELLER must send those reports or carried out any investigation) and the a copy to the BUYER within five BUSINESS DAYS and BUYER admits that the PRICE takes into account the act as the BUYER reasonably directs in relation to it. environmental condition of the LOT G24.4 Following COMPLETION the BUYER must: G21.3 The BUYER agrees to indemnify the SELLER in respect (a) with the co-operation of the SELLER take immediate of all liability for or resulting from the environmental steps to substitute itself as a party to any proceedings; condition of the LOT. www.markjenkinson.co.uk 29 PLEASE COMPLETE AND RETURN THE FORM BELOW TO REGISTER FOR PROXY/TELEPHONE Registration Form for Bidding BIDDING Forms should be sent to Mark Jenkinson by Proxy or Telephone & Son, 8 Norfolk Row, Sheffi eld S1 2PA For the attention of Janet Hough
Please tick either Proxy Telephone Alternatively a scanned copy can be sent to [email protected] The bidding process is dealt with by the PROPERTY AND BID DETAILS administrative team independently of the auctioneer.
Date of Auction: ......
Lot No: ......
Property Address: ......
......
Maximum Bid* ...... (numbers): £
...... (words): £
(*the bid must be a de nitive gure)
PAYMENT DETAILS Method of Payment of deposit (please fi ll in appropriately)
Enclosed is a cheque or bankers draft for the 10% deposit £ ...... + £750 admin fee payable to Mark Jenkinson and Son or
I will be paying the 10% deposit £ ...... + £750 admin fee by bank transfer. No later than 12 noon on the day before the auction to Mark Jenkinson and Son BANK DETAILS – NATWEST: SORT CODE 54 41 47 ACCOUNT NUMBER: 24307181
BIDDER’S DETAILS
Bidder Name(s): ......
Address: ......
...... Postcode: ......
Home Tel: ......
Business Tel: ......
Mobile Tel: ......
Email Address: ...... Please tick the number you would prefer us to call you on. If we cannot contact you on your preferred number we will try you on the other numbers you have provided to us.
SOLICITOR’S DETAILS
Firm’s Name(s): ......
Person Acting: ......
Address: ......
...... Postcode: ......
Tel: ......
I hereby authorise Mark Jenkinson & Son to bid on my behalf by proxy/telephone for the property detailed above in accordance with the Terms on the reverse of this Form. If my bid is successful I authorise Mark Jenkinson & Son to sign the Memorandum of Sale and any Addendum on my behalf. I understand that this means that I will be fully bound to purchase the property and must complete the purchase within the time specifi ed in the Conditions of Sale. I further understand that if I fail to complete the purchase of the property, the seller of the property will have a right to make a claim against me for breach of contract.
Signature of Bidder: ...... Date: ......
For terms for bidding by proxy or telephone please see our website
30www.markjenkinson.co.uk www.markjenkinson.co.uk PLEASE COMPLETE AND RETURN THE FORM BELOW TO REGISTER FOR PROXY/TELEPHONE Registration Form for Bidding BIDDING Terms for Bidding by Proxy or Telephone Forms should be sent to Mark Jenkinson by Proxy or Telephone & Son, 8 Norfolk Row, Sheffi eld S1 2PA These Terms and Conditions apply to You and You will be bound by 2.3 We do not charge any fees for bidding by proxy or telephone on Your For the attention of Janet Hough them if You bid by proxy or telephone. behalf. Therefore, we cannot accept any responsibility or liability to You if You do not follow the recommendations We make in these Please tick either Proxy Telephone Alternatively a scanned copy can be sent to Addendum Any amendment or addition to the General and Special Conditions. [email protected] Conditions of Sale whether contained in a supplement to the catalogue, a The bidding process is dealt with by the written notice from the auctioneers or an oral announcement at the Auction. 3. THE DEPOSIT PROPERTY AND BID DETAILS administrative team independently of the auctioneer. 3.1 Each Form must be accompanied by a deposit payment made payable Auction the auction of the lot number referred to on the front of this Form. to Mark Jenkinson & Son, which represents the greater of either: Date of Auction: ...... 3.1.1 10% of the maximum bid You are prepared to make; or Auction Catalogue the catalogue to which the Conditions of Sale refer to. 3.1.2 £1,500 which represents the minimum deposit we accept despite Lot No: ...... any special condition in the Conditions of Sale to the contrary. Conditions these Terms and Conditions. 3.2 The deposit payment must be paid in pounds sterling by cheque, Property Address: ...... banker’s draft drawn from an approved financial institution such as a Conditions of Sale the common auction conditions for auctions of real recognised bank, building society or bank transfer...... estate in England and Wales, edition 3, August 2009 and published by the 3.3 If You wish to pay the deposit by bank transfer You must do so before Royal Institute of Chartered Surveyors and the special conditions that relate the Cut off Point. Maximum Bid* ...... (numbers): £ to the Lot. 3.4 If You provide Us with a cheque this will be treated as a warranty (promise) by You that You have adequate funds in Your account to ...... (words): £ Cut off Point is at 5 pm on the day before the Auction. meet the full amount of the deposit. 3.5 If the Property is sold for a figure which is less than Your maximum (*the bid must be a de nitive gure) Form the document which comprises these Conditions. bid, and You are the successful purchaser, the deposit payment You have provided to Us will be used in full as Your deposit towards the Lot the lot attaching to the lot number referred to on the front of this Form Property. PAYMENT DETAILS 3.6 The deposit will be held by Us as stakeholder on Your behalf. If Your Memorandum of Sale The form so headed (whether or not set out in the bid is unsuccessful at the Auction, the banker’s draft, cheque or bank Method of Payment of deposit (please fi ll in appropriately) Auction Catalogue) in which the terms of the contract for the sale of the Lot transfer will be returned to You or destroyed (at your instruction) are recorded. within 2 days. Enclosed is a cheque or bankers draft for the 10% deposit £ ...... + £750 admin fee payable to Property the property which is the subject of the Auction and which is 4.0 PROXY BIDS Mark Jenkinson and Son or identified by the Lot number on the front of this form. 4.1 We will bid on Your behalf during the Auction up to the maximum bid you authorise Us to make, as detailed on the Form. I will be paying the 10% deposit £ ...... + £750 admin fee by bank transfer. We, Us, Our Mark Jenkinson & Son. Our office address is: 4.2 You will be informed as soon as is practicable. 8 Norfolk Row, Sheffield, South Yorkshire S1 2PA. No later than 12 noon on the day before the auction to Mark Jenkinson and Son 5. WITHDRAWAL OF PROXY You, Your the person who entrusts Us to act on their behalf in respect of the If You wish to withdraw the bid or to attend the Auction to bid BANK DETAILS – NATWEST: SORT CODE 54 41 47 ACCOUNT NUMBER: 24307181 Auction and whose details are written on the front of this Form. Yourself, then You must notify Us in writing or in person by the Cut off Point. If You do not do this We cannot be liable to You for any 1. THE FORM consequences of Us bidding by proxy on Your behalf. BIDDER’S DETAILS 1.1 This form must be fully completed, signed and dated by You and sent by post or delivered by hand to 8 Norfolk Road, Sheffield, South 6. TELEPHONE BIDS Bidder Name(s): ...... Yorkshire S1 2PA. We will take all reasonable steps to contact You on the telephone 1.2 When You submit this Form to Us this will be an offer by You to numbers You provide to Us shortly before the appropriate Lot is Address: ...... engage Us to bid for the Lot on your behalf in accordance with these offered for sale. We will relay the bidding to You as the sale proceeds. Conditions. We cannot be responsible or have any liability to You if Your Form ...... Postcode: ...... 1.3 The offer will only be accepted by Us when we provide You with does not arrive on time, or We are unable to make contact with You confirmation by telephone or email that we have received and by telephone. Home Tel: ...... accepted this Form. At that point You will have instructed Us and We will have accepted Your instructions to bid for the Lot on Your behalf in 7. THE CONTRACT Business Tel: ...... accordance with these Conditions. If Your proxy/telephone bid is successful Your purchase will become 1.4 The Form must be received by us not less than 24 hours prior to the subject to and bound by the terms in the Memorandum of Sale, Mobile Tel: ...... start of the Auction together with the deposit payment referred to in Auction Catalogue, Conditions of Sale and any Addendum. We will Clause 3. sign these documents where necessary on Your behalf. Email Address: ...... 1.5 A separate form should be completed for each Lot for which You Please tick the number you would prefer us to call you on. If we cannot contact you on your preferred number we will try you on the other numbers you have provided to us. require Us to bid on Your behalf. 8. DISCLOSURE OF BIDS 1.6 We do not charge You a fee for bidding on Your behalf by telephone or We act on behalf of sellers of properties at auctions. We operate by proxy. As such any liability We have to You is limited to the extent so that at no time will the seller of a property be aware of any bids SOLICITOR’S DETAILS We have acted in a negligent or fraudulent manner. or maximum bids We have been authorised to make by proxy or 1.7 We reserve the right to refuse Your instructions to act on Your behalf telephone and the information You supply to Us will at all times be Firm’s Name(s): ...... to bid by telephone or proxy. We may tell You why We have refused treated with complete confidentiality and integrity. If You would like Your instructions but We are not obliged to do this. more information as to how We operate on this basis, then please do Person Acting: ...... not hesitate to ask. 2. BIDDING CONDITIONS Address: ...... 2. 1 In respect of any Lot and the Property which is the subject of that Lot 9. AUCTIONEER’S LIABILITY We will assume that You have (and it is strongly recommended that 9.1 We will do Our utmost to conform with Your instructions but will ...... Postcode: ...... You have): accept no liability whatsoever towards You in the event that Your bid is 2.1.1 fully inspected the Property and You are satisfied with and understand not made as a result of: Tel: ...... the Memorandum of Sale, Auction Catalogue, Conditions of Sale and 9.1.1 unclear instructions; any Addendum made up to and including the date of the Auction; 9.1.2 error, lack of clarity or confusion regarding this form or the deposit; I hereby authorise Mark Jenkinson & Son to bid on my behalf by proxy/telephone for the property detailed above in accordance with the Terms on the 2.1.2 taken all necessary professional and legal advice; 9.1.3 any change in the data, time and/or venue for the Auction; reverse of this Form. If my bid is successful I authorise Mark Jenkinson & Son to sign the Memorandum of Sale and any Addendum on my behalf. I 2.1.3 made all appropriate enquiries, searches, surveys and inspections; 9.1.4 interruption or suspension of telephone services; understand that this means that I will be fully bound to purchase the property and must complete the purchase within the time specifi ed in the Conditions 2.1.4 made yourself aware of any late changes in respect of the Auction, 9.1.5 You being unobtainable by telephone or becoming disconnected of Sale. I further understand that if I fail to complete the purchase of the property, the seller of the property will have a right to make a claim against me for the Property and any information made available by the auctioneer in during the course of bidding; and/or breach of contract. respect of the Property. 9.1.6 Any other factor beyond Our control. 2.2. You are responsible for checking any relevant alterations to the 9.2 In any such case We shall not be held responsible or liable for any Signature of Bidder: ...... Date: ...... Auction Catalogue, Memorandum of Sale, Conditions of Sale and any loss, cost, claim, demand or damage that You may incur as a result. Addendum, on or before the date of the Auction. For terms for bidding by proxy or telephone please see our website MAY 2010 EDITION www.markjenkinson.co.uk www.markjenkinson.co.uk 31 Chartered Surveyors, Valuers and Auctioneers
Charles Duncan • Janet Hough • Mohammed Mahroof • Philip Dorman • Simon Wortley John Dawes • Nick Wilson • Adrian Little • Ed Pawley • Jake Bond SURVEYS & LAND & COMMERCIAL VALUATIONS DEVELOPMENT Disposal and acquisitions of all types of Reports, surveys, valuations and appraisals Site appraisals and assembly, planning of ce, industrial, retail and investment for all types of residential and commercial guidance, design/layout, specialist reports, properties. properties. sales by private treaty, tender and auction.
[email protected] [email protected] [email protected]
PUBLIC SECTOR + HEALTHCARE AUCTIONS £ SERVICES Covering the Midlands and North of England. Leading regional auctioneers with regular Property consultancy, asset management/ Valuation of GP surgery, pharmacy and dental sales on behalf of all types of private and estates strategies, urban regeneration and premises for PP & SI. institutional clients. community buildings strategies.
[email protected] [email protected] [email protected]
SHEFFIELD 0114 276 0151 CHESTERFIELD 01246 267 565 8 Norfolk Row, Sheffield S1 2PA Dunston Innovation Centre, Chesterfield S41 8NG www.markjenkinson.co.uk