SHOBROOK & CO LTD Incorporating Fieldens PROPERTY AUCTION

Thursday 21st July 2016 Commencing 2.00pm at the New Continental Hotel, Millbay Road,

Auctioneers SHOBROOK & CO LTD Incorporating Fieldens

Auctioneers, Surveyors, Valuers & Estate Agents 20 Western Approach, Plymouth. PL1 1TG

Telephone: (01752) 663341 Fax: (01752) 255157

Email: [email protected] Website: www.shobrook.co.uk

ORDER OF SALE

Property Auction Thursday 21st July 2016 at the New Continental Hotel, Millbay Road, Plymouth Commencing 2.00pm

Lot 1 97, Coombe Park Lane, Honicknowle, Plymouth, , PL5 2LU

Lot 2 1b, Leigham Street, The Hoe, Plymouth, Devon, PL1 3BE

Lot 3 169, Embankment Road, Prince Rock, Plymouth, Devon, PL4 9JF

Lot 4 40, Mirador Place, Mount Gould, Plymouth, Devon, PL4 9HE

Lot 5 3, Alleyn Gardens, Hartley Vale, Plymouth, Devon, PL3 5RS

Lot 6 12, Ryder Road, Stoke, Plymouth, Devon, PL2 1JA

Lot 7 1a Garfield Terrace, Stoke, Plymouth, Devon, PL1 5NU

Lot 8 14, Courtland Crescent, Plympton, Plymouth, Devon, PL7 4HJ

Lot 9 7, Widey Lane, , Plymouth, Devon, PL6 5JR

Lot 10 5, Ford Park Road, Mutley, Plymouth, Devon, PL4 6QY

Lot 11 Meadow Lodge, Higher Muddiford, Barnstaple, Devon, EX31 4EZ

Lot 12 99, Mutley Plain, Plymouth, Devon, PL4 6JJ

All plans and maps are for location identification purposes only and they do not form part of any contract. They do not necessarily indicate the precise boundaries of each site and they are not to scale. Any drawings are for illustrative purposes only. Lot No.: 1 97, COOMBE PARK LANE, HONICKNOWLE, PLYMOUTH, DEVON, PL5 2LU

Freehold with vacant possession

A two storey semi detached house in need of renovation

Enjoying the benefit of a site of good proportions in an established residential area

Conveniently placed for local out of town shopping facilities and within easy reach of the City Centre about 4 miles or so distant

Well suited for refurbishment as a family dwelling for owner occupation or for letting purposes

Property Details Accommodation

Location Ground Floor Coombe Park Lane links Honicknowle to West Park Entrance Hall, Sitting Room, Dining Room and Kitchen. conveniently placed for local shops in Honicknowle Green Rear Entrance Lobby with store and separate W.C. and the district shopping centre along Crownhill Road. It is also well placed for access to the A38 Parkway linking First Floor Devon and Cornwall. Landing, No.1 Bedroom (double), No. 2 Bedroom (double), No.3 Bedroom (single) and Bathroom with Description bath, wash hand basin and W.C. A three bedroomed house of steel framed construction probably built during the 1950s but now in need of Outside modernisation. It occupies a relatively level site of good Generous gardens to the front and to the rear proportions and readily lends itself for refurbishment for family owner occupation or for letting as a “buy-to-let” Outbuildings investment. Greenhouse, fuel store

EPC Rating: E49 Tenure Freehold with vacant possession

Guide Price £60,000 - £70,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Gard & Co.,4 Bretonside , Plymouth, PL4 OBY Tel: 01752 668246 DX 8253 Plymouth 2 Ref:Anthony Longville Lot No.: 2 1B, LEIGHAM STREET, THE HOE, PLYMOUTH, DEVON, PL1 3BE

Long Leasehold with vacant possession

A self contained two double bedroomed flat in a prime central location within walking distance of the City Centre and Plymouth Hoe

A spacious first floor apartment in an imposing Grade II Listed Victorian building occupying a prominent corner site

Enjoying the benefit of principal rooms of generous proportions with attractive features and benefiting from a gas fired central heating system

Well suited for letting purposes and capable of generating a good rental income when let

Property Details

Location The building in which this apartment is situated occupies a prominent site at the junction of Leigham Street and Citadel Road.

Description A self contained first floor apartment of considerable character formed by the conversion of a very substantial Grade II Listed Victorian building into apartments and well situated in a favoured central district ‘twixt The Hoe and the City Centre. This spacious flat would be well suited for owner occupation or for letting purposes.

EPC Rating: E53 Acccommodation Ground Floor Communal Vestibule Entrance Hall and staircase serving the upper floors of the building

First Floor 1B is a self contained First Floor Apartment comprising:

Entrance Hall, No.1 Bedroom (double), No.2 Bedroom (double), Sitting Room, Lower Landing, Kitchen/ Breakfast Room, Laundry/Utility Room and Shower Room with shower, wash hand basin and W.C. Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Tenure Prospective purchasers should satisfy themselves as to the Long leasehold with vacant possession actual layout by personal inspection. Commencing: 25th March 1977 Length of term: 99 years

Guide Price £85,000 - £95,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Merrick Solicitors, Cross Street, Wadebridge, Cornwall, PL27 7DT Tel: 01208 812068 DX: 81701 Wadebridge Reference: Richard Merrick Lot No.: 3 169, EMBANKMENT ROAD, PRINCE ROCK, PLYMOUTH, DEVON, PL4 9JF

Freehold with vacant possession

A three bedroomed mid terrace house in need of renovation

Situated in a popular and well established residential district within easy reach of the City Centre

Well suited for refurbishment to provide a family dwelling for owner occupation or for letting purposes

Property Details Location Situated opposite Prince Rock School and in close proximity to local shops and other amenities in the Embankment Road district shopping centre and readily accessible for the City Centre approximately one mile distant. Description A bay fronted house with accommodation on two floors in need of repair and modernisation but well suited for refurbishment to provide a three bedroomed family dwelling for owner occupation or for letting purposes as a “buy to let” investment EPC Rating: G1 Accommodation Ground Floor Vestibule Entrance, Entrance Hall, Sitting Room, Dining Room, Breakfast Room and Kitchen with bath. First Floor Landing, No.1 Bedroom (double), No.2 Bedroom (double), Half Landing, No.3 Bedroom and Bathroom with bath, wash hand basin and W.C. Outside Gravelled forecourt and small enclosed rear garden Outbuildings W.C. Tenure Freehold with vacant possession

Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Prospective purchasers should satisfy themselves as to the actual layout by personal inspection.

Guide Price £90,000 - £100,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Curtis Whiteford Crocker, 87&89 Mutley Plain, Plymouth PL4 6JJ Tel: 01752 204444 FAX: 01752 600582 DX: 120025 Plymouth 12 Reference: Chloe Hamblin Lot No.: 4 40, MIRADOR PLACE, MOUNT GOULD, PLYMOUTH, DEVON, PL4 9HE

Freehold with vacant possession A three bedroomed end terrace house in need of modernisation Enjoying the benefit of a cul-de-sac position and a garden of generous proportions. Situated in a well established residential area within 2 miles of Plymouth City Centre Well suited for refurbishment for owner occupation or for letting purposes

Property Details

Location Mirador Place is a cul-de-sac located off Heathfield Road which is accessed via Beaumont Road or Lanhydrock Road in close proximity to the Embankment with views over the River Plym to Saltram Park. Plymouth City Centre is readily accessible a little over 1 mile distant. Description This property is situated in a popular residential area and enjoys the benefit of a south facing aspect at the rear together with a good sized garden. Refurbishment is now required but the property could readily be improved to provide a three bedroomed house well suited for owner occupation or for letting purposes.

EPC Rating: C73 Accommodation

Ground Floor Entrance Porch, Entrance Hall, Sitting Room, Kitchen/ Breakfast Room and Bathroom with bath, wash hand basin and W.C. First Floor Landing, No.1 Bedroom (double), No.2 Bedroom (double) and No.3 Bedroom (single). Outside Front garden and large rear garden. Tenure Freehold with vacant possession

Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Prospective purchasers should satisfy themselves as to the actual layout by personal inspection.

Guide Price £120,000 - £130,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Foot Anstey LLP, Salt Quay House, 4 North East Quay, Sutton Harbour, Plymouth, PL4 0BN Tel: 01752 675000 Fax: 01752 675500 DX: 118102 Plymouth2 Reference: Neil Major Lot No.: 5 3, ALLEYN GARDENS HARTLEY VALE, PLYMOUTH, DEVON, PL3 5RS

Freehold with vacant possession

A three bedroomed semi-detached house in need of renovation

Situated in a favoured residential district in close proximity to the A.38 Parkway linking Devon and Cornwall

Well suited for refurbishment as a family dwelling for owner occupation or for letting purposes

Property Details Accommodation

Location Ground Floor Alleyn Gardens is located off Kneele Gardens in the Entrance Hall, Sitting Room, Dining Room and Kitchen popular residential district of Hartley Vale and within easy reach of Plymouth City Centre about 3 miles distant. First Floor Landing, No.1 Bedroom (double), No. 2 Bedroom Description (double), No.3 Bedroom (single), Bathroom and separate Probably built during the inter War period this substantial W.C. semi-detached house enjoys the benefit of a cul-de- sac location in an established residential area with Outside garden, single garage and double glazing. It is now in Gardens to the front and to the rear. need of repair and modernisation but is well suited for refurbishment to provide a 3 bedroomed family dwelling Outbuildings for owner occupation or for letting as a “buy-to-let” Single Garage accessed from the side driveway. investment. Tenure EPC Rating: E52 Freehold with vacant possession

Guide Price £145,000 - £155,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD GA Solicitors, Gill Akaster House, 25 Lockyer Street, Plymouth, PL1 2QW Tel: 01752 203500 Fax: 01752 203503 DX. 8284 Reference: Alison Baker Lot No.: 6 12, RYDER ROAD, STOKE, PLYMOUTH, DEVON, PL2 1JA

Freehold with vacant possession

A substantial three bedroomed mid terrace house in need of refurbishment

Situated in a popular and well established residential district

Previously let as a house in multi occupational use but also well suited for renovation as a family dwelling.

Enjoying the benefit of two bathrooms, central heating, double glazing and a single garage although in need of upgrading.

Property Details

Location Ryder Road is situated between St Levan Road and Pasley Street within easy reach of Devonport Dockyard and Naval Base and only a couple of miles from Plymouth City Centre. Description A two storey mid terrace house well suited for refurbishment as a family dwelling or for letting purposes as a ”buy to let” proposition being situated in a popular letting district. EPC Rating: E48 Accommodation

Ground Floor Vestibule Entrance, Entrance Hall, Sitting Room, Dining Room, Breakfast Room, Kitchen, rear Lobby and Bathroom with bath, wash hand basin and W.C. First Floor Landing, No.1 Bedroom (double), No.2 Bedroom (double) Half Landing, No.3 Bedroom (double), Bathroom with bath and wash hand basin, and separate W.C. Outside Forecourt and enclosed rear courtyard. Outbuildings Obsolete W.C. and dilapidated single Garage Tenure Freehold with vacant possession

Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Prospective purchasers should satisfy themselves as to the actual layout by personal inspection.

Guide Price £110,000 - £115,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD GA Solicitors, Gill Akaster House, 25 Lockyer Street, Plymouth PL1 2QW Tel: 01752 203500 Fax: 01752 203503 DX: 8284 Plymouth 2 Reference: Tracey Flack Lot No.: 7 1A GARFIELD TERRACE STOKE, PLYMOUTH, DEVON, PL1 5NU

Freehold with vacant possession

A post Second War built three bedroomed town house with accommodation on three floors but in need of renovation.

Well situated in a popular and well established residential location.

Enjoying the benefit of gas fired central heating, double glazing, a pleasant garden and a single garage.

Well suited for refurbishment as a family dwelling for owner occupation or for letting purposes.

Property Details

Location Garfield Terrace is accessed from Devonport Road or from Valletort Road and it is situated in the heart of the favoured Stoke district within easy walking distance of local shops and other facilities in the Stoke Village and Albert Road district centres and within easy reach of Plymouth City Centre less than two miles distant. Description A three storey town house built during the post Second War period but now in need of repair and modernisation. This property readily lends itself for refurbishment as a family dwelling with pleasant rear garden and single garage well suited for owner occupation or for letting purposes as a “buy to let” investment.

EPC Rating: C76 Accommodation

Ground Floor Entrance Hall, Utility Room/Laundry, Sitting Room and Sun Lounge/Conservatory. First Floor Landing, Kitchen/Breakfast Room, No.3 Bedroom (single) and Shower Room with shower, wash hand basin and W.C. low level suite. Second Floor Landing, No.1 Bedroom (double), No.2 Bedroom ((double) and Bathroom with bath, wash hand basin and W.C. low level suite. Outside Small front garden and enclosed rear garden with ornamental pond. Outbuildings Single Garage accessed from rear service lane. Tenure Freehold with vacant possession Guide Price £160,000 - £170,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD G.A. Solicitors, Gill Akaster House, 25 Lockyer Street, Plymouth, PLl 2QW Tel: 01752 203500 Fax: 01752 203503 DX: 8284 Plymouth2 Reference: Kerry Radmore Lot No.: 8 14, COURTLAND CRESCENT PLYMPTON, PLYMOUTH, DEVON, PL7 4HJ

Freehold with vacant possession

A three bedroomed semi-detached house in need of renovation

Occupying a relatively level site in a favoured residential area

Well suited for refurbishment as a family dwelling for owner occupation or for letting purposes

Enjoying the benefit of a single garage and a pleasant garden

Property Details Accommodation

Location Ground Floor This property is located on the southern side of Entrance Hall, Cloakroom with W.C., Sitting Room, Dining Courtland Crescent which is accessed from Plymbridge Room and Kitchen Road or Crossway. Local shops in the district shopping centre around the Ridgeway are readily accessible with First Floor Plymouth City Centre some 5 or 6 miles distant. Landing, No.1 Bedroom (double), No.2 Bedroom (double), No.3 Bedroom (single), Bathroom with bath, Description wash hand basin and shower cubicle and separate W.C. Believed to have been built by the renowned local building Outside contractor Stanbury during the 1950’s or thereabouts, this semi detached house is situated in a popular and Small front garden and enclosed rear garden well established residential district. Although in need of repair and modernisation it is well suited for Outbuildings refurbishment as a family dwelling for owner occupation Single Garage or for letting purposes Tenure EPC Rating: D55 Freehold with vacant possession

Guide Price £135,000 - £145,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Curtis Whiteford Crocker, 8 Plymouth Road, Tavistock PL19 8AY Tel: 01822 617666 Fax: 01822 616886 Reference: Peter Bosworth Lot No.: 9 7, WIDEY LANE, CROWNHILL, PLYMOUTH, DEVON, PL6 5JR

Freehold with vacant possession

A detached bungalow in need of extensive renovation but enjoying the benefit of a site of generous proportions in a favoured residential location

Potential for demolition and rebuilding or further development of the site subject to the necessary planning consent being obtained

Property Details

Location This property occupies a relatively level corner site at Floor Plans for illustrative purposes only and not the junction of Widey Lane with Bowden Park Road with necessarily correct in every detail. NOT TO SCALE a return frontage to the latter of approximately 140 feet Prospective purchasers should satisfy themselves as to or thereabouts. the actual layout by personal inspection.

Description A two bedroomed detached bungalow probably built Acccommodation during the inter-War period but now in a dilapidated condition and in need of a comprehensive scheme of Conservatory Entrance Porch, Entrance Hall, Sitting repair and modernisation or alternatively demolition Room, Breakfast Room, Kitchen, Rear Entrance Porch,/ and replacement with a newly built dwelling or dwellings Utility Room, No.1 Bedroom (double), No.2 Bedroom subject to any necessary planning permission being (double) and Shower Room with W.C. obtained. Outside EPC Rating: G1 Gardens principally on two sides.

Tenure CAUTION: Due to the current deteriorated state of the Freehold with vacant possession but sold as seen with building prospective purchasers should exercise extreme all remaining contents and any rubbish remaining in the caution whilst inspecting the interior and do so at their property or on site. own risk. Guide Price £100,000 - £125,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Legal Services: Plymouth City Council, Ballard House, West Hoe, Plymouth, PL1 3BJ Tel: 0l752 306055 - EXT:6078 Fax: 01752 306083 Reference: Sue Wallis Lot No.: 10 5, FORD PARK ROAD, MUTLEY, PLYMOUTH, DEVON, PL4 6QY

Freehold Residential Investment

A substantial property arranged as 4 self contained flats

Situated in a prime letting district just off Mutley Plain and within easy reach of Plymouth City Centre only about 1 mile distant

At present fully let and producing a gross rental income equating to approximately £19,900 per annum with scope for future rental growth

Property Details

Location EPC: Ford Park Road is situated on the western side of Mutley Plain which is a busy district shopping centre popular Lower Ground Floor Flat 1: D67 with Plymouth University students and well placed for the City Centre. Ground Floor Flat 2: D64

Tenure First Floor Flat 3: D33 Freehold subject to existing tenancies at date of completion. Second Floor Flat 4: D59

Guide Price £200,000 - £225,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Kings Solicitors, 24, Fore Street, Ivybridge, PL21 9AB Tel: 01752 895252 Fax: 01752 690770 Reference: Richard King Lot No.: 10 5, FORD PARK ROAD, CONTINUED

Description Accommodation A spacious property with accommodation on four floors Lower Ground Floor: arranged as 4 self contained flats. The property is offered A self contained lower ground floor flat comprising: subject to the existing Assured Shorthold tenancies which at Vestibule Entrance, Entrance Hall, No.1 Bedroom, No.2 the time of going to print are as follows: Bedroom, Sitting Room, Kitchen, Bathroom and separate W.C. Flat 1 (Lower Ground Floor) – Let at a rent of £140 per week Ground Floor: Flat 2 (Ground Floor) - Let at a rent of £110 per week Communal Vestibule Entrance and Entrance Hall. Flat 3 (First Floor) - Let at a rent of £61.10 per week A self contained ground floor flat comprising: Flat 4 (Second Floor) - Let at a rent of £71.71 per week Sitting Room, No.1 Bedroom, Inner Hall, No.2 Bedroom, Kitchen and Bathroom with W.C. Rental payments are inclusive of water and sewerage charges First Floor: paid by the landlord and in the case of the ground floor flat A self contained first floor flat comprising: inclusive of gas charges. Sitting Room, Kitchen, Inner Lobby, Bedroom and Bathroom with W.C. In the longer term there is undoubted potential to upgrade and refurbish the accommodation in places with a view to Second Floor: achieving enhanced rental return. A self contained second floor flat comprising: Sitting Room, Kitchen, Bedroom and Shower Room with W.C. This property enjoys the benefit of a hard wired fire safety Outside system and an enclosed rear garden. Small front garden and larger enclosed rear garden.

Guide Price £200,000 - £225,000

Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE No inspection made of Top Floor flat and floor plan and EPC based on estimated layout. Prospective purchasers should satisfy themselves as to the actual layout by personal inspection. Lot No.: 11 MEADOW LODGE, HIGHER MUDDIFORD BARNSTAPLE, DEVON, EX31 4EZ

Property Details

Location This property is located within the hamlet of Higher Muddiford and is situated just to the west of the B.3230 to the north of Barnstaple. For detailed directions to the property and for viewing arrangements please refer to the Auctioneers.

Description It is believed that this dwelling house has been formed from two farm estate worker’s cottages currently intercommunicating only at ground floor level. Whilst now in need of repair and modernisation this property readily lends itself for refurbishment to become a most desirable family residence in a much favoured residential location enjoying the benefit of south facing aspect over the countryside together with gardens and woodland extending in area to about 2 acres or so.

EPC Rating: F28 Accommodation

West Wing Ground Floor: No.1 Reception Room, Inner Hall, Cloakroom with W.C., No.2 Reception Room, Kitchen and rear Porch. First Floor: Landing, No.1 Bedroom (double), No.2 Bedroom (double), Bathroom with bath, wash hand basin and W.C. East Wing Ground Floor: Entrance Hall, Shower Room with shower, wash hand Freehold with vacant possession basin and W.C., No.1 Reception Room, No.2 Reception Room, Kitchen and Rear Conservatory Porch. A substantial detached dwelling house of character First Floor: in need of renovation but enjoying the benefit of Landing, No.1 Bedroom (double), No.2 Bedroom (double) gardens of generous proportions and additional and Bathroom with bath, wash hand basin and W.C. woodland extending in area to approximately 2 acres Outside: Gardens principally to the front and to the rear and area Located in a delightful rural location of low density of mature woodland beyond the latter. development yet within easy reach of Barnstaple, the North Devon coastline, Exmoor National Park Outbuildings and the North Devon Link Road. Car Port and Stores Tenure Originally two adjoining cottages but now providing Freehold with vacant possession but sold as seen with all flexible accommodation with undoubted potential remaining contents. for refurbishment and upgrading to become a most desirable family residence or could readily revert to two separate dwellings.

Guide Price £275,000 - £325,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Wolferstans, Deptford Chambers, 60/66 North Hill, Plymouth, PL4 8EP Tel: 01752 663295; FAX: 01752 672021 DX: 8206 Plymouth 1 Reference: John Chapman Lot No.: 11 MEADOW LODGE, HIGHER MUDDIFORD CONTINUED

Guide Price £275,000 - £325,000

For illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Prospective purchasers should satisfy themselves as to the actual layout by personal inspection. This plan is provided for location identification purposes only. It does not necessarily indicate the precise boundaries of the site. Please refer to legal pack for plan attached to contract Lot No.: 12 99, MUTLEY PLAIN, PLYMOUTH, DEVON, PL4 6JJ

Freehold with vacant possession Property Details

Location A substantial commercial building with This property is situated in the busy commercial and accommodation of generous proportions over retail shopping centre around Mutley Plain and occupies a very prominent corner site at the junction of Mutley five floors including retail showrooms, offices, Plain and Connaught Avenue. store rooms and underbuilt garage/workshop Description premises. A substantial freehold property with flexible accommodation well suited for a variety of commercial uses subject to any necessary planning permission being Until recently and for many years the Plymouth obtained for change of use. base for Damerell’s Motorcycles this spacious There is a spacious underbuilt garage area capable of property occupies a prominent corner site with accommodating several vehicles which is readily accessed from the rear of the site off Mutley Plain Lane East. return frontage to Connaught Avenue. There is an advertising hoarding affixed to the side of the building for which the current licence fee paid to the Enjoying the benefit of a prime location along the freeholder is £156 per quarter. busy and well established Mutley Plain district EPC Rating: C57 shopping centre. Business Rates Well suited for owner occupation or as an Current Rateable Value: £27,000 attractive investment opportunity capable of Rates payable 2016/2017 £13,419 generating a high rental income if fully let.

Guide Price £250,000 - £300,000

Sole Agents Vendors Solicitors SHOBROOK & CO LTD Wolferstans, Deptford Chambers, 60/66 North Hill, Plymouth, PL4 8EP Tel: 01752 663295 FAX: 01752 672021 DX: 8206 Plymouth 1 Reference: Victoria Hillman Lot No.: 12 99, MUTLEY PLAIN, CONTINUED

Guide Price £250,000 - £300,000

Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Prospective purchasers should satisfy themselves as to the actual layout by personal inspection. Floor Plans

97, Coombe Park Lane - Lot 1 3, Alleyn Gardens - Lot 5

1A, Garfield Terrace - Lot 7 14, Courtland Crescent - Lot 8

Floor Plans for illustrative purposes only and not necessarily correct in every detail. NOT TO SCALE Prospective purchasers should satisfy themselves as to the actual layout by personal inspection. GENERAL CONDITIONS OF SALE

We have used the RICS Common Auction Conditions (3rd Edition) and acknowledge that they are reproduced with the consent of the Royal Institution of Chartered Surveyors.

INTRODUCTION Completion The Common Auction Conditions have been produced for real estate auctions in Unless otherwise agreed between seller and buyer (or their conveyancers) the and Wales to set a common standard across the industry. They are in three occasion when both seller and buyer have complied with their obligations under sections: the contract and the balance of the price is unconditionally received in the seller’s conveyancer’s client account. Glossary Condition The glossary gives special meanings to certain words used in both sets of conditions. One of the auction conduct conditions or sales conditions

Auction Conduct Conditions Contract The Auction Conduct Conditions govern the relationship between the auctioneer and The contract by which the seller agrees to sell and the buyer agrees to buy the lot. anyone who has a catalogue, or who attends or bids at the auction. They cannot be changed without the auctioneer’s agreement. Contract date The date of the auction or, if the lot is not sold at the auction: We recommend that these conditions are set out in a two-part notice to bidders in the auction catalogue, part one containing advisory material – which auctioneers can (a) the date of the sale memorandum signed by both the seller and buyer; or tailor to their needs – and part two the auction conduct conditions. (b) if contracts are exchanged, the date of exchange. If exchange is not effected in person or by an irrevocable agreement to exchange made by telephone, fax or Sale Conditions electronic mail the date of exchange is the date on which both parts have been signed The Sale Conditions govern the agreement between each seller and buyer. They and posted or otherwise placed beyond normal retrieval. include general conditions of sale and template forms of special conditions of sale, tenancy and arrears schedules and a sale memorandum. Documents Documents of title (including, if title is registered, the entries on the register and the Important notice title plan) and other documents listed or referred to in the special conditions relating A prudent buyer will, before bidding for a lot at an auction: to the lot.

• Take professional advice from a conveyancer and, in appropriate cases, a chartered Financial charge surveyor and an accountant; A charge to secure a loan or other financial indebtness (not including a rentcharge). • Read the conditions; • Inspect the lot; General conditions • Carry out usual searches and make usual enquiries; That part of the sale conditions so headed, including any extra general conditions. • Check the content of all available leases and other documents relating to the lot; • Check that what is said about the lot in the catalogue is accurate; Interest rate • Have finance available for the deposit and purchase price; If not specified in the special conditions, 4% above the base rate from time to time of • Check whether VAT registration and election is advisable; Barclays Bank plc. (The interest rate will also apply to judgment debts, if applicable.)

The conditions assume that the buyer has acted like a prudent buyer. Lot If you choose to buy a lot without taking these normal precautions you do Each separate property described in the catalogue or (as the case may be) the so at your own risk property that the seller has agreed to sell and the buyer to buy (including chattels, if any). GLOSSARY This glossary applies to the auction conduct conditions and the sale conditions. Old arrears Arrears due under any of the tenancies that are not “new tenancies” as defined by the Wherever it makes sense: Landlord and Tenant (Covenants) Act 1995. • singular words can be read as plurals, and plurals as singular words; • a “person” includes a corporate body; Particulars • words of one gender include the other genders; The section of the catalogue that contains descriptions of each lot (as varied by any • references to legislation are to that legislation as it may have been modified or re- addendum). enacted by the date of the auction or the contract date (as applicable); and • where the following words printed in bold black type appear in bold blue type they Practitioner have the specified meanings. An insolvency practitioner for the purposes of the Insolvency Act 1986 (or, in relation to jurisdictions outside the , any similar official). Actual completion date The date when completion takes place or is treated as taking place for the purposes Price of apportionment and calculating interest. The price that the buyer agrees to pay for the lot.

Addendum Ready to complete An amendment or addition to the conditions or to the particulars or to both whether Ready, willing and able to complete: if completion would enable the seller to discharge contained in a supplement to the catalogue, a written notice from the auctioneers or all financial charges secured on the lot that have to be discharged by completion, an oral announcement at the auction. then those outstanding financial charges do not prevent the seller from being ready to complete. Agreed completion date Subject to condition G9.3: Sale conditions (a) the date specified in the special conditions; or The general conditions as varied by any special conditions or addendum. (b) if no date is specified, 20 business days after the contract date; Sale memorandum but if that date is not a business day the first subsequent business day. The form so headed (whether or not set out in the catalogue) in which the terms of the contract for the sale of the lot are recorded. Approved financial institution Any bank or building society that has signed up to the Banking Code or Business Seller Banking Code or is otherwise acceptable to the auctioneers. The person selling the lot. If two or more are jointly the seller their obligations can be enforced against them jointly or against each of them separately. Arrears Arrears of rent and other sums due under the tenancies and still outstanding on the Special conditions actual completion date. Those of the sale conditions so headed that relate to the lot.

Arrears schedule Tenancies The arrears schedule (if any) forming part of the special conditions. Tenancies, leases, licences to occupy and agreements for lease and any documents varying or supplemental to them. Auction The auction advertised in the catalogue. Tenancy schedule The tenancy schedule (if any) forming part of the special conditions. Auction conduct conditions The conditions so headed, including any extra auction conduct conditions. Transfer Transfer includes a conveyance or assignment (and “to transfer” includes “to convey” Auctioneers or “to assign”). The auctioneers at the auction. TUPE Business day The Transfer of Undertakings (Protection of Employment) Regulations 2006. Any day except (a) a Saturday or a Sunday; (b) a bank holiday in England and Wales; or (c) Good Friday or Christmas Day. VAT Value Added Tax or other tax of a similar nature. Buyer The person who agrees to buy the lot or, if applicable, that person’s personal VAT option representatives: if two or more are jointly the buyer their obligations can be enforced An option to tax. against them jointly or against each of them separately. We (and us and our) Catalogue The auctioneers. The catalogue to which the conditions refer including any supplement to it. You (and your) Someone who has a copy of the catalogue or who attends or bids at the auction, whether or not a buyer. AUCTION CONDUCT CONDITIONS or under the provisions of any statute; (c) notices, orders, demands, proposals and requirements of any competent A1 Introduction authority; A1.1 Words in bold blue type have special meanings, which are defined in the (d) charges, notices, orders, restrictions, agreements and other matters Glossary. relating to town and country planning, highways or public health; A1.2 The catalogue is issued only on the basis that you accept these auction (e) rights, easements, quasi-easements, and wayleaves; conduct conditions. They govern our relationship with you and cannot be (f) outgoings and other liabilities; disapplied or varied by the sale conditions (even by a condition purporting to (g) any interest which overrides, within the meaning of the Land Registration replace the whole of the Common Auction Conditions). They can be varied Act 2002; only if we agree. (h) matters that ought to be disclosed by the searches and enquiries a A2 Our role prudent buyer would make, whether or not the buyer has made them; and A2.1 As agents for each seller we have authority to: (i) anything the seller does not and could not reasonably know about. (a) prepare the catalogue from information supplied by or on behalf of each G1.5 Where anything subject to which the lot is sold would expose the seller to seller; liability the buyer is to comply with it and indemnify the seller against that (b) offer each lot for sale; liability. (c) sell each lot; G1.6 The seller must notify the buyer of any notices, orders, demands, proposals (d) receive and hold deposits; and requirements of any competent authority of which it learns after the (e) sign each sale memorandum; and contract date but the buyer must comply with them and keep the seller (f) treat a contract as repudiated if the buyer fails to sign a sale memorandum indemnified. or pay a deposit as required by these auction conduct conditions. G1.7 The lot does not include any tenant’s or trade fixtures or fittings. A2.2 Our decision on the conduct of the auction is final. G1.8 Where chattels are included in the lot the buyer takes them as they are at A2.3 We may cancel the auction, or alter the order in which lots are offered for completion and the seller is not liable if they are not fit for use. sale. We may also combine or divide lots. A lot may be sold or withdrawn G1.9 The buyer buys with full knowledge of: from sale prior to the auction. (a) the documents, whether or not the buyer has read them; and A2.4 You acknowledge that to the extent permitted by law we owe you no duty of (b) the physical condition of the lot and what could reasonably be discovered care and you have no claim against us for any loss. on inspection of it, whether or not the buyer has inspected it. A3 Bidding and reserve prices G1.10 The buyer is not to rely on the information contained in the particulars but A3.1 All bids are to be made in pounds sterling exclusive of any applicable VAT. may rely on the seller’s conveyancer’s written replies to preliminary enquiries A3.2 We may refuse to accept a bid. We do not have to explain why. to the extent stated in those replies. A3.3 If there is a dispute over bidding we are entitled to resolve it, and our decision G2. Deposit is final. G2.1 The amount of the deposit is the greater of: A3.4 Unless stated otherwise each lot is subject to a reserve price (which may be (a) any minimum deposit stated in the auction conduct conditions (or the fixed just before the lot is offered for sale). If no bid equals or exceeds that total price, if this is less than that minimum); and reserve price the lot will be withdrawn from the auction. (b) 10% of the price (exclusive of any VAT on the price). A3.5 Where there is a reserve price the seller may bid (or ask us or another agent G2.2 The deposit to bid on the seller’s behalf) up to the reserve price but may not make a bid (a) must be paid in pounds sterling by cheque or banker’s draft drawn on an equal to or exceeding the reserve price. You accept that it is possible that all approved financial institution (or by any other means of payment that the bids up to the reserve price are bids made by or on behalf of the seller. auctioneers may accept); and A3.6 Where a guide price (or range of prices) is given that guide is the minimum (b) is to be held as stakeholder unless the auction conduct conditions provide price at which, or range of prices within which, the seller might be prepared that it is to be held as agent for the seller. to sell at the date of the guide price. But guide prices may change. The last G2.3 Where the auctioneers hold the deposit as stakeholder they are authorised published guide price will normally be at or above any reserve price, but to release it (and interest on it if applicable) to the seller on completion or, not always – as the seller may fix the final reserve price just before bidding if completion does not take place, to the person entitled to it under the sale commences. conditions. A4 The particulars and other information G2.4 If a cheque for all or part of the deposit is not cleared on first presentation A4.1 We have taken reasonable care to prepare particulars that correctly describe the seller may treat the contract as at an end and bring a claim against the each lot. The particulars are based on information supplied by or on behalf of buyer for breach of contract. the seller. You need to check that the information in the particulars is correct. G2.5 Interest earned on the deposit belongs to the seller unless the sale conditions A4.2 If the special conditions do not contain a description of the lot, or simply refer provide otherwise. to the relevant lot number, you take the risk that the description contained G3. Between contract and completion in the particulars is incomplete or inaccurate, as the particulars have not G3.1 Unless the special conditions state otherwise, the seller is to insure the lot been prepared by a conveyancer and are not intended to form part of a legal from and including the contract date to completion and: contract. (a) produce to the buyer on request all relevant insurance details; A4.3 The particulars and the sale conditions may change prior to the auction and (b) pay the premiums when due; it is your responsibility to check that you have the correct versions. (c) if the buyer so requests, and pays any additional premium, use reasonable A4.4 If we provide information, or a copy of a document, provided by others we endeavours to increase the sum insured or make other changes to the policy; do so only on the basis that we are not responsible for the accuracy of that (d) at the request of the buyer use reasonable endeavours to have the buyer’s information or document. interest noted on the policy if it does not cover a contracting purchaser; A5 The contract (e) unless otherwise agreed, cancel the insurance at completion, apply for A5.1 A successful bid is one we accept as such (normally on the fall of the a refund of premium and (subject to the rights of any tenant or other third hammer). This condition A5 applies to you if you make the successful bid for party) pay that refund to the buyer; and a lot. (f) (subject to the rights of any tenant or other third party) hold on trust for A5.2 You are obliged to buy the lot on the terms of the sale memorandum at the the buyer any insurance payments that the seller receives in respect of loss price you bid plus VAT (if applicable). or damage arising after the contract date or assign to the buyer the benefit A5.3 You must before leaving the auction: of any claim; and the buyer must on completion reimburse to the seller the (a) provide all information we reasonably need from you to enable us to cost of that insurance (to the extent not already paid by the buyer or a tenant complete the sale memorandum (including proof of your identity if required or other third party) for the period from and including the contract date to by us); completion. (b) sign the completed sale memorandum; and G3.2 No damage to or destruction of the lot nor any deterioration in its condition, (c) pay the deposit. however caused, entitles the buyer to any reduction in price, or to delay A5.4 If you do not we may either: completion, or to refuse to complete. (a) as agent for the seller treat that failure as your repudiation of the contract G3.3 Section 47 of the Law of Property Act 1925 does not apply. and offer the lot for sale again: the seller may then have a claim against you G3.4 Unless the buyer is already lawfully in occupation of the lot the buyer has no for breach of contract; or right to enter into occupation prior to completion. (b) sign the sale memorandum on your behalf. G4 Title and identity A5.5 The deposit: G4.1 Unless condition G4.2 applies, the buyer accepts the title of the seller to the (a) is to be held as stakeholder where VAT would be chargeable on the lot as at the contract date and may raise no requisition or objection except in deposit were it to be held as agent for the seller, but otherwise is to be held relation toany matter that occurs after the contract date. as stated in the sale conditions; and G4.2 If any of the documents is not made available before the auction the following (b) must be paid in pounds sterling by cheque or by bankers’ draft made provisions apply: payable to us on an approved financial institution. The extra auction conduct (a) The buyer may raise no requisition on or objection to any of the documents conditions may state if we accept any other form of payment. that is made available before the auction. A5.6 We may retain the sale memorandum signed by or on behalf of the seller until (b) If the lot is registered land the seller is to give to the buyer within five the deposit has been received in cleared funds. business days of the contract date an official copy of the entries on the A5.7 If the buyer does not comply with its obligations under the contract then: register and title plan and, where noted on the register, of all documents (a) you are personally liable to buy the lot even if you are acting as an agent; subject to which the lot is being sold. and (c) If the lot is not registered land the seller is to give to the buyer within five (b) you must indemnify the seller in respect of any loss the seller incurs as a business days an abstract or epitome of title starting from the root of title result of the buyer’s default. mentioned in the special conditions (or, if none is mentioned, a good root of A5.8 Where the buyer is a company you warrant that the buyer is properly title more than fifteen years old) and must produce to the buyer the original constituted and able to buy the lot. or an examined copy of every relevant document. A6 Extra Auction Conduct Conditions (d) If title is in the course of registration, title is to consist of certified copies A6.1 Despite any special condition to the contrary the minimum deposit we accept of: is £2,000 (or the total price, if less). A special condition may, however, (i) the application for registration of title made to the land registry; require a higher minimum deposit. (ii) the documents accompanying that application; Words in bold blue type have special meanings, which are defined in the (iii) evidence that all applicable stamp duty land tax relating to that Glossary. application has been paid; and The general conditions (including any extra general conditions) apply to the (iv) a letter under which the seller or its conveyancer agrees to use all contract except to the extent that they are varied by special conditions or by reasonable endeavours to answer any requisitions raised by the land registry an addendum. and to instruct the land registry to send the completed registration documents G1. The lot to the buyer. G1.1 The lot (including any rights to be granted or reserved, and any exclusions (e) The buyer has no right to object to or make requisitions on any title from it) is described in the special conditions, or if not so described the lot is information more than seven business days after that information has been that referred to in the sale memorandum. given to the buyer. G1.2 The lot is sold subject to any tenancies disclosed by the special conditions, G4.3 Unless otherwise stated in the special conditions the seller sells with full title but otherwise with vacant possession on completion. guarantee except that (and the transfer shall so provide): G1.3 The lot is sold subject to all matters contained or referred to in the documents, (a) the covenant set out in section 3 of the Law of Property (Miscellaneous but excluding any financial charges: these the seller must discharge on or Provisions) Act 1994 shall not extend to matters recorded in registers open before completion. to public inspection; these are to be treated as within the actual knowledge G1.4 The lot is also sold subject to such of the following as may affect it, whether of the buyer; and they arise before or after the contract date and whether or not they are (b) the covenant set out in section 4 of the Law of Property (Miscellaneous disclosed by the seller or are apparent from inspection of the lot or from the Provisions) Act 1994 shall not extend to any condition or tenant’s obligation documents: relating to the state or condition of the lot where the lot is leasehold property. (a) matters registered or capable of registration as local land charges; G4.4 The transfer is to have effect as if expressly subject to all matters subject to (b) matters registered or capable of registration by any competent authority which the lot is sold under the contract. G4.5 The seller does not have to produce, nor may the buyer object to or make a in advance on the most recent rent payment date on or within four months requisition in relation to, any prior or superior title even if it is referred to in preceding completion. the documents. G11.2 If on completion there are any arrears of current rent the buyer must G4.6 The seller (and, if relevant, the buyer) must produce to each other such pay them, whether or not details of those arrears are given in the special confirmation of, or evidence of, their identity and that of their mortgagees conditions. and attorneys (if any) as is necessary for the other to be able to comply with G11.3 Parts 2 and 3 of this condition G11 do not apply to arrears of current rent. applicable Land Registry Rules when making application for registration of the Part 2 Buyer to pay for arrears transaction to which the conditions apply. G11.4 Part 2 of this condition G11 applies where the special conditions give details G5. Transfer of arrears. G5.1 Unless a form of transfer is prescribed by the special conditions: G11.5 The buyer is on completion to pay, in addition to any other money then due, (a) the buyer must supply a draft transfer to the seller at least ten business an amount equal to all arrears of which details are set out in the special days before the agreed completion date and the engrossment (signed as a conditions. deed by the buyer if condition G5.2 applies) five business days before that G11.6 If those arrears are not old arrears the seller is to assign to the buyer all date or (if later) two business days after the draft has been approved by the rights that the seller has to recover those arrears. seller; and Part 3 Buyer not to pay for arrears (b) the seller must approve or revise the draft transfer within five business G11.7 Part 3 of this condition G11 applies where the special conditions: days of receiving it from the buyer. (a) so state; or G5.2 If the seller remains liable in any respect in relation to the lot (or a tenancy) (b) give no details of any arrears. following completion the buyer is specifically to covenant in the transfer to G11.8 While any arrears due to the seller remain unpaid the buyer must: indemnify the seller against that liability. (a) try to collect them in the ordinary course of management but need not G5.3 The seller cannot be required to transfer the lot to anyone other than the take legal proceedings or forfeit the tenancy; buyer, or by more than one transfer. (b) pay them to the seller within five business days of receipt in cleared G6. Completion funds (plus interest at the interest rate calculated on a daily basis for each G6.1 Completion is to take place at the offices of the seller’s conveyancer, or where subsequent day’s delay in payment); the seller may reasonably require, on the agreed completion date. The seller (c) on request, at the cost of the seller, assign to the seller or as the seller can only be required to complete on a business day and between the hours may direct the right to demand and sue for old arrears, such assignment to of 0930 and 1700. be in such form as the seller’s conveyancer may reasonably require; G6.2 The amount payable on completion is the balance of the price adjusted to (d) if reasonably required, allow the seller’s conveyancer to have on loan the take account of apportionments plus (if applicable) VAT and interest. counterpart of any tenancy against an undertaking to hold it to the buyer’s G6.3 Payment is to be made in pounds sterling and only by: order; (a) direct transfer to the seller’s conveyancer’s client account; and (e) not without the consent of the seller release any tenant or surety from (b) the release of any deposit held by a stakeholder. liability to pay arrears or accept a surrender of or forfeit any tenancy under G6.4 Unless the seller and the buyer otherwise agree, completion cannot take place which arrears are due; and until both have complied with their obligations under the contract and the (f) if the buyer disposes of the lot prior to recovery of all arrears obtain from balance of the price is unconditionally received in the seller’s conveyancer’s the buyer’s successor in title a covenant in favour of the seller in similar form client account. to part 3 of this condition G11. G6.5 If completion takes place after 1400 hours for a reason other than the seller’s G11.9 Where the seller has the right to recover arrears it must not without the default it is to be treated, for the purposes of apportionment and calculating buyer’s written consent bring insolvency proceedings against a tenant or seek interest, as if it had taken place on the next business day. the removal of goods from the lot. G6.6 Where applicable the contract remains in force following completion. G12. Management G7. Notice to complete G12.1 This condition G12 applies where the lot is sold subject to tenancies. G7.1 The seller or the buyer may on or after the agreed completion date but G12.2 The seller is to manage the lot in accordance with its standard management before completion give the other notice to complete within ten business days policies pending completion. (excluding the date on which the notice is given) making time of the essence. G12.3 The seller must consult the buyer on all management issues that would affect G7.2 The person giving the notice must be ready to complete. the buyer after completion (such as, but not limited to, an application for G7.3 If the buyer fails to comply with a notice to complete the seller may, without licence; a rent review; a variation, surrender, agreement to surrender or affecting any other remedy the seller has: proposed forfeiture of a tenancy; or a new tenancy or agreement to grant a (a) terminate the contract; new tenancy) and: (b) claim the deposit and any interest on it if held by a stakeholder; (a) the seller must comply with the buyer’s reasonable requirements unless (c) forfeit the deposit and any interest on it; to do so would (but for the indemnity in paragraph (c)) expose the seller to a (d) resell the lot; and liability that the seller would not otherwise have, in which case the seller may (e) claim damages from the buyer. act reasonably in such a way as to avoid that liability; G7.4 If the seller fails to comply with a notice to complete the buyer may, without (b) if the seller gives the buyer notice of the seller’s intended act and the affecting any other remedy the buyer has: buyer does not object within five business days giving reasons for the (a) terminate the contract; and objection the seller may act as the seller intends; and (b) recover the deposit and any interest on it from the seller or, if applicable, (c) the buyer is to indemnify the seller against all loss or liability the seller a stakeholder. incurs through acting as the buyer requires, or by reason of delay caused by G8. If the contract is brought to an end the buyer. If the contract is lawfully brought to an end: G13. Rent deposits (a) the buyer must return all papers to the seller and appoints the seller its G13.1 This condition G13 applies where the seller is holding or otherwise entitled to agent to cancel any registration of the contract; and money by way of rent deposit in respect of a tenancy. In this condition G13 (b) the seller must return the deposit and any interest on it to the buyer (and “rent deposit deed” means the deed or other document under which the rent the buyer may claim it from the stakeholder, if applicable) unless the seller is deposit is held. entitled to forfeit the deposit under condition G7.3. G13.2 If the rent deposit is not assignable the seller must on completion hold G9. Landlord’s licence the rent deposit on trust for the buyer and, subject to the terms of the G9.1 Where the lot is or includes leasehold land and licence to assign is required rent deposit deed, comply at the cost of the buyer with the buyer’s lawful this condition G9 applies. instructions. G9.2 The contract is conditional on that licence being obtained, by way of formal G13.3 Otherwise the seller must on completion pay and assign its interest in the licence if that is what the landlord lawfully requires. rent deposit to the buyer under an assignment in which the buyer covenants G9.3 The agreed completion date is not to be earlier than the date five business with the seller to: days after the seller has given notice to the buyer that licence has been (a) observe and perform the seller’s covenants and conditions in the rent obtained. deposit deed and indemnify the seller in respect of any breach; G9.4 The seller must: (b) give notice of assignment to the tenant; and (a) use all reasonable endeavours to obtain the licence at the seller’s (c) give such direct covenant to the tenant as may be required by the rent expense; and deposit deed. (b) enter into any authorised guarantee agreement properly required. G14. VAT G9.5 The buyer must: G14.1 Where a sale condition requires money to be paid or other consideration to (a) promptly provide references and other relevant information; and be given, the payer must also pay any VAT that is chargeable on that money (b) comply with the landlord’s lawful requirements. or consideration, but only if given a valid VAT invoice. G9.6 If within three months of the contract date (or such longer period as the seller G14.2 Where the special conditions state that no VAT option has been made the and buyer agree) the licence has not been obtained the seller or the buyer seller confirms that none has been made by it or by any company in the same may (if not then in breach of any obligation under this condition G9) by notice VAT group nor will be prior to completion. to the other terminate the contract at any time before licence is obtained. G15. Transfer as a going concern That termination is without prejudice to the claims of either seller or buyer G15.1 Where the special conditions so state: for breach of this condition G9. (a) the seller and the buyer intend, and will take all practicable steps (short G10. Interest and apportionments of an appeal) to procure, that the sale is treated as a transfer of a going G10.1 If the actual completion date is after the agreed completion date for any concern; and reason other than the seller’s default the buyer must pay interest at the (b) this condition G15 applies. interest rate on the price (less any deposit paid) from the agreed completion G15.2 The seller confirms that the seller date up to and including the actual completion date. (a) is registered for VAT, either in the seller’s name or as a member of the G10.2 Subject to condition G11 the seller is not obliged to apportion or account for same VAT group; and any sum at completion unless the seller has received that sum in cleared (b) has (unless the sale is a standard-rated supply) made in relation to the lot funds. The seller must pay to the buyer after completion any sum to which a VAT option that remains valid and will not be revoked before completion. the buyer is entitled that the seller subsequently receives in cleared funds. G15.3 The buyer confirms that: G10.3 Income and outgoings are to be apportioned at actual completion date (a) it is registered for VAT, either in the buyer’s name or as a member of a unless: VAT group; (a) the buyer is liable to pay interest; and (b) it has made, or will make before completion, a VAT option in relation to (b) the seller has given notice to the buyer at any time up to completion the lot and will not revoke it before or within three months after completion; requiring apportionment on the date from which interest becomes payable by (c) article 5(2B) of the Value Added Tax (Special Provisions) Order 1995 does the buyer; in which event income and outgoings are to be apportioned on the not apply to it; and date from which interest becomes payable by the buyer. (d) it is not buying the lot as a nominee for another person. G10.4 Apportionments are to be calculated on the basis that: G15.4 The buyer is to give to the seller as early as possible before the agreed (a) the seller receives income and is liable for outgoings for the whole of the completion date evidence: day on which apportionment is to be made; (a) of the buyer’s VAT registration; (b) annual income and expenditure accrues at an equal daily rate assuming (b) that the buyer has made a VAT option; and 365 days in a year, and income and expenditure relating to some other period (c) that the VAT option has been notified in writing to HM Revenue and accrues at an equal daily rate during the period to which it relates; and Customs; and if it does not produce the relevant evidence at least two (c) where the amount to be apportioned is not known at completion business days before the agreed completion date, condition G14.1 applies at apportionment is to be made by reference to a reasonable estimate and completion. further payment is to be made by seller or buyer as appropriate within five G15.5 The buyer confirms that after completion the buyer intends to: business days of the date when the amount is known. (a) retain and manage the lot for the buyer’s own benefit as a continuing G11. Arrears business as a going concern subject to and with the benefit of the tenancies; Part 1 Current rent and G11.1 “Current rent” means, in respect of each of the tenancies subject to which (b) collect the rents payable under the tenancies and charge VAT on them the lot is sold, the instalment of rent and other sums payable by the tenant G15.6 If, after completion, it is found that the sale of the lot is not a transfer of a (b) the buyer must covenant with the seller to hold it in accordance with the going concern then: terms of the tenancies and to indemnify the seller if it does not do so. (a) the seller’s conveyancer is to notify the buyer’s conveyancer of that G23. Rent reviews finding and provide a VAT invoice in respect of the sale of the lot; G23.1 This condition G23 applies where the lot is sold subject to a tenancy under (b) the buyer must within five business days of receipt of the VAT invoice pay which a rent review due on or before the actual completion date has not been to the seller the VAT due; and agreed or determined. (c) if VAT is payable because the buyer has not complied with this condition G23.2 The seller may continue negotiations or rent review proceedings up to the G15, the buyer must pay and indemnify the seller against all costs, interest, actual completion date but may not agree the level of the revised rent or penalties or surcharges that the seller incurs as a result. commence rent review proceedings without the written consent of the buyer, G16. Capital allowances such consent not to be unreasonably withheld or delayed. G16.1 This condition G16 applies where the special conditions state that there are G23.3 Following completion the buyer must complete rent review negotiations or capital allowances available in respect of the lot. proceedings as soon as reasonably practicable but may not agree the level of G16.2 The seller is promptly to supply to the buyer all information reasonably the revised rent without the written consent of the seller, such consent not to required by the buyer in connection with the buyer’s claim for capital be unreasonably withheld or delayed. allowances. G23.4 The seller must promptly: G16.3 The value to be attributed to those items on which capital allowances may be (a) give to the buyer full details of all rent review negotiations and claimed is set out in the special conditions. proceedings, including copies of all correspondence and other papers; and G16.4 The seller and buyer agree: (b) use all reasonable endeavours to substitute the buyer for the seller in any (a) to make an election on completion under Section 198 of the Capital rent review proceedings. Allowances Act 2001 to give effect to this condition G16; and G23.5 The seller and the buyer are to keep each other informed of the progress of (b) to submit the value specified in the special conditions to HM Revenue and the rent review and have regard to any proposals the other makes in relation Customs forthe purposes of their respective capital allowance computations. to it. G17. Maintenance agreements G23.6 When the rent review has been agreed or determined the buyer must account G17.1 The seller agrees to use reasonable endeavours to transfer to the buyer, at to the seller for any increased rent and interest recovered from the tenant the buyer’s cost, the benefit of the maintenance agreements specified in the that relates to the seller’s period of ownership within five business days of special conditions. receipt of cleared funds. G17.2 The buyer must assume, and indemnify the seller in respect of, all liability G23.7 If a rent review is agreed or determined before completion but the increased under such contracts from the actual completion date. rent and any interest recoverable from the tenant has not been received by G18. Landlord and Tenant Act 1987 completion the increased rent and any interest recoverable is to be treated G18.1 This condition G18 applies where the sale is a relevant disposal for the as arrears. purposes of part I of the Landlord and Tenant Act 1987. G23.8 The seller and the buyer are to bear their own costs in relation to rent review G18.2 The seller warrants that the seller has complied with sections 5B and 7 of that negotiations and proceedings. Act and that the requisite majority of qualifying tenants has not accepted G24. Tenancy renewals the offer. G24.1 This condition G24 applies where the tenant under a tenancy has the right G19. Sale by practitioner to remain in occupation under part II of the Landlord and Tenant Act 1954 G19.1 This condition G19 applies where the sale is by a practitioner either as seller (as amended) and references to notices and proceedings are to notices and or as agent of the seller. proceedings under that Act. G19.2 The practitioner has been duly appointed and is empowered to sell the lot. G24.2 Where practicable, without exposing the seller to liability or penalty, the seller G19.3 Neither the practitioner nor the firm or any member of the firm to which the must not without the written consent of the buyer (which the buyer must not practitioner belongs has any personal liability in connection with the sale unreasonably withhold or delay) serve or respond to any notice or begin or or the performance of the seller’s obligations. The transfer is to include a continue any proceedings. declaration excluding that personal liability. G24.3 If the seller receives a notice the seller must send a copy to the buyer within G19.4 The lot is sold: five business days and act as the buyer reasonably directs in relation to it. (a) in its condition at completion; G24.4 Following completion the buyer must: (b) for such title as the seller may have; and (a) with the co-operation of the seller take immediate steps to substitute (c) with no title guarantee; and the buyer has no right to terminate the itself as a party to any proceedings; contract or any other remedy if information provided about the lotis (b) use all reasonable endeavours to conclude any proceedings or negotiations inaccurate, incomplete or missing. for the renewal of the tenancy and the determination of any interim rent G19.5 Where relevant: as soon as reasonably practicable at the best rent or rents reasonably (a) the documents must include certified copies of those under which the obtainable; and practitioner is appointed, the document of appointment and the practitioner’s (c) if any increased rent is recovered from the tenant (whether as interim acceptance of appointment; and rent or under the renewed tenancy) account to the seller for the part of that (b) the seller may require the transfer to be by the lender exercising its power increase that relates to the seller’s period of ownership of the lot within five of sale under the Law of Property Act 1925. business days of receipt of cleared funds. G19.6 The buyer understands this condition G19 and agrees that it is fair in the G24.5 The seller and the buyer are to bear their own costs in relation to the renewal circumstances of a sale by a practitioner. of the tenancy and any proceedings relating to this. G20. TUPE G25. Warranties G20.1 If the special conditions state “There are no employees to which TUPE G25.1 Available warranties are listed in the special conditions. applies”, this is a warranty by the seller to this effect. G25.2 Where a warranty is assignable the seller must: G20.2 If the special conditions do not state “There are no employees to which TUPE (a) on completion assign it to the buyer and give notice of assignment to the applies” the following paragraphs apply: person who gave the warranty; and (a) The seller must notify the buyer of those employees whose contracts (b) apply for (and the seller and the buyer must use all reasonable endeavours of employment will transfer to the buyer on completion (the “Transferring to obtain) any consent to assign that is required. If consent has not been Employees”). This notification must be given to the buyer not less than 14 obtained by completion the warranty must be assigned within five business days before completion. days after the consent has been obtained. (b) The buyer confirms that it will comply with its obligations under TUPE and G25.3 If a warranty is not assignable the seller must after completion: any special conditions in respect of the Transferring Employees. (a) hold the warranty on trust for the buyer; and (c) The buyer and the seller acknowledge that pursuant and subject to TUPE, (b) at the buyer’s cost comply with such of the lawful instructions of the buyer the contracts of employment between the Transferring Employees and the in relation to the warranty as do not place the seller in breach of its terms or seller will transfer to the buyer on completion. expose the seller to any liability or penalty. (d) The buyer is to keep the seller indemnified against all liability for the G26. No assignment Transferring Employees after completion. The buyer must not assign, mortgage or otherwise transfer or part with the G21. Environmental whole or any part of the buyer’s interest under this contract. G21.1 This condition G21 only applies where the special conditions so provide. G27. Registration at the Land Registry G21.2 The seller has made available such reports as the seller has as to the G27.1 This condition G27.1 applies where the lot is leasehold and its sale either environmental condition of the lot and has given the buyer the opportunity to triggers first registration or is a registrable disposition. The buyer must at its carry out investigations (whether or not the buyer has read those reports or own expense and as soon as practicable: carried out any investigation) and the buyer dmits that the price takes into (a) procure that it becomes registered at Land Registry as proprietor of the account the environmental condition of the lot. lot; G21.3 The buyer agrees to indemnify the seller in respect of all liability for or (b) procure that all rights granted and reserved by the lease under which the resulting from the environmental condition of the lot. lot is held are properly noted against the affected titles; and G22. Service Charge (c) provide the seller with an official copy of the register relating to such lease G22.1 This condition G22 applies where the lot is sold subject to tenancies that showing itself registered as proprietor. include service charge provisions. G27.2 This condition G27.2 applies where the lot comprises part of a registered title. G22.2 No apportionment is to be made at completion in respect of service charges. The buyer must at its own expense and as soon as practicable: G22.3 Within two months after completion the seller must provide to the buyer (a) apply for registration of the transfer; a detailed service charge account for the service charge year current on (b) provide the seller with an official copy and title plan for the buyer’s new completion showing: title; and (a) service charge expenditure attributable to each tenancy; (c) join in any representations the seller may properly make to Land Registry (b) payments on account of service charge received from each tenant; relating to the application. (c) any amounts due from a tenant that have not been received; G28. Notices and other communications (d) any service charge expenditure that is not attributable to any tenancy and G28.1 All communications, including notices, must be in writing. Communication to is for that reason irrecoverable. or by the seller or the buyer may be given to or by their conveyancers. G22.4 In respect of each tenancy, if the service charge account shows that: G28.2 A communication may be relied on if: (a) payments on account (whether received or still then due from a tenant) (a) delivered by hand; or exceed attributable service charge expenditure, the seller must pay to the (b) made electronically and personally acknowledged (automatic buyer an amount equal to the excess when it provides the service charge acknowledgement does not count); or account; (c) there is proof that it was sent to the address of the person to whom it is (b) attributable service charge expenditure exceeds payments on account to be given (as specified in the sale memorandum) by a postal service that (whether those payments have been received or are still then due), the offers normally to deliver mail the next following business day. buyer must use all reasonable endeavours to recover the shortfall from the G28.3 A communication is to be treated as received: tenant at the next service charge reconciliation date and pay the amount (a) when delivered, if delivered by hand; or so recovered to the seller within five business days of receipt in cleared (b) when personally acknowledged, if made electronically; but if delivered or funds; but in respect of payments on account that are still due from a tenant made after 1700 hours on a business day a communication is to be treated condition G11 (arrears) applies. as received on the next business day. G22.5 In respect of service charge expenditure that is not attributable to any G28.4 A communication sent by a postal service that offers normally to deliver mail tenancy the seller must pay the expenditure incurred in respect of the period the next following business day will be treated as received on the second before actual completion date and the buyer must pay the expenditure business day after it has been posted. incurred in respect of the period after actual completion date. Any necessary G29. Contracts (Rights of Third Parties) Act 1999 monetary adjustment is to be made within five business days of the seller No one is intended to have any benefit under the contract pursuant to the providing the service charge account to the buyer. Contract (Rights of Third Parties) Act 1999. G22.6 If the seller holds any reserve or sinking fund on account of future service G30. Extra General Conditions charge expenditure or a depreciation fund: Please refer to Notices to Prospective Buyers contained in the Auction (a) the seller must pay it (including any interest earned on it) to the buyer on Catalogue. completion; and NOTICES TO PROSPECTIVE BUYERS

5.4 No warranty or undertaking is given that the photograph of the relevant It is strongly recommended the Buyer reads this information carefully and takes property shows or refers to any of the occupiers of the property or whether independent legal and other appropriate advice. any of the occupiers are trading or whether any tenant is in actual occupation or the state or condition of such property. The information below contains some amendments/additions to the Common Auction Conditions. 5.5 You must rely on your own inspection of the property concerned and the Special Conditions (obtainable from the Auctioneer or Seller’s solicitors) as to 1. Definitions the full description and extent of the area of the relevant property to be sold.

‘Addendum’ means any additional information attached to the Special Conditions, 5.6 The site and location plans in this catalogue are reproduced from the Auction Catalogue or Particulars of Sale which amend the information previously Ordnance Survey Map with the permission of the Controller of Her Majesty’s provided. Stationery Office, Crown Copyright reserved.

‘Common Auction Conditions’ means the RICS Common Auction Conditions (3rd 6. Inspection Edition). These are available for download from our website www.shobrook.co.uk reproduced with the permission of the Royal Institution of Chartered Surveyors. You should contact the Auctioneers to make arrangements to inspect properties.

‘Legal Pack’ means legal documentation provided by the Seller’s solicitors on the 7. Structure, Contamination and Equipment Lot. 7.1 7.1 You should consult your professional advisers with regard to the condition ‘Lot’ means the Lot as described in the Particulars of Sale of the structure of the property to be sold and any possible contamination or pollution affecting it. Any full structural and environmental survey should be ‘Particulars of Sale’ means the information contained in the Auction Catalogue carried out by a professionally qualified person. about each Lot 7.2 No representation, warranty or undertaking whatsoever is made or intended ‘Special Conditions’ are provided by the Seller’s solicitors and are part of the to be made in respect of: contract for sale for each property. They contain specific legal information about the property a) The state of the structure of any property or any fixtures, fittings or other items expressed to be included in the sale of the property. 2. Legal Information b) The type of structure or whether such structure is adequate or properly Legal Pack constructed or otherwise whatsoever in relation to the state of repair or the suitability of such structure or the fixtures, fittings or other equipment A Legal Pack is available for every Lot in our Auction Catalogue. It will generally thereon. contain the following: c) Whether or not there is any contamination or pollution in relation to the • Special Conditions of Sale property to be sold or any property in the neighbourhood. • Title Deeds/Information • Searches (if to be provided by the seller) d) Whether or not it complies with the legislation relating to the environment or • Leases (if applicable) contamination, pollution or dangerous or potentially dangerous substances. • Energy Performance Certificate • Together with any other important legal information 8. Liability of Bidder

The Legal Pack can be obtained directly from the Seller’s solicitors or will be available 8.1 Each bidder will be deemed to be personally liable on making an accepted bid for inspection on the day of the Auction of the Lot. even though he purports to act as an agent for a principal Buyer or purports to sign the Memorandum of Contract in a representative capacity. It is important either you or your solicitor inspects the Legal Pack before proceeding to place a bid at the Auction. 8.2 The bidder and the bidder’s principal will be jointly and severally liable under the Contract of Sale. 3. General Conditions of Sale 9. Prior Auction Sales 3.1 Your attention is drawn to the Common Auction Conditions and the Special Conditions, the latter being obtainable separately from the Auctioneers or the 9.1 Please contact the Auctioneers during the 3 days before the auction to enquire Seller’s legal advisers whether a particular Lot will be offered for sale at auction or whether it has been withdrawn or sold. 3.2 There may be additions or amendments to the Particulars of Sale or Special Conditions. An Addendum relating to any such additions or amendments 9.2 Neither the Auctioneers nor the Seller are responsible for any losses or will be available at the auction. The Addendum will be attached to the sale abortive costs incurred by you in respect of Lots which are either withdrawn contract and form part of the Contract for Sale. The Addendum may have to or sold prior to the auction. be signed on your behalf. 10. Post Auction Sales 3.3 You will be deemed to have read and considered the Particulars of Sale, the Common Auction Conditions, the Special Conditions and any Addendum and If the Auctioneers have authority to sign the sale memorandum and exchange have full knowledge of these and all documents and other matters referred to. contracts on behalf of the Seller during the post auction agency period. Contracts shall be treated as exchanged when the Auctioneers have received from the Buyer 3.4 You are strongly advised to consult your legal advisers in respect of the unconditionally the sale memorandum signed by or on behalf of the Buyer and matters referred to in this paragraph. the deposit, provided that the Auctioneers shall not be obliged to date the sale memorandum and release the part signed by the Auctioneers on behalf of the Seller 4. Particulars of Sale until the Buyer’s cheque for the deposit has cleared.

4.1 You are advised to check the Particulars of Sale to ensure you are satisfied 11. Estimated Prices and Rents - Information Relating to Tenant as to the accuracy of all measurements, areas, details of leases and all other matters subject to which the properties are sold or have the benefit of. All 11.1 Any estimates or suggestions given by the Auctioneers to you relating to the measurements and areas referred to in the Particulars of Sale are approximate price at which a property will or may be sold or which you should bid for such only. You should also check whether any contents and fixtures or fittings property should not be accepted by you as a valuation. Any sum will only be expressed to be included in the sale are the property of the Seller concerned. accepted as an estimate of the price the Auctioneers consider the property The property should be inspected by you and all necessary enquiries made by may be sold for. Any estimates or suggestions given by the Auctioneers to you or your representatives with the Auctioneers, the Seller and the Seller’s you relating to the current or future open market rental for the whole or part professional advisers. You should also make all necessary searches and of any property must not be accepted as valuations but only as estimates. enquiries of appropriate authorities. 11.2 The Auctioneers have not carried out full valuations on any of the properties 4.2 You will be deemed to have inspected the relevant property and to have to be sold. undertaken all necessary and appropriate enquiries and searches. 11.3 You should satisfy yourself by referring to your own professional advisers to 4.3 All statements made in the Particulars of Sale or otherwise (save for any estalish that any estimates or suggestions given by the Auctioneers as to the statements made in writing by the Seller’s Solicitors) relating to any property expected purchase price or current or future rental value of properties are are made without responsibility on the part of the Auctioneers or the Seller. accurate. Neither the Auctioneers nor any person in their employment has any authority to make or give any representation or warranty whatever in relation to 11.4 The Auctioneers and the respective Sellers accept no responsibility for any any property. No such statement may be relied upon as a statement or loss, damage, costs or expenses incurred or suffered by you as a result of representation of fact. acting on any such estimates or suggestions.

5. Plans and Photographs 11.5 Any financial or other information contained in this catalogue relating to tenants or other occupiers of property to be sold or as to the ownership 5.1 All location plans shown in this catalogue are to enable you to locate the of any tenants or occupiers is, unless otherwise stated, obtained from the property only. The plans are photographically reproduced and therefore not Companies Registry files open to inspection by the general public or from to scale and are not intended to depict the interest to be disposed of. Such the last published report and accounts of the tenant or the tenant’s holding plans are expressly excluded from the Contract of Sale. company. Please note, however, that circumstances may have changed since the relevant returns were filed at the Companies Registry or since the 5.2 Any arrows on photographs or plans in this catalogue are to enable you to publication of the tenant’s or tenant’s Holding Company’s last report locate the property and are not intended to depict the interest or extent and accounts. No warranty, representation or undertaking whatsoever is thereof to be disposed of. given that such information is accurate in all respects as at the date of the sale of the relevant property. You should make your own enquiries. 5.3 No warranty or undertaking is given as to the accuracy of the photographs in this catalogue indicating the property proposed to be sold. NOTICES TO PROSPECTIVE BUYERS

In compliance with Money Laundering legislation all successful bidders are required 12. Definitions to provide photographic evidence and proof of address. You are therefore advised to attend with a driving licence, passport and other form of identification. 12.1 A legally enforceable Contract of Sale of the relevant property is created on the fall of the hammer. 15. Proxy Bids

12.2 On a property being sold, the successful bidder will be given a Buyer’s Slip by Arrangements can be made not less than 3 days before the auction to make a Proxy the Auctioneers. The bidder must complete the Buyer’s Slip with the required Bid. A duly completed Proxy Bid Authorisation Form should be lodged with the information immediately, failing which the Auctioneers will be entitled to Auctioneers not less than 3 days before the auction resubmit the property for sale and may treat the bidder and the Buyer as being in breach of contract. Resubmission of the property for the sale will be taken without prejudice to any claim there may be against the bidder and the 16. Completion Buyer for breach of contract. The contractual completion date for each Lot will be 28 days after the date of the 12.3 The Auctioneers will prepare a Memorandum of Contract in the form appearing auction or 28 days after contracts have been exchanged in respect of pre and post in this catalogue. Before the end of the auction, the successful bidder should auction sales, unless varied in the Special Conditions or Addendum. arrange for such Memorandum of Contract to be signed by or on behalf of the Buyer. This will be exchanged for a part signed by the Seller, the Seller’s 17. Administration Fee solicitors or by the Auctioneers on behalf of the Seller. The Buyer agrees to pay the Auctioneers an administration fee of £450 plus 12.4 Unless otherwise stated in the Special Conditions, the property will be at the VAT per Lot at the same time as the deposit. The administration fee should Buyer’s risk on being sold at the auction. The Buyer should therefore make be made payable to the Auctioneers. his own arrangements for insurance immediately. 18. Liability of the Auctioneer 13. Definitions The auctioneers shall be under no financial liability in respect of any matters arising 13.1 A deposit of 10% of the purchase price, with a minimum of £2,000.00 (two out of the auction or the particulars for any lot or any of the conditions relating to any thousand pounds) will be payable on the relevant property being knocked lot. No claims shall be made against the auctioneers by the buyer in respect of any down. This provision may be amended by the Special Conditions which the loss or damage or claim actually or allegedly suffered by or made against the buyer Buyer should check. by reason of the buyer entering in to the contract.

13.2 The deposit should be handed to the Auctioneer’s Clerk when the Buyer’s Slip has been completed and made payable to the Seller or the Seller’s legal 19. Energy Performance Certificate advisors. An Energy Performance Certificate will be made available in the Legal Pack and/or a 13.3 A separate deposit will be requested in respect of each Lot purchased. full copy can be obtained by contacting the Auctioneers directly.

13.4 Unless otherwise specified, cheques will be accepted. Cheques must be drawn on a bank or branch of a bank in the United Kingdom. Any other cheques may 20. Vacant Possession be rejected. Where properties are not sold with vacant possession tenancy details will be given on 14. Identification/Money Laundering Requirements the Auctioneers Particulars of Sale and/or the Seller’s solicitors Special Conditions.

MEMORANDUM OF CONTRACT

LOT NUMBER......

Agreement Date: ...... 20 ...... Seller: ...... Buyer: ......

Property: The property described in the Special Conditions of Sale relating to the above Lot number.

Name/Address of Buyer’s ...... Solicitors or other person to whom ...... property documents to be sent ......

Purchase Price: £ ...... Deposit: £ ...... Balance: £ ......

The Seller will sell and the Buyer will buy the Property for the Purchase Price in accordance with and subject to the terms and conditions referred to in the Common Auction Conditions, the relevant Particulars of Sale, the Special Conditions of Sale apply- ing to the Property, any Addendum together with any other documents relating to the Property and attached to this agree- ment.

The Auctioneers (as defined in the Common Auction Conditions) acknowledge receipt of the Deposit in part payment of the Purchase Price.

The Buyer agrees to pay the balance of the Purchase Price and to complete the purchase in accordance with this agreement in all respects.

Signed by or on behalf of the Buyer ...... Signed by or on behalf of the Seller ......