Auction

romansauctions

1lW5Lxr

February

Property

Auction

Green Park Conference Centre, 100 Longwater Avenue, Green Park, Reading, Berkshire RG2 6GP

Wednesday 24 February 2016 at 1.30pm


A guide to buying at auction

Viewing

Please view the properties which interest you as soon as

possible. Viewing arrangements for each lot are contained

in this catalogue. Block viewings for all properties will be

at specific times and if you arrive late you may have only a

limited viewing time.

Legal documentation

For each lot there are Special Conditions of Sale and other

documentation provided by the vendor’s solicitors. If you wish

to receive this information, legal packs can be downloaded

from our website romans.co.uk. All legal documentation can

be inspected by prior arrangement at our head office and is

available in the auction room on the auction day.

Instructing a solicitor

Before bidding at the auction, you are advised to consult

a solicitor or licensed conveyancer to advise you on the

general and special conditions of sale, the local authority

search, the land registry office copy entries and any other

information provided.

Guide prices

Guide prices provided with this catalogue and shown on

our website and press advertising indicate the level of

the sellers reserve. The guide price may change at any

time prior to the auction. Lots may be sold at, above or

below the guide price and the eventual sale price will be

dependent on the amount of bidding at the auction.

Reserve prices

All lots offered for sale are subject to a reserve price. The

reserve is a confidential minimum price which the seller

authorises the auctioneer to sell at – bidding must reach or

exceed this figure for the lot to be sold. The reserve may

be changed by the seller at any time up to the start of the

auction and this will be reflected in the guide price. The

level of the reserve may be lower than the guide price.

Pre-auction offers

These must be made in writing and will only be considered

if the lot has been viewed, Legal documents inspected and

proof of funding has been supplied to the auctioneers. Preauction

offers are on the basis of an immediate exchange of

auction contracts upon acceptance by the seller.

Any offer will be assumed to be your best and final offer

and we cannot guarantee that you will be invited to

increase your bid if an alternative, satisfactory offer is

received prior to exchange.

Our clients have agreed that only pre-auction offers

substantially above the guide price need to be submitted.

Telephone and proxy bids and buyers charge

If you want to bid by telephone or proxy on the day of the

auction we are more than happy for you to do so. We must

be holding a signed contract and banker’s draft at least

24 hours before the auction. Therefore please contact us

in plenty of time to receive and return the bidding pack, to

avoid disappointment.

Each successful buyer will be required to pay the

auctioneers, Romans, a non-refundable buyers charge of

£950 plus VAT = £1,140. On purchases up to £20,000, the

buyers charge will be £550 plus VAT = £660. The charge is

payable on exchange of contracts.

Addendum

When you arrive at the Auction, a member of Romans’

staff will hand you a list of last minute alterations and

amendments to the catalogue, this is known as an

‘addendum’. It is essential that you read this information

carefully in case it refers to a lot which is of interest to you,

as the addendum f orms part of the contract of sale.

Deposits

Purchasers are reminded that at the fall of the Auctioneer’s

gavel a deposit of 10% of the contract sale price (minimum

£4,000, if the sale price is less than £40,000, unless

specified otherwise in Special Conditions) per lot shall be

payable, by way of banker’s draft. Personal or company

cheques will not be accepted unless arrangements have

been made at least 3 working days prior to the Auction.

All banker’s drafts should be made payable to Romans.

Cash and credit/debit cards will not be accepted.

We suggest you obtain a draft for 10% of your maximum

bid price (minimum £4,000, if the sale price is less than

£40,000, unless specified otherwise in Special Conditions)

and bring it with you to the auction. If you purchase for

less, the difference will be deducted from your ‘balance’

figure on completion.

Any shortfall (subject to the Auctioneer’s discretion) can be

paid by personal/company cheque.

Buyers charge

Each successful buyer will be required to pay the

auctioneers, Romans, a non-refundable buyers charge of

£950 plus VAT = £1,140. On purchases up to £20,000, the

buyers charge will be £550 plus VAT = £660. The charge is

payable on exchange of contracts.

Proof of identity

In order to comply with money laundering legislation, the

successful bidder is required to provide photographic

proof of identification e.g. UK Driver’s Licence, Passport.

Please note that it is a requirement that you also provide

documentation to confirm your name and residential

address (Utility bill, Council Tax bill).

Completion day

Completion normally takes place twenty working days

after the date that contracts are exchanged, unless other

arrangements are specified in the special conditions of sale.

It is advisable to check this prior to the auction day.

All plans are strictly for identification purposes only and

should not be relied upon. Please refer to the legal pack

for the Land Registry plan of each lot.

Any plans are reproduced from Ordnance Survey maps

with kind permission of the Controller of Her Majesty’s

Stationery Office @ Crown copyright.

All rights reserved, Licence no:100020449.

2


South Oak Way

Longwater Avenue

South Oak Way

South Oak Way

3

Welcome to Romans Auctions

Welcome

Simon Clayton MNAVA

Director and Auctioneer

sclayton@romans.co.uk

01344 753 120

Gareth Bell

Auctioneer

gbell@romans.co.uk

01344 753 123

Mark Wallis

Surveyor

mwallis@romans.co.uk

01344 753 124

Daniel Gale

Surveyor

dgale@romans.co.uk

01344 753 185

Jo Searle

Co-ordinator

jsearle@romans.co.uk

01344 753 125

Other services

Town Planning

Peter Kavanagh MRICS

Managing Director of

Professional Services

pkavanagh@romans.co.uk

Independent Mortgage

Advice

Greg May Cert PFS

Director

gmay@romans.co.uk

Surveying

Dan Lowery MRICS

Director

dlowery@romans.co.uk

Residential Lettings

Peter Fuller FARLA

Managing Director

pfuller@romans.co.uk

Residential Sales

Vincent Courtney

Managing Director

vcourtney@romans.co.uk

Commercial Agency

Simon Clayton MNAVA

Director

sclayton@romans.co.uk

We are here

Longwater Avenue

Byte Café

Brook Drive

From Reading

Town Centre

Main Entrance

Auction venue

Conference Centre

100 Longwater Avenue

Green Park

Reading RG2 6GP

A33

Millennium Hotel

Madejski stadium

Longwater

Lake

Brook Drive

South Entrance

Costco

South Oak Way

J11 M4

M4

From M4 J11

M4 J11

3


4

Romans Auctions have the

pleasure of working with a wide

variety of national and local

companies including: Solicitors,

Housing Associations, Local Authorities,

Asset Management Companies,

Developers, Commercial Agents,

Receivers, Charities and Trusts –

here are a few of them.


Properties will be available to

view at the following times only.

Please arrive for viewings

promptly at the times stated.

Our representatives are unable to

wait for late comers as they will be

conducting a schedule of viewings for

the entire day and therefore cannot be

delayed at a specific property.

Viewers are advised to check the

availability of properties prior to

commencing their journey. Romans

will not be responsible for any abortive

costs should a property be sold or

withdrawn prior to the viewing date.

Lot Property Tue Thu Tue Thu Tue Thu

2 4 9 11 16 18

Viewing schedule

1 17 Wokingham Road, Earley, Reading 12.30 12.30 12.30 12.30 12.30 12.30

2 45 Upper Elms Road, Aldershot Please call 01344 753 120

3 22 Kensington Road, Reading 12.45 12.45 12.45 12.45 12.45 12.45

4 115 Alma Road, Windsor 13.30 13.30 13.30 13.30 13.30 13.30

5 19 Ashby Court, Reading 12.00 12.00 12.00 12.00 12.00 12.00

6 25 Briants Avenue, Caversham, Reading 13.00 13.00 13.00

7 Land at East Lodge, Aysgarth, Bracknell This site can be viewed at any reasonable time

8 11 & 11a York Crescent, Aldershot Please call 01344 753 120

9 167 & 167a Oxford Road, Reading 13.30 13.30 13.30 13.30 13.30 13.30

10 79 Waterloo Crescent, Wokingham 13.00 13.00 13.00 13.00 13.00 13.00

11 Woods Road, Caversham, Reading This site can be viewed at any reasonable time

12 The Old Coach House, Wharf Road, Guildford Please call 01344 753 120

13 Land lying to north west of Kiln Ride, Finchampstead, Wokingham This site can be viewed at any reasonable time

Important notice

The Money Laundering Regulations

As a requirement under this legislation,

any person buying or bidding at auction,

MUST produce documentation to confirm their

name and residential address.

Opposite is a schedule of acceptable documentation.

You must provide one document from each list.

Evidence of identity

• Current signed passport

• Current full UK photo card

driving licence

• Current full UK driving licence

(old version)

(Provisional driving licence will

not be accepted)

• Resident Permit issued by the

Home Office to EU Nationals

• Inland Revenue Tax

Notification

• Firearms Certificate

Evidence of address

• Current full UK driving licence

(old version) (provisional

driving licence will not be

accepted)

• A utility bill issued within the

last 3 months

• Local Authority tax bill (current

year)

• Bank, Building Society or

Credit Union statement

• Most recent original mortgage

statement from a UK lender

5


0800 093 9994

Lot No. Address Guide Price Estimated

Rental

Value

1 17 Wokingham Road, Earley, Reading £240,000 £1,000 pcm

2 45 Upper Elms Road, Aldershot £120,000 £10,000 p.a.

3 22 Kensington Road, Reading £190,000 £950 pcm

4 115 Alma Road, Windsor £465,000 £2,000 pcm

5 19 Ashby Court, Reading £110,000 £750 pcm

6 25 Briants Avenue, Caversham, Reading £285,000 £14,400 p.a

7 Land at East Lodge, Aysgarth, Bracknell £200,000

8 11 & 11a York Crescent, Aldershot £240,000 £13,830 p.a.

9 167 & 167a Oxford Road, Reading £375,000 £18,700 p.a

10 79 Waterloo Crescent, Wokingham £310,000 £1,400 pcm

11 8 Woods Road, Caversham, Reading £420,000

12 The Old Coach House, Wharf Road, Guildford £460,000

13 Woodland at Kiln Ride, Finchampstead £20,000

Please note: Estimated rental value is based on the property being presented to a good standard

Please read the important information on pages 5 and 16 of our catalogue, regarding deposit

payments and identification requirements.

V1 29.01.16


Lot 1

17 Wokingham Road, Earley, Reading, Berkshire,

RG6 1LE

A Victorian terrace house requiring refurbishment, located close to

Reading University. Ideal for owner occupation or letting investment.

Location:

• Good access to Reading

University and Royal

Berkshire Hospital

• Close to town centre

• M4 access at junction 10

Description:

• Requires refurbishment

• Two storey house

• Good investment potential

Accommodation:

Ground floor:

Two reception rooms, kitchen

First floor:

2 bedrooms, bathroom

Tenure:

Freehold with vacant

possession

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Reading Borough Council

0118 937 3787

To view:

Please see viewing schedule

Outside:

Front and rear gardens, WC

EPC rating:

D

Lot 2

45 Upper Elms Road, Aldershot, Hampshire, GU11 3ET

For investment – a freehold detached light industrial unit being sold

subject to existing tenancy with further potential for development,

subject to planning permission being granted.

Location:

• Mixed commercial and

residential area

• Close to town centre

• Walking distance of

mainline train station

with service to London

Waterloo

Description:

• Two storey detached

commercial building

• Potential for

redevelopment, subject to

planning permission and

tenancy

• Gross internal area 231 sq m

Accommodation:

Ground floor: Open plan

workshop areas, stairs to

first floor

First floor: Two offices, three

store rooms, kitchen, WC

EPC rating:

F

Tenure:

Freehold

Tenancy:

Let on a 1 year lease from

13th June 2015 for a rent of

£10,000 per annum.

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Rushmoor Borough Council

01252 398 398

To view:

Viewings by appointment

only.

Please call 01344 753 120

6


Location:

• Close to Reading town

centre

• Good access to Reading

West train station

• M4 access at junctions 11

& 12

Description:

• Two storey period house

• Requires improvement

• Good letting potential

Accommodation:

Ground floor:

Entrance hall, living room,

dining area, kitchen

First floor:

2 bedrooms, bathroom

Outside:

Front and rear garden, garage

Location:

• Outskirts of Windsor town

centre

• Mainline rail service

via Slough to London

Paddington

• M4 access at junction 6

Description:

• Semi-detached house

• Requires modernisation

• Planning permission for

rear extension

• Good investment potential

Accommodation:

Ground floor:

Entrance hall, living room,

dining room, kitchen

First floor:

3 bedrooms, bathroom

Outside:

Front and rear gardens, WC

EPC rating:

F

Tenure:

Freehold with vacant

possession

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Reading Borough Council

0118 937 3787

To view:

Please see viewing schedule

Planning permission:

Full planning permission was

granted on 8th December

2015, application number

15/04073 for a two storey

rear extension. Further details

available in the Legal Pack.

EPC rating:

G

Tenure:

Freehold with vacant

possession

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Royal Borough of Windsor &

Maidenhead

01628 683 800

To view:

Please see viewing schedule

22 Kensington Road, Reading, Berkshire, RG30 2SY

A vacant, period, mid-terrace house requiring modernisation. Ideal

for owner occupation or investment.

115 Alma Road, Windsor, Berkshire, SL4 3EU

A vacant period semi-detached house requiring modernisation,

benefitting from planning permission for a two storey rear extension.

Ideal for owner occupation or letting investment.

Lot 3 Lot 4

7


Lot 5

19 Ashby Court, Reading, Berkshire, RG2 8PG

A purpose built ground floor maisonette suitable for owner

occupation or letting investment, located within easy access of

Reading town centre.

Location:

• Excellent access to town

centre

• Good access to M4 at

junction 11

• Good access to Reading

mainline Crossrail station

Description:

• Ground floor maisonette

• Would benefit from minor

improvement

• Good investment potential

Accommodation:

Lobby, lounge/dining room,

kitchen, bedroom, bathroom

Outside:

Walled garden, off road

parking space

EPC rating:

D

Tenure:

Freehold with vacant

possession

Lease:

99 years from 25th December

1983

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Reading Borough Council

0118 937 3787

To view:

Please see viewing schedule

Lot 6

25 Briants Avenue, Caversham, Reading, Berkshire,

RG4 5AY

A period terrace house currently arranged as two 1 bedroom

flats, both currently let on assured shorthold tenancies – ideal for

investment.

Location:

• Good access to

Caversham centre,

schools and River Thames

• Mainline rail service from

Reading to London

Waterloo & Paddington

• M4 access at junctions 10,

11 & 12

Description:

• Period two storey house

• Currently configured as

two 1 bedroom flats

• Good investment potential

Accommodation:

Comprises a communal

entrance hall

Ground floor flat: Living room,

bedroom, kitchen, bathroom,

rear garden. Potential to

increase the rent following

modernisation

First floor flat: Living room,

kitchen, bedroom, bathroom

EPC rating:

Ground floor flat - E

First floor flat – F

Tenure:

Freehold

Tenancies:

Sold subject to tenancies as

follows:

Ground floor: periodic

tenancy at £550 pcm, two

months notice required from

rent due date.

First floor: Assured Shorthold

tenancy from 1st June 2015 –

31st May 2016 at £650 pcm

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Reading Borough Council

0118 937 3737

To view:

Please see viewing schedule

8


Location:

• Residential area

• Close to town centre

• Good access to M4 and M3

• Rail service from Bracknell to London

Waterloo and Reading

Description:

• Freehold parcel of land

• Potential for residential development

• Accessed from Great Hollands Road

Site:

The site measures approximately 0.448

of an acre (0.181 hectares)

Planning history:

A planning application was submitted

to Bracknell Forest Council on 6th June

2014, application number 14/00552/

FUL for the erection of a three storey

block of flats. This application was

withdrawn although the proposal was

considered to be in accordance with

the development plan policies and the

national planning policy framework.

Further details can be found on the local

authority website.

Tenure:

Freehold

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Bracknell Forest Council

01344 352 000

To view:

The site can be viewed at any

reasonable time. Please respect

neighbouring properties at all times.

ON BEHALF OF BRACKNELL FOREST COUNCIL

Land at East Lodge, Aysgarth, Bracknell, Berkshire, RG12 8SE

A freehold parcel of land fronting Great Hollands Road, within easy reach of the town

centre. Potential for development subject to planning permission being granted.

Suitable for developers and builders.

Lot 7

9


Lot 8

11 & 11A, York Crescent, Aldershot, Hampshire,

GU11 3JJ

For investment – a period, three storey semi-detached house

converted to two maisonettes, one is sold subject to an assured

shorthold tenancy, the other is a regulated tenancy. Rent equivalent

£13,830 per annum.

Location:

• Sought after residential

road

• Good access to Aldershot

and Farnham

• Mainline rail service from

Aldershot to London

Waterloo

• M3 access at junctions 4 & 4a

Description:

• Three storey period semidetached

house

• Sold subject to tenancies

• Configured as 1 bedroom

ground floor maisonette

and a 3 bedroom split level

maisonette

Accommodation:

Comprises a communal

entrance hall to

11 York Crescent:

Living room, dining room,

bedroom, kitchen, bathroom

11a York Crescent:

Stairs to first floor, living room,

bedroom, bathroom, kitchen,

stairs to second floor with 2

bedrooms, exclusive use of

rear garden

Outside:

Off road parking to front, rear

garden used exclusively by

11a York Crescent

EPC rating:

11 York Crescent = D

11a York Crescent = G

Tenure: Freehold

Tenancies:

11 York Crescent is let on an

assured shorthold tenancy

from August 2014 for a rent of

£600 pcm.

11a York Crescent is a regulated

tenancy with a rent of £552.50

pcm (£6,630 per annum)

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Rushmoor Borough Council

01252 398 398

To view:

Due to the nature of the

tenancies, internal viewings

on this propertywill not be

possible prior to the auction.

We request you do not disturb

the tenants.

Lot 9

167 & 167A, Oxford Road, Reading, Berkshire, RG1 7UZ

A mixed use terraced building arranged over four floors comprising

a ground floor retail unit with a split level flat above. Ideal for letting

investment.

Location:

• Town centre location

• Mainline rail service to

London Paddington

• M4 access at junctions 10,

11 and 12

Description:

• Part vacant

• Freehold investment

opportunity

• Four storey building

• Ground floor shop unit

• 4 bedroom flat requiring

improvement

Accommodation:

Ground floor:

Retail shop unit measuring

approximately 370 sq ft

(34.37 sq m), retail space,

staff room, WC to the rear

First floor:

Entrance hall, living room,

dining room, kitchen, stairs to

Second floor: Bathroom, WC,

3 bedrooms, stairs to

Third floor: Bedroom

Outside:

Rear garden, parking

EPC rating:

E

Tenure:

Freehold

Tenancies:

167a Oxford Road is let on a

licence agreement for a rent

of £3,600 per annum. Further

details are available in the

Legal Pack.

167 Oxford Road is vacant

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Reading Borough Council

0118 937 3787

To view:

Please see viewing schedule

10


Location:

• Good access to Wokingham and

Crowthorne

• Close to town centre

• M4 access at junction 10

• Rail service to Reading and London

Waterloo

Description:

• Requires part refurbishment

• Two storey house

• Good investment potential

Accommodation:

Ground floor:

Entrance hall, living/dining room, kitchen,

utility room, WC, conservatory

First floor:

3 bedrooms, 3 en suite bathrooms

Outside:

Front and rear gardens

EPC rating:

D

Tenure:

Freehold with vacant possession

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Wokingham Borough Council

0118 974 6000

To view:

Please see viewing schedule

79 Waterloo Crescent, Wokingham, Berkshire, RG40 2JJ

A semi-detached house located close to Wokingham town centre that has been

partly refurbished and requires completion. Ideal for owner occupation or letting

investment. Suitable for cash buyers only.

Lot 10

11


Lot 00 4 11

8 Woods Road, Caversham, Reading, Berkshire, RG4 6NA

For development. A detached house with planning permission for demolition of the

existing dwelling and erection of a detached house and garage, located in a popular

residential area.

Location:

• Good access to Caversham,

Sonning and Henley-on-Thames

• Excellent access to Reading town

centre

• Approximately 2.5 miles from

Reading mainline crossrail train

station

• Good access to M4

Description:

• Detached house for replacement

• Planning for detached three storey

house

• Established residential location

Planning:

Full planning permission was granted

by Reading Borough Council on 15th

August 2013 for the erection of a 5

bedroom detached house with garage

following the demolition of the existing

dwelling, application number 130487/

FUL. Plans are available in the Legal

Pack or from Reading Borough Council

website.

Existing accommodation:

Ground floor: Hall, living room, dining

room, kitchen, bathroom

First floor: 3 bedrooms

EPC rating:

E

Outside:

Shed/store room, front and rear

gardens, parking space

Proposed new house:

Approximately 1,812 sq ft (1,68.32

sq m) net internal area excluding the

garage

Ground floor: Entrance hall, cloakroom,

living room, dining room, kitchen/

breakfast room, utility room

First floor: Master bedroom with

en-suite dressing room and shower

room, bedroom 2 with en-suite

bathroom, bedroom 3/study, family

bathroom

Second floor: 2 bedrooms

Outside:

Single integral garage, front and rear

gardens

Tenure:

Freehold with vacant possession

Please note:

A 60 day completion period is available.

We understand from the seller that all

106 contributions will be paid by the

owner of the adjacent plot, building

conditions (apart from materials) have

been passed and building regulations

have been signed.

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Reading Borough Council

0118 937 3787

To view:

Viewings by appointment only.

Please call 01344 753 120

Rear elevation

12


Location:

• Town centre location

• Mainline rail service to London

Waterloo

• M25 access at junction 10

Description:

• Vacant office

• Prior approval for residential use

• Accommodation over two floors

• Secure courtyard location

Accommodation:

Gross internal area 1,458 sq ft

(136 sq m)

Ground floor flat: Open plan office,

WC’s, storage cupboard, kitchenette

First floor: Office, WC, shower room

Outside:

Secure courtyard, parking, store

Permitted development:

Permitted development prior

approval was granted by Guildford

Borough Council, application number

15/W/00131, for the change of use

from use class B1 (a) office to use class

C3 (residential)

EPC rating: E

Tenure:

Freehold with vacant possession

Legal documents:

Visit romans.co.uk/auctions

Local Authority:

Guildford Borough Council

01483 50 50 50

To view:

Viewings by appointment only.

Please call 01344 753 120

The Old Coach House, Wharf Road, Guildford, Surrey, GU1 4RP

A vacant detached office building in the centre of Guildford with permitted

development prior approval to convert to a residential courtyard home. There is further

potential to extend the property, subject to planning permission being granted. Ideal

for owner occupation, builders and developers.

Lot 13 12

13


Lot 13

Land lying to the north west of Kiln Close, Kiln Ride,

Finchampstead, Wokingham, Berkshire, RG40 3EZ

An area of woodland measuring approximately 1.22 acres (0.493

hectares) situated in a residential location.

Location:

• Accessed via Kiln Close

• Situated in Finchampstead,

to the south of Wokingham

• Good access to M4 and

M3

Description:

• An area of woodland

• Ideal for recreational use

• Approximately 1.22 acres

(0.494 hectares)

Local Authority:

Wokingham Borough Council

0118 974 6000

To view:

The site can be viewed at any

reasonable time.

Tenure:

Freehold with vacant

possession

Legal documents:

Visit romans.co.uk/auctions

End of sale

Our next auction is on

Wednesday 23 March

Entries now invited

14


2016

Auction

dates

FEB

WED

MAR

OCT

MAY

24 23 18

JUL

WED

WED

THU

WED

DEC

WED

13 6 7

Entries

now

invited

Freephone

0800

093 9994

email

auctions@

romans.

co.uk

Your Award Winning Full Service Law Firm

Offices in London and Surrey

21-25 Church St. West

Woking

Surrey

GU21 6DJ

www.mackrell.com Tel: 01483 755609

*** Stop Press – Auction Special Offer ***

Buyers’ legal report on any of the auction properties from just £95 + VAT

contact Derek Austin on 01483 755609 or email derek.austin@mtg.uk.net

LAWYERS FOR YOU AND FOR YOUR BUSINESS

15


Important information

Copy legal documentation

For every lot that appears in our catalogue

the seller’s solicitors provide Legal documents

including special conditions of sale, title deeds,

local searches, leases (where applicable),

office copy entries and any other relevant

information. This information is available to

download from our website romans.co.uk/

auctions.

Alternatively you can call 0800 093 9994

and we will forward you a copy by post for a

charge of £30 plus VAT.

For more detailed legal enquiries, please

ask your legal representative to contact the

relevant seller’s solicitors detailed on the

special conditions of sale.

Please see the Notices to Prospective Buyers,

the Conduct of the Auction and also the

Conditions of Sale referred to at the end of the

catalogue in relation to all legal matters.

Before the auction:

A prudent buyer will, before bidding for

a lot at an auction:

• Take professional advice from a

conveyancer and, in appropriate cases, a

chartered surveyor and an accountant;

• Read the conditions;

• Inspect the lot;

• Carry out usual searches and make usual

enquiries;

• Check the content of all available leases

and other documents relating to the lot;

• Check that what is said about the lot in the

catalogue is accurate;

• Have finance available for the deposit and

purchase price;

• Check whether VAT registration and

election is advisable;

The conditions assume that the buyer

has acted like a prudent buyer.

If you choose to buy a lot without taking

these normal precautions you do so at

your own risk.

Please note:

• Cash will not be accepted by way of deposit.

• In addition to the deposit, each successful

buyer will be required to pay the

auctioneers, Romans, a non-refundable

buyers charge of £950 plus VAT = £1,140.

On purchases up to £20,000, the buyers

charge will be £550 plus VAT = £660.

The charge is payable on exchange of

contracts.

• In the event of non-payment of the buyers

charge, a deduction of £950 plus VAT

(£550 plus VAT on purchases below

£20,000) will be made from the amount

received before the balance is applied to the

deposit.

• Any purchaser wishing to buy in a

Company name (Ltd or plc) will be required

to provide the auctioneers with the

company’s registered office address, in

addition to the trading address, if different.

We will also require documentation

confirming the identity of the Company

Managing Director and Company Secretary

(passport etc).

• A VAT receipt, if required, will be issued on

the day after the auction.

16


Common Auction Conditions (Edition 3 August 2009)

Reproduced with the consent of the RICS

This glossary applies to the auction conduct

conditions and the sale conditions.

Wherever it makes sense:

• singular words can be read as plurals, and

plurals as singular words;

• a “person” includes a corporate body;

• words of one gender include the other

genders;

• references to legislation are to that legislation

as it may have been modified or re-enacted

by the date of the auction or the contract

date (as applicable); and

• where the following words printed in bold

black type appear in bold blue type they have

the specified meanings.

Actual completion date

The date when completion takes place or is

treated as taking place for the purposes of

apportionment and calculating interest.

Addendum

An amendment or addition to the conditions or

to the particulars or to both whether contained

in a supplement to the catalogue, a written

notice from the auctioneers or an oral

announcement at the auction.

Agreed completion date

Subject to condition G9.3:

(a) the date specified in the special

conditions; or

(b) if no date is specified, 20 business days

after the contract date; but if that date is not a

business day the first subsequent business

day.

Approved financial institution

Any bank or building society that has signed up

to the Banking Code or Business Banking Code

or is otherwise acceptable to the auctioneers.

Arrears

Arrears of rent and other sums due under the

tenancies and still outstanding on the actual

completion date.

Arrears schedule

The arrears schedule (if any) forming part of the

special conditions.

Auction

The auction advertised in the catalogue.

Auction conduct conditions

The conditions so headed, including any extra

auction conduct conditions.

Auctioneers

The auctioneers at the auction.

Business day

Any day except (a) a Saturday or a Sunday; (b)

a bank holiday in England and Wales; or (c)

Good Friday or Christmas Day.

Buyer

The person who agrees to buy the lot or, if

applicable, that person’s personal

representatives: if two or more are jointly the

buyer their obligations can be enforced against

them jointly or against each of them separately.

Catalogue

The catalogue to which the conditions refer

including any supplement to it.

Completion

Unless otherwise agreed between seller and

buyer (or their

conveyancers) the occasion when both seller

and buyer have complied with their obligations

under the contract and the balance of the

price is unconditionally received in the seller’s

conveyancer’s client account.

Condition

One of the auction conduct conditions or

sales conditions.

Contract

The contract by which the seller agrees to sell

and the buyer agrees to buy the lot.

Contract date

The date of the auction or, if the lot is not sold

at the auction:

(a) the date of the sale memorandum signed

by both the seller and buyer; or

(b) if contracts are exchanged, the date of

exchange. If exchange is not effected in person

or by an irrevocable agreement to exchange

made by telephone, fax or electronic mail the

date of exchange is the date on which both

parts have been signed and posted or

otherwise placed beyond normal retrieval.

Documents

Documents of title (including, if title is registered,

the entries on the register and the title plan) and

other documents listed or referred to in the

special conditions relating to the lot.

Financial charge

A charge to secure a loan or other financial

indebtness (not including a rentcharge).

General conditions

That part of the sale conditions so headed,

including any extra

general conditions.

Interest rate

If not specified in the special conditions, 4%

above the base rate from time to time of

Barclays Bank plc. (The interest rate will also

apply to judgment debts, if applicable.)

Lot

Each separate property described in the

catalogue or (as the case may be) the property

that the seller has agreed to sell and the buyer

to buy (including chattels, if any).

Old arrears

Arrears due under any of the tenancies that

are not “new tenancies” as defined by the

Landlord and Tenant (Covenants) Act 1995.

Particulars

The section of the catalogue that contains

descriptions of each lot (as varied by any

addendum).

Practitioner

An insolvency practitioner for the purposes of

the Insolvency Act 1986 (or, in relation to

jurisdictions outside the United Kingdom, any

similar official).

Price

The price that the buyer agrees to pay for the

lot.

Ready to complete

Ready, willing and able to complete: if

completion would enable the seller to

discharge all financial charges secured on the

lot that have to be discharged by completion,

then those outstanding financial charges do not

prevent the seller from being ready to

complete.

Sale conditions

The general conditions as varied by any

special conditions or addendum.

Sale memorandum

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.

Seller

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.

Special conditions

Those of the sale conditions so headed that

relate to the lot.

Tenancies

Tenancies, leases, licences to occupy and

agreements for lease and any documents

varying or supplemental to them.

Tenancy schedule

The tenancy schedule (if any) forming part of the

special conditions.

Transfer

Transfer includes a conveyance or assignment

(and “to transfer” includes “to convey” or “to

assign”).

TUPE

The Transfer of Undertakings (Protection of

Employment) Regulations 2006.

VAT

Value Added Tax or other tax of a similar nature.

VAT option

An option to tax.

We (and us and our)

The auctioneers.

You (and your)

Someone who has a copy of the catalogue or

who attends or bids at the auction, whether or

not a buyer.

17

Glossary


Auction conduct conditions

A1

Introduction

A1.1 Words in bold blue type have special

meanings, which are defined in the

Glossary.

A1.2 The catalogue is issued only on the

basis that you accept these

auction conduct conditions.

They govern our relationship with

you and cannot be disapplied or

varied by the sale conditions

(even by a condition purporting to

replace the whole of the Common

Auction Conditions). They can be

varied only if we agree.

A2 Our role

A2.1 As agents for each seller we have

authority to:

(a) prepare the catalogue from

information supplied by or on behalf

of each seller;

(b) offer each lot for sale;

(c) sell each lot;

(d) receive and hold deposits;

(e) sign each sale memorandum;

and

(f) treat a contract as repudiated if

the buyer fails to sign a sale

memorandum or pay a deposit as

required by these auction

conduct conditions.

A2.2 Our decision on the conduct of the

auction is final.

A2.3 We may cancel the auction, or alter

the order in which lots are offered

for sale. We may also combine or

divide lots. A lot may be sold or

withdrawn from sale prior to the

auction.

A2.4 You acknowledge that to the extent

permitted by law we owe you no

duty of care and you have no claim

against us for any loss.

A3 Bidding and reserve prices

A3.1 All bids are to be made in pounds

sterling exclusive of any applicable

VAT.

A3.2 We may refuse to accept a bid. We

do not have to explain why.

A3.3 If there is a dispute over bidding we

are entitled to resolve it, and our

decision is final.

A3.4 Unless stated otherwise each lot is

subject to a reserve price (which

may be fixed just before the lot is

offered for sale). If no bid equals or

exceeds that reserve price the lot will

be withdrawn from the auction.

A3.5 Where there is a reserve price the

seller may bid (or ask us or another

agent to bid on the seller’s behalf)

up to the reserve price but may

not make a bid equal to or exceeding

the reserve price. You accept that

it is possible that all bids up to the

reserve price are bids made by or on

behalf of the seller.

A3.6 Where a guide price (or range of

prices) is given that guide is the

minimum price at which, or range of

prices within which, the seller

might be prepared to sell at the date

of the guide price. But guide prices

may change. The last published

guide price will normally be at or

above any reserve price, but not

always – as the seller may fix the

final reserve price just before bidding

commences.

A4 The particulars and other

information

A4.1 We have taken reasonable care to

prepare 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.

A4.2 If the special conditions do not

contain a description of the lot, or

simply refer to the relevant lot

number, you take the risk that the

description contained in the

particulars is incomplete or

inaccurate, as the particulars have

not been prepared by a conveyancer

and are not intended to form part of

a legal contract.

A4.3 The particulars and the sale

conditions may change prior to the

auction and it is your responsibility

to check that you have the correct

versions.

A4.4 If we provide information, or a copy

of a document, provided by others

we do so only on the basis that we

are not responsible for the accuracy

of that information or document.

A5 The contract

A5.1 A successful bid is one we accept as

such (normally on the fall of the

hammer). This condition A5 applies

to you if you make the successful

bid for a lot.

A5.2 You are obliged to buy the lot on the

terms of the sale memorandum

at the price you bid plus VAT (if

applicable).

A5.3 You must before leaving the

auction:

(a) provide all information we reasonably

need from you to enable us to

complete the sale memorandum

(including proof of your identity if

required by us); (b) sign the

completed sale memorandum; and

(c) pay the deposit.

A5.4 If you do not we may either:

(a) as agent for the seller treat that

failure as your repudiation of the

contract and offer the lot for sale

again: the seller may then have a

claim against you for breach of

contract; or

(b) sign the sale memorandum on

your behalf.

A5.5 The deposit:

(a) is to be held as stakeholder where

VAT would be chargeable on the

deposit were it to be held as agent

for the seller, but otherwise is to be

held as stated in the sale

conditions; and

(b) must be paid in pounds sterling

by cheque or by bankers’ draft

made payable to us on an approved

financial institution.

The extra auction conduct conditions

may state if we accept any other

form of payment.

A5.6 We may retain the sale

memorandum signed by or on

behalf of the seller until the deposit

has been received in cleared funds.

A5.7 If the buyer does not comply with its

obligations under the contract

then:

(a) you are personally liable to buy

the lot even if you are acting as an

agent; and

(b) you must indemnify the seller in

respect of any loss the seller incurs

as a result of the buyer’s default.

A5.8 Where the buyer is a company you

warrant that the buyer is properly

constituted and able to buy the lot.

A6

Extra auction conduct

conditions

18


The general conditions (including any extra general

conditions) apply to the contract except to the extent that

they are varied by special conditions or by an addendum.

G1. The lot

G1.1 The lot (including any rights to be granted or

reserved, and any exclusions from it) is described in

the special conditions, or if not so described the lot

is that referred to in the sale memorandum.

G1.2 The lot is sold subject to any tenancies disclosed by

the special conditions, but otherwise with vacant

possession on completion.

G1.3 The lot is sold subject to all matters contained or

referred to in the documents, but excluding any

financial charges: these the seller must discharge

on or before completion.

G1.4 The lot is also sold subject to such of the following

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

contract date and whether or not they are disclosed

by the seller or are apparent from inspection of the

lot or from the documents:

(a) matters registered or capable of registration as

local land charges;

(b) matters registered or capable of registration by

any competent authority or under the provisions of

any statute;

(c) notices, orders, demands, proposals and

requirements of any competent authority;

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

and other matters relating to town and country

planning, highways or public health;

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

wayleaves;

(f) outgoings and other liabilities;

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

the Land Registration Act 2002;

(h) matters that ought to be disclosed by the

searches and enquiries a prudent buyer would

make, whether or not the buyer has made them;

and

(i) anything the seller does not and could not

reasonably know about.

G1.5 Where anything subject to which the lot is sold would

expose the seller to liability the buyer is to comply

with it and indemnify the seller against that liability.

G1.6 The seller must notify the buyer of any notices,

orders, demands, proposals and requirements of

any competent authority of which it learns after the

contract date but the buyer must comply with them

and keep the seller indemnified.

G1.7 The lot does not include any tenant’s or trade fixtures

or fittings.

G1.8 Where chattels are included in the lot the buyer takes

them as they are at completion and the seller is not

liable if they are not fit for use.

G1.9 The buyer buys with full knowledge of:

(a) the documents, whether or not the buyer has

read them; and

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

reasonably be discovered on inspection of it,

whether or not the buyer has inspected it.

G1.10 The buyer is not to rely on the information contained

in the particulars but may rely on the seller’s

conveyancer’s written replies to preliminary enquiries

to the extent stated in those replies.

G2. Deposit

G2.1 The amount of the deposit is the greater of:

(a) any minimum deposit stated in the auction

conduct conditions (or the total price, if this is

less than that minimum); and

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

price).

G2.2 The deposit

(a) must be paid in pounds sterling by cheque or

banker’s draft drawn on an approved financial

institution (or by any other means of payment

that the auctioneers may accept); and

(b) is to be held as stakeholder unless the auction

conduct conditions provide that it is to be held

as agent for the seller.

G2.3 Where the auctioneers hold the deposit as

stakeholder they are authorised to release it

(and interest on it if applicable) to the seller on

completion or, if completion does not take place,

to the person entitled to it under the sale conditions.

G2.4 If a cheque for all or part of the deposit is not cleared

on first presentation the seller may treat the contract

as at an end and bring a claim against the buyer for

breach of contract.

G2.5 Interest earned on the deposit belongs to the seller

unless the sale conditions provide otherwise.

G3. Between contract and completion

G3.1 Unless the special conditions state otherwise,

the seller is to insure the lot from and including the

contract date to completion and:

(a) produce to the buyer on request all relevant

insurance details;

(b) pay the premiums when due;

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

premium, use reasonable endeavours to increase

the sum insured or make other changes to the

policy;

(d) at the request of the buyer use reasonable

endeavours to have the buyer’s interest noted

on the policy if it does not cover a contracting

purchaser;

(e) unless otherwise agreed, cancel the insurance at

completion, apply for a refund of premium and

(subject to the rights of any tenant or other third

party) pay that refund to the buyer; and

(f) (subject to the rights of any tenant or other third

party) hold on trust for the buyer any insurance

payments that the seller receives in respect of

loss or damage arising after the contract date or

assign to the buyer the benefit of any claim;

and the buyer must on completion reimburse to

the seller the cost of that insurance (to the extent not

already paid by the buyer or a tenant or other third

party) for the period from and including the contract

date to completion.

G3.2 No damage to or destruction of the lot nor any

deterioration in its condition, however caused,

entitles the buyer to any reduction in price, or to

delay completion, or to refuse to complete.

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

apply.

G3.4 Unless the buyer is already lawfully in occupation of

the lot the buyer has no right to enter into occupation

prior to completion.

G4. Title and identity

G4.1 Unless condition G4.2 applies, the buyer accepts

the title of the seller to the lot as at the contract

date and may raise no requisition or objection except

in relation to any matter that occurs after the contract

date.

G4.2 If any of the documents is not made available before

the auction the following provisions apply:

(a) The buyer may raise no requisition on or objection

to any of the documents that is made available

before the auction.

(b) If the lot is registered land the seller is to give

to the buyer within five business days of the

contract date an official copy of the entries on

the register and title plan and, where noted on the

register, of all documents subject to which the lot

is being sold.

(c) If the lot is not registered land the seller is to

give to the buyer within five business days an

abstract or epitome of title starting from the root

of title mentioned in the special conditions (or, if

none is mentioned, a good root of title more than

fifteen years old) and must produce to the buyer

the original or an examined copy of every relevant

document.

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

consist of copies of:

(i) the application for registration of title made to

the land registry;

(ii) the documents accompanying that

application;

(iii) evidence that all applicable stamp duty land tax

relating to that application has been paid; and

(iv) a letter under which the seller or its

conveyancer agrees to use all reasonable

endeavours to answer any requisitions raised by

the land registry and to instruct the land registry to

send the completed registration documents to the

buyer.

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

requisitions on any title information more than

seven business days after that information has

been given to the buyer.

G4.3 Unless otherwise stated in the special conditions

the seller sells with full title guarantee except that

(and the transfer shall so provide):

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

Property (Miscellaneous Provisions) Act 1994 shall

not extend to matters recorded in registers open

to public inspection; these are to be treated as

within the actual knowledge of the buyer; and

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

Property (Miscellaneous Provisions) Act 1994 shall

not extend to any condition or tenant’s obligation

relating to the state or condition of the lot where

the lot is leasehold property.

G4.4 The transfer is to have effect as if expressly subject

to all matters subject to 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 requisition in relation to,

any prior or superior title even if it is referred to in the

documents.

G4.6 The seller (and, if relevant, the buyer) must produce

to each other such confirmation of, or evidence

of, their identity and that of their mortgagees and

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

able to comply with applicable Land Registry Rules

when making application for registration of the

transaction to which the conditions apply.

G5. Transfer

G5.1 Unless a form of transfer is prescribed by the

special conditions:

(a) the buyer must supply a draft transfer to the

seller at least ten business days before the

agreed completion date and the engrossment

(signed as a deed by the buyer if condition G5.2

applies) five business days before that date or (if

later) two business days after the draft has been

approved by the seller; and

(b) the seller must approve or revise the draft

transfer within five business days of receiving it

from the buyer.

G5.2 If the seller remains liable in any respect in relation

to the lot (or a tenancy) following completion the

buyer is specifically to covenant in the transfer to

indemnify the seller against that liability.

G5.3 The seller cannot be required to transfer the lot to

anyone other than the buyer, or by more than one

transfer.

G6. Completion

G6.1 Completion is to take place at the offices of the

seller’s conveyancer, or where the seller may

reasonably require, on the agreed completion date.

The seller can only be required to complete on a

business day and between the hours of 0930 and

1700.

G6.2 The amount payable on completion is the balance of

the price adjusted to take account of apportionments

plus (if applicable) VAT and interest.

G6.3 Payment is to be made in pounds sterling and only by:

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

account; and

(b) the release of any deposit held by a stakeholder.

G6.4 Unless the seller and the buyer otherwise agree,

completion cannot take place until both have

complied with their obligations under the contract

and the balance of the price is unconditionally

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

G6.5 If completion takes place after 1400 hours for a

reason other than the seller’s default it is to be

treated, for the purposes of apportionment and

calculating interest, as if it had taken place on the next

business day.

G6.6 Where applicable the contract remains in force

following completion.

G7. Notice to complete

G7.1 The seller or the buyer may on or after the agreed

completion date but before completion give the

other notice to complete within ten business days

(excluding the date on which the notice is given)

making time of the essence.

G7.2 The person giving the notice must be ready to

complete.

G7.3 If the buyer fails to comply with a notice to complete

the seller may, without affecting any other remedy

the seller has:

(a) terminate the contract;

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

stakeholder;

(c) forfeit the deposit and any interest on it;

(d) resell the lot; and

(e) claim damages from the buyer.

G7.4 If the seller fails to comply with a notice to complete

the buyer may, without affecting any other remedy

the buyer has:

(a) terminate the contract; and

(b) recover the deposit and any interest on it from the

seller or, if applicable, a stakeholder.

G8. If the contract is brought to an end

If the contract is lawfully brought to an end:

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

and appoints the seller its agent to cancel any

registration of the contract; and

(b) the seller must return the deposit and any interest

on it to the buyer (and the buyer may claim it from

the stakeholder, if applicable) unless the seller

19

General conditions of sale


is entitled to forfeit the deposit under condition

G7.3.

G9. Landlord’s licence

G9.1 Where the lot is or includes leasehold land and

licence to assign is required this condition G9

applies.

G9.2 The contract is conditional on that licence being

obtained, by way of formal licence if that is what the

landlord lawfully requires.

G9.3 The agreed completion date is not to be earlier

than the date five business days after the seller

has given notice to the buyer that licence has been

obtained.

G9.4 The seller must:

(a) use all reasonable endeavours to obtain the

licence at the seller’s expense; and

(b) enter into any authorised guarantee agreement

properly required.

G9.5 The buyer must:

(a) promptly provide references and other relevant

information; and

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

G9.6 If within three months of the contract date (or

such longer period as the seller and buyer agree)

the licence has not been obtained the seller or the

buyer may (if not then in breach of any obligation

under this condition G9) by notice to the other

terminate the contract at any time before licence

is obtained. That termination is without prejudice to

the claims of either seller or buyer for breach of this

condition G9.

G10. Interest and apportionments

G10.1 If the actual completion date is after the agreed

completion date for any reason other than the

seller’s default the buyer must pay interest at the

interest rate on the price (less any deposit paid)

from the agreed completion date up to and

including the actual completion date.

G10.2 Subject to condition G11 the seller is not obliged

to apportion or account for any sum at completion

unless the seller has received that sum in cleared

funds. The seller must pay to the buyer after

completion any sum to which the buyer is entitled

that the seller subsequently receives in cleared

funds.

G10.3 Income and outgoings are to be apportioned at

actual completion date unless:

(a) the buyer is liable to pay interest; and

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

time up to completion requiring apportionment

on the date from which interest becomes payable

by the buyer;

in which event income and outgoings are to be

apportioned on the date from which interest

becomes payable by the buyer.

G10.4 Apportionments are to be calculated on the basis

that:

(a) the seller receives income and is liable for

outgoings for the whole of the day on which

apportionment is to be made;

(b) annual income and expenditure accrues at an

equal daily rate assuming 365 days in a year, and

income and expenditure relating to some other

period accrues at an equal daily rate during the

period to which it relates; and

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

at completion apportionment is to be made by

reference to a reasonable estimate and further

payment is to be made by seller or buyer as

appropriate within five business days of the date

when the amount is known.

G11. Arrears

Part 1 Current rent

G11.1 “Current rent” means, in respect of each of the

tenancies subject to which the lot is sold, the

instalment of rent and other sums payable by

the tenant in advance on the most recent rent

payment date on or within four months preceding

completion.

G11.2 If on completion there are any arrears of current

rent the buyer must pay them, whether or not

details of those arrears are given in the special

conditions.

G11.3 Parts 2 and 3 of this condition G11 do not apply to

arrears of current rent.

Part 2 Buyer to pay for arrears

G11.4 Part 2 of this condition G11 applies where the

special conditions give details of arrears.

G11.5 The buyer is on completion to pay, in addition to

any other money then due, an amount equal to all

arrears of which details are set out in the special

conditions.

G11.6 If those arrears are not old arrears the seller is to

assign to the buyer all rights that the seller has to

recover those arrears.

Part 3 Buyer not to pay for arrears

G11.7 Part 3 of this condition G11 applies where the

special conditions:

(a) so state; or

(b) give no details of any arrears.

G11.8 While any arrears due to the seller remain unpaid

the buyer must:

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

management but need not take legal proceedings

or forfeit the tenancy;

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

of receipt in cleared funds (plus interest at the

interest rate calculated on a daily basis for each

subsequent day’s delay in payment);

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

to the seller or as the seller may direct the

right to demand and sue for old arrears, such

assignment to be in such form as the seller’s

conveyancer may reasonably require;

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

conveyancer to have on loan the counterpart of

any tenancy against an undertaking to hold it to

the buyer’s order;

(e) not without the consent of the seller release

any tenant or surety from liability to pay arrears

or accept a surrender of or forfeit any tenancy

under which arrears are due; and

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

of all arrears obtain from the buyer’s successor

in title a covenant in favour of the seller in similar

form to part 3 of this condition G11.

G11.9 Where the seller has the right to recover arrears it

must not without the buyer’s written consent bring

insolvency proceedings against a tenant or seek the

removal of goods from the lot.

G12. Management

G12.1 This condition G12 applies where the lot is sold

subject to tenancies.

G12.2 The seller is to manage the lot in accordance

with its standard management policies pending

completion.

G12.3 The seller must consult the buyer on all

management issues that would affect the buyer

after completion (such as, but not limited to, an

application for licence; a rent review; a variation,

surrender, agreement to surrender or proposed

forfeiture of a tenancy; or a new tenancy or

agreement to grant a new tenancy) and:

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

reasonable requirements unless to do so would

(but for the indemnity in paragraph (c)) expose

the seller to a liability that the seller would not

otherwise have, in which case the seller may act

reasonably in such a way as to avoid that liability;

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

intended act and the buyer does not object

within five business days giving reasons for

the objection the seller may act as the seller

intends; and

(c) the buyer is to indemnify the seller against all

loss or liability the seller incurs through acting as

the buyer requires, or by reason of delay caused

by the buyer.

G13. Rent deposits

G13.1 This condition G13 applies where the seller is

holding or otherwise entitled to money by way of rent

deposit in respect of a tenancy. In this condition

G13 “rent deposit deed” means the deed or other

document under which the rent deposit is held.

G13.2 If the rent deposit is not assignable the seller must

on completion hold the rent deposit on trust for the

buyer and, subject to the terms of the rent deposit

deed, comply at the cost of the buyer with the

buyer’s lawful instructions.

G13.3 Otherwise the seller must on completion pay and

assign its interest in the rent deposit to the buyer

under an assignment in which the buyer covenants

with the seller to:

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

conditions in the rent deposit deed and indemnify

the seller in respect of any breach;

(b) give notice of assignment to the tenant; and

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

required by the rent deposit deed.

G14. VAT

G14.1 Where a sale condition requires money to be paid

or other consideration to be given, the payer must

also pay any VAT that is chargeable on that money

or consideration, but only if given a valid VAT invoice.

G14.2 Where the special conditions state that no VAT

option has been made the seller confirms that none

has been made by it or by any company in the same

VAT group nor will be prior to completion.

G15. Transfer as a going concern

G15.1 Where the special conditions so state:

(a) the seller and the buyer intend, and will take all

practicable steps (short of an appeal) to procure,

that the sale is treated as a transfer of a going

concern; and

(b) this condition G15 applies.

G15.2 The seller confirms that the seller

(a) is registered for VAT, either in the seller’s name

or as a member of the same VAT group; and

(b) has (unless the sale is a standard-rated supply)

made in relation to the lot a VAT option that

remains valid and will not be revoked before

completion.

G15.3 The buyer confirms that:

(a) it is registered for VAT, either in the buyer’s name

or as a member of a VAT group;

(b) it has made, or will make before completion,

a VAT option in relation to the lot and will not

revoke it before or within three months after

completion;

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

Provisions) Order 1995 does not apply to it; and

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

person.

G15.4 The buyer is to give to the seller as early as possible

before the agreed completion date evidence:

(a) of the buyer’s VAT registration;

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

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

to HM Revenue and Customs;

and if it does not produce the relevant evidence

at least two business days before the agreed

completion date, condition G14.1 applies at

completion.

G15.5 The buyer confirms that after completion the buyer

intends to:

(a) retain and manage the lot for the buyer’s own

benefit as a continuing business as a going

concern subject to and with the benefit of the

tenancies; and

(b) collect the rents payable under the tenancies

and charge VAT on them

G15.6 If, after completion, it is found that the sale of the

lot is not a transfer of a going concern then:

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

conveyancer of that finding and provide a VAT

invoice in respect of the sale of the lot;

(b) the buyer must within five business days of

receipt of the VAT invoice pay to the seller the

VAT due; and

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

complied with this condition G15, the buyer

must pay and indemnify the seller against all

costs, interest, penalties or surcharges that the

seller incurs as a result.

G16. Capital allowances

G16.1 This condition G16 applies where the special

conditions state that there are capital allowances

available in respect of the lot.

G16.2 The seller is promptly to supply to the buyer all

information reasonably required by the buyer

in connection with the buyer’s claim for capital

allowances.

G16.3 The value to be attributed to those items on which

capital allowances may be claimed is set out in the

special conditions.

G16.4 The seller and buyer agree:

(a) to make an election on completion under

Section 198 of the Capital Allowances Act 2001

to give effect to this condition G16; and

(b) to submit the value specified in the special

conditions to HM Revenue and Customs for the

purposes of their respective capital allowance

computations.

G17. Maintenance agreements

G17.1 The seller agrees to use reasonable endeavours to

transfer to the buyer, at the buyer’s cost, the benefit

of the maintenance agreements specified in the

special conditions.

G17.2 The buyer must assume, and indemnify the seller in

respect of, all liability under such contracts from the

actual completion date.

20


G18. Landlord and Tenant Act 1987

G18.1 This condition G18 applies where the sale is a

relevant disposal for the purposes of part I of the

Landlord and Tenant Act 1987.

G18.2 The seller warrants that the seller has complied with

sections 5B and 7 of that Act and that the requisite

majority of qualifying tenants has not accepted the

offer.

G19. Sale by practitioner

G19.1 This condition G19 applies where the sale is by

a practitioner either as seller or as agent of the

seller.

G19.2 The practitioner has been duly appointed and is

empowered to sell the lot.

G19.3 Neither the practitioner nor the firm or any member

of the firm to which the practitioner belongs has

any personal liability in connection with the sale or

the performance of the seller’s obligations. The

transfer is to include a declaration excluding that

personal liability.

G19.4 The lot is sold:

(a) in its condition at completion;

(b) for such title as the seller may have; and

(c) with no title guarantee;

and the buyer has no right to terminate the contract

or any other remedy if information provided about the

lot is inaccurate, incomplete or missing.

G19.5 Where relevant:

(a) the documents must include certified copies

of those under which the practitioner is

appointed, the document of appointment and the

practitioner’s acceptance of appointment; and

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

lender exercising its power of sale under the Law

of Property Act 1925.

G19.6 The buyer understands this condition G19 and

agrees that it is fair in the circumstances of a sale by a

practitioner.

G20. TUPE

G20.1 If the special conditions state “There are no

employees to which TUPE applies”, this is a warranty

by the seller to this effect.

G20.2 If the special conditions do not state “There are

no employees to which TUPE applies” the following

paragraphs apply:

(a) The seller must notify the buyer of those

employees whose contracts of employment

will transfer to the buyer on completion (the

“Transferring Employees”). This notification must

be given to the buyer not less than 14 days

before completion.

(b) The buyer confirms that it will comply with

its obligations under TUPE and any special

conditions in respect of the Transferring

Employees.

(c) The buyer and the seller acknowledge that

pursuant and subject to TUPE, the contracts of

employment between the Transferring Employees

and the seller will transfer to the buyer on

completion.

(d) The buyer is to keep the seller indemnified

against all liability for the Transferring Employees

after completion.

G21. Environmental

G21.1 This condition G21 only applies where the special

conditions so provide.

G21.2 The seller has made available such reports as the

seller has as to the environmental condition of the

lot and has given the buyer the opportunity to carry

out investigations (whether or not the buyer has read

those reports or carried out any investigation) and the

buyer admits that the price takes into account the

environmental condition of the lot.

G21.3 The buyer agrees to indemnify the seller in respect

of all liability for or resulting from the environmental

condition of the lot.

G22. Service Charge

G22.1 This condition G22 applies where the lot is sold

subject to tenancies that include service charge

provisions.

G22.2 No apportionment is to be made at completion in

respect of service charges.

G22.3 Within two months after completion the seller

must provide to the buyer a detailed service charge

account for the service charge year current on

completion showing:

(a) service charge expenditure attributable to each

tenancy;

(b) payments on account of service charge received

from each tenant;

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

been received;

(d) any service charge expenditure that is not

attributable to any tenancy and is for that reason

irrecoverable.

G22.4 In respect of each tenancy, if the service charge

account shows that:

(a) payments on account (whether received or

still then due from a tenant) exceed attributable

service charge expenditure, the seller must pay

to the buyer an amount equal to the excess when

it provides the service charge account;

(b) attributable service charge expenditure exceeds

payments on account (whether those payments

have been received or are still then due), the

buyer must use all reasonable endeavours to

recover the shortfall from the tenant at the next

service charge reconciliation date and pay the

amount so recovered to the seller within five

business days of receipt in cleared funds;

but in respect of payments on account that are still

due from a tenant condition G11 (arrears) applies.

G22.5 In respect of service charge expenditure that is not

attributable to any tenancy the seller must pay the

expenditure incurred in respect of the period before

actual completion date and the buyer must pay

the expenditure incurred in respect of the period after

actual completion date. Any necessary monetary

adjustment is to be made within five business days

of the seller providing the service charge account to

the buyer.

G22.6 If the seller holds any reserve or sinking fund on

account of future service charge expenditure or a

depreciation fund:

(a) the seller must pay it (including any interest

earned on it) to the buyer on completion; and

(b) the buyer must covenant with the seller to hold

it in accordance with the terms of the tenancies

and to indemnify the seller if it does not do so.

G23. Rent reviews

G23.1 This condition G23 applies where the lot is sold

subject to a tenancy under which a rent review due

on or before the actual completion date has not

been agreed or determined.

G23.2 The seller may continue negotiations or rent review

proceedings up to the actual completion date

but may not agree the level of the revised rent or

commence rent review proceedings without the

written consent of the buyer, such consent not to be

unreasonably withheld or delayed.

G23.3 Following completion the buyer must complete

rent review negotiations or proceedings as soon as

reasonably practicable but may not agree the level

of the revised rent without the written consent of

the seller, such consent not to be unreasonably

withheld or delayed.

G23.4 The seller must promptly:

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

negotiations and proceedings, including copies of

all correspondence and other papers; and

(b) use all reasonable endeavours to substitute

the buyer for the seller in any rent review

proceedings.

G23.5 The seller and the buyer are to keep each other

informed of the progress of the rent review and have

regard to any proposals the other makes in relation to

it.

G23.6 When the rent review has been agreed or determined

the buyer must account to the seller for any

increased rent and interest recovered from the tenant

that relates to the seller’s period of ownership within

five business days of receipt of cleared funds.

G23.7 If a rent review is agreed or determined before

completion but the increased rent and any interest

recoverable from the tenant has not been received

by completion the increased rent and any interest

recoverable is to be treated as arrears.

G23.8 The seller and the buyer are to bear their own

costs in relation to rent review negotiations and

proceedings.

G24. Tenancy renewals

G24.1 This condition G24 applies where the tenant under

a tenancy has the right to remain in occupation

under part II of the Landlord and Tenant Act 1954

(as amended) and references to notices and

proceedings are to notices and proceedings under

that Act.

G24.2 Where practicable, without exposing the seller to

liability or penalty, the seller must not without the

written consent of the buyer (which the buyer must

not unreasonably withhold or delay) serve or respond

to any notice or begin or continue any proceedings.

G24.3 If the seller receives a notice the seller must send

a copy to the buyer within five business days and

act as the buyer reasonably directs in relation to it.

G24.4 Following completion the buyer must:

(a) with the co-operation of the seller take

immediate steps to substitute itself as a party to

any proceedings;

(b) use all reasonable endeavours to conclude any

proceedings or negotiations for the renewal of the

tenancy and the determination of any interim rent

as soon as reasonably practicable at the best rent

or rents reasonably obtainable; and

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

(whether as interim rent or under the renewed

tenancy) account to the seller for the part of

that increase that relates to the seller’s period of

ownership of the lot within five business days of

receipt of cleared funds.

G24.5 The seller and the buyer are to bear their own costs

in relation to the renewal of the tenancy and any

proceedings relating to this.

G25. Warranties

G25.1 Available warranties are listed in the special

conditions.

G25.2 Where a warranty is assignable the seller must:

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

notice of assignment to the person who gave the

warranty; and

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

all reasonable endeavours to obtain) any consent

to assign that is required. If consent has not been

obtained by completion the warranty must be

assigned within five business days after the

consent has been obtained.

G25.3 If a warranty is not assignable the seller must after

completion:

(a) hold the warranty on trust for the buyer; and

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

lawful instructions of the buyer in relation to the

warranty as do not place the seller in breach of

its terms or expose the seller to any liability or

penalty.

G26. No assignment

The buyer must not assign, mortgage or otherwise

transfer or part with the whole or any part of the

buyer’s interest under this contract.

G27. Registration at the Land Registry

G27.1 This condition G27.1 applies where the lot is

leasehold and its sale either triggers first registration

or is a registrable disposition. The buyer must at its

own expense and as soon as practicable:

(a) procure that it becomes registered at Land

Registry as proprietor of the lot;

(b) procure that all rights granted and reserved by

the lease under which the lot is held are properly

noted against the affected titles; and

(c) provide the seller with an official copy of the

register relating to such lease showing itself

registered as proprietor.

G27.2 This condition G27.2 applies where the lot

comprises part of a registered title. The buyer must

at its own expense and as soon as practicable:

(a) apply for registration of the transfer;

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

plan for the buyer’s new title; and

(c) join in any representations the seller may properly

make to Land Registry relating to the application.

G28. Notices and other communications

G28.1 All communications, including notices, must be in

writing. Communication to or by the seller or the

buyer may be given to or by their conveyancers.

G28.2 A communication may be relied on if:

(a) delivered by hand; or

(b) made electronically and personally acknowledged

(automatic acknowledgement does not count); or

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

person to whom it is to be given (as specified in

the sale memorandum) by a postal service that

offers normally to deliver mail the next following

business day.

G28.3 A communication is to be treated as received:

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

(b) when personally acknowledged, if made

electronically; but if delivered or made after 1700

hours on a business day a communication is to

be treated as received on the next business day.

G28.4 A communication sent by a postal service that

offers normally to deliver mail the next following

business day will be treated as received on the

second business day after it has been posted.

G29. Contracts (Rights of Third Parties) Act 1999

No one is intended to have any benefit under the

contract pursuant to the Contract (Rights of Third

Parties) Act 1999.

21


G30. Extra Conditions of Sale

G30.1. Variation of Glossary

G30.1.1 An approved financial institution is a member

of CHAPS Limited that is a UK bank or building

society that has signed up to the Banking Code or

is otherwise acceptable to the auctioneers.

G30.1.2 The interest rate, if not specified in the special

conditions, is 5% above the base rate from

time to time of Barclays Bank plc.

G30.1.3 The bidder is the person to whom the lot is

knocked down and who actually bids for the

lot.

G30.1.4 The included items means all fixtures and fittings

(except tenant’s and trade fixtures and fittings)

and, where relevant and applicable, any other

furniture, furnishings, plant, machinery, pipes,

wires or other conducting media or any other

equipment or other items expressed to be

included in the sale of the lot.

G30.2. Variation of General Conditions

G30.2.1 The following shall be added to general

condition G1.4:

“(j) all matters that are unregistered interests

which fall within any of the paragraphs of

Schedules 1 and 3 of the Land Registration

Act 2002 and all such unregistered interests

as affect the lot to the extent that they are

preserved by the transitional provisions of

Schedule 12 of the Land Registration Act

2002”.

G30.2.2 General Condition G2.2(b) shall be deleted

and be replaced by the following:

“will be held by the auctioneers as stakeholder

unless the special conditions provide

otherwise”.

G30.2.3 General Condition G2.3 shall be deleted and

replaced by the following:

“G2.3 Where the Auctioneers hold the deposit

as stakeholder:

(a) The Buyer hereby irrevocably authorises

the Auctioneer to release such deposit to

the Seller’s conveyancer upon receipt by the

Auctioneers of written confirmation from the

Seller’s conveyancer that Completion has taken

place and, for the avoidance of doubt, upon the

Auctioneers releasing the deposit, their liability

as stakeholder shall be discharged;

(b) If completion does not take place the Seller

and the Buyer hereby irrevocably authorise the

Auctioneers to release it to the person entitled

to it under the Sale Conditions;

G30.2.4 General condition G2.4 shall be deleted and

shall be replaced by the following:

“If the instrument of payment of the deposit

is not honoured on first presentation or if the

buyer fails to pay the deposit the seller shall

have the option of rescinding the contract or

affirming the contract and if the seller affirms

the contract then either:

G30.2.4.1 the seller may determine the contract and

forfeit the deposit, which shall remain due

to the seller, and in addition the buyer shall

remain liable on his instrument of payment; or

G30.2.4.2 the seller may seek performance of the

contract and in either case if the seller brings

the contract to an end such an act will be

without prejudice to his right to bring a claim

against the buyer for breach of contract.

G30.2.5 In general condition G6.5 the word “1400”

shall be deleted and replaced by the word

“1300”.

G30.2.6 In general condition G7.1 the words “on

or after” shall be deleted and replaced by the

words “at any time after 1300 hours on”.

G30.2.7 In general condition G8(b) the words “and

any interest on it” shall be deleted.

G30.2.8 The words “(less any deposit paid)” shall be

deleted from general condition G10.1.

G30.2.9 The words “In addition, the seller shall be

entitled to receive income in respect of the lot

during any period of delay in completion up to

the actual completion date” shall be added

to general condition G10.1.

G30.2.10 The words “subject to the buyer providing such

security against loss or liability as the seller

shall reasonably require” shall be inserted at the

beginning of general condition G12.3(a).

G30.2.11 In general condition G12.3(b) the words

“business days” shall be deleted and replaced

by the words “business days (or such shorter

period as the seller shall reasonably stipulate)”.

G30.3. Conditions of Sale

G30.3.1 The buyer shall be deemed to have full

knowledge of the conditions (copies of which

are available for inspection at the offices of the

auctioneers and the seller’s conveyancer during

business hours and in the sale room).

G30.3.2 If there is any conflict between these conditions

and the special conditions, the special

conditions shall prevail.

G30.3.3 If at any time any of the conditions become

invalid illegal or enforceable in any respect

under any law the validity illegality and

enforceability of the remaining conditions shall

not be in any way affected or impaired thereby.

G30.4. Liabilities of the Bidder

G30.4.1 If the bidder makes a successful bid for the lot,

the bidder shall be deemed to have given a

warranty on the part of himself, the buyer and

anyone signing the sale memorandum on

behalf of the buyer:

G30.4.1.1 that the bidder (or anyone signing on behalf of

the buyer) has the express authority to do so

and to bind the buyer; and

G30.4.1.2 that the instrument of payment of the deposit

will be honoured on first presentation and within

3 business days of presentation.

G30.4.2 In consideration of the seller entering into

the contract at the request of the bidder,

the bidder shall be jointly and severally liable

with the buyer to observe and perform the

terms of the contract notwithstanding that

the bidder purports to act as agent for the

buyer and despite purporting to sign the sale

memorandum on behalf of the buyer.

G30.4.3 If the buyer shall be a company then:

G30.4.3.1 the contract shall have been entered into at

the request of the bidder;

G30.4.3.2 the bidder warrants that the buyer is a

properly constituted company of good standing

with the power to purchase any estate or

interest in land in England and Wales and that

the bidder has been duly authorised by the

buyer to bind the buyer to purchase the lot;

G30.4.3.3 the bidder guarantees to the seller that:

G30.4.3.3.1 the bidder shall within 5 business days of

any request by the seller produce to the seller

such evidence as he may require to confirm the

warranties given by the bidder;

G30.4.3.3.2 the buyer will observe and perform its

obligations under the contract to purchase

the lot and the bidder will make good to and

keep the seller indemnified against all losses,

costs, actions, damages and expenses of the

seller arising as a result of the buyer failing to

observe its obligations under the contract and

the liabilities of the bidder under this provision

shall not be released by any delay on the part

of the seller in enforcing the contract against

the buyer or by giving any time to the buyer in

which to perform its obligations;

G30.4.3.3.3 If any liquidator of the buyer shall disclaim

the contract then the seller may within 60

business days of receiving notification of such

disclaimer give 10 business days notice to the

bidder requiring the bidder to complete the

contract as if the bidder were the buyer and

upon the same terms and conditions of the

contract (including the payment of all interest

and costs stipulated in the conditions).

G30.5. Tenancies

G30.5.1 This condition applies where the lot is sold

subject to tenancies.

G30.5.2 The buyer shall accept such evidence or

information of the terms of the tenancies as

the seller can supply.

G30.5.3 No representation is made by the seller that

the rents stated in the particulars or the

conditions are being paid or are properly

payable, only that they are the rents actually

payable to the seller.

G30.5.4 The buyer will satisfy himself before the

auction as to the correctness of all rents and

as to whether they are properly payable.

G30.5.5 The buyer shall purchase the lot subject to

any sub-tenancies regardless of whether they

have been disclosed in the particulars or the

conditions.

G30.6. Sale by Private Treaty

The seller reserves the right to sell any part of

the lot by private treaty before the auction.

G30.7. Alterations to Particulars

The seller reserves the right to alter or add

to the particulars and/or the conditions

applicable to the lot at any time prior to the

auction.

G30.8. Limitation of liability of the Auctioneers

G30.8.1 or the avoidance of doubt, the liability of the

Auctioneers or any of its parent companies

subsidiaries, affiliates, third party service

providers, licensors, officers, directors or

employees is not excluded or limited for death

or personal injury resulting from its negligence,

for fraudulent misrepresentation, or in relation

to any other liability that may not by applicable

law be excluded or limited.

G30.8.2 Subject to clause G30.8.1, neither the

Auctioneers nor any of its parent companies,

subsidiaries, affiliates, third party service

providers, licensors, officers, directors or

employees accepts any liability under or in

relation to these Conditions or the Lot (whether

such liability arises due to negligence, breach

of contract, misrepresentation or for any other

reason) for any loss of profits; loss of sales or

turnover; loss of business; loss of, or loss of

use of, any software and/or data; loss of or

damage to reputation; loss of opportunity;

loss of information; loss of anticipated savings;

lost or wasted time; indirect loss or damage;

consequential loss or damage; or special loss

or damage even if the Auctioneers or any of

its parent companies, subsidiaries, affiliates,

service providers, licensors, officers, directors

or employees have been advised of the

possibility of such loss and for the purposes

of this clause the term “loss” includes a partial

loss or reduction in value as well as a complete

or total loss.

G30.9. Included Items

The buyer shall satisfy himself as to the

ownership of all included items before

making a bid for the lot. In addition, the buyer

shall satisfy himself as to whether or not any

included items are owned by the seller or

any tenants of the lot or are on hire or hire

purchase from any relevant supply company.

The seller accepts no responsibility in respect

of payments that may be outstanding in

respect of them or any responsibility or liability

in the matter whatsoever.

G30.10. Release of Seller from Covenants in Leases

G30.10.1 This condition applies where the lot is sold

subject to tenancies and the provisions of

the Landlord and Tenant (Covenants) Act

1995 apply and references to notices and

proceedings are to notices and proceedings

under that Act.

G30.10.2 The seller may within the period commencing

on the date of the sale memorandum up

to completion serve notice on any tenant of

the lot in accordance with the Act requesting

a complete release of the seller from future

liability under the lessor covenants contained in

any relevant tenancies.

G30.10.3 If the seller serves any such notice the seller

shall use reasonable endeavours to obtain

such a release without being obliged to apply

to the court for a declaration and the buyer

agrees promptly to supply at the buyer’s cost

such information as the seller reasonably

requires to satisfy the tenant under any relevant

tenancy or the court that it is reasonable to

grant the release requested.

G30.10.4 If the seller fails to obtain any such release

from the said covenants by completion or

does not serve any such notice then, in the

transfer, the buyer shall covenant with the

seller:

G30.10.4.1 to serve notice in writing on the seller on

completion or within 5 business days after

completion of the transfer of the lot or any part

of it by the buyer to any transferee of the buyer

G30.10.4.2 until such time (if ever) that the seller is

released from the lessor’s covenants in any

relevant tenancy, the buyer will obtain a

covenant from his transferee in favour of the

seller in identical form (mutatis mutandis)

to this clause and the parties will apply to

the Chief Land Registrar to enter in the

Proprietorship Register of the title to the lot a

restriction preventing the registration of any

further transfer of the lot except under an

Order of the Registrar unless the application

is accompanied by a certificate by the

solicitors of the registered proprietor stating

either that the provisions of this clause have

been performed or that the seller has been

fully released from future liability under the

covenants contained in any relevant tenancy.

22


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Please select a method of bidding: Proxy

Date of auction

Lot number

Address of lot

Maximum bid price

£

in words

Bidder contact details

Full name

Address

Telephone no

Home

Mobile

Business

Telephone

Details for completion of sale memorandum

Full name, address and telephone number of the buyer

(i.e. the person, firm or company who is intended to be the

owner of the property.

Full name

Address

Telephone no

Fax no

Email

Buyer’s solicitor details

Contact

Name of firm

Address

Telephone no

Fax no

Registration form for proxy or telephone bidding

Please indicate preferred number to be contacted for

telephone bid

Deposit

Please enclose a bankers draft only.

Identification

Please supply a copy of your passport or driving licence and a

utility bill.

I enclose a bankers draft made payable to Romans for 10%

deposit of my maximum bid (minimum £4,000, if the sale

price is less than £40,000, unless specified otherwise in

special conditions).

Signature of prospective buyer or person signing on

buyer’s behalf

Name

Full name and address of signatory if different from buyer’s

details above

£ enclosed within

I also enclose a separate cheque for £950 plus VAT = £1,140

(£550 plus VAT = £660 on purchases below £20,000)

payable to Romans in respect of the buyers charge.

I instruct and authorise Romans to bid on my behalf in

accordance with the terms and conditions printed on the

reverse of this page and I understand that should my bid be

successful the offer will be binding upon me and that I will

be legally bound by the applicable Conditions of Sale and

any addenda applicable to the property and by the terms

of the Notices to Prospective Buyers. Romans will bid on

my behalf if required, taking my instructions in this respect

on the telephone when the relevant lot is being sold at

the auction. I authorise you to record such bidding and

instructions in order to avoid any doubts and disputes.

Date of signature

Please return to Simon Clayton, Romans Auctions,

Crowthorne House, Nine Mile Ride, Wokingham RG40 3GZ.

To be received no later than one working day prior to the

auction. For further information please contact

0800 093 9994 or email: auctions@romans.co.uk

To be completed by Romans Auctions in the event that the

bidder is successful:

Sale price: £

23


Terms and conditions for remote buyers

These terms and conditions apply

to and are binding upon all remote

prospective buyers whether by proxy or

telephone.

1. A prospective buyer should complete

and sign the registration form overleaf. In

particular the prospective proxy buyer should

complete the form showing the maximum

price exclusive of Value Added Tax which the

prospective buyer authorises the auctioneer to

bid for a particular lot.

The maximum price to which the auctioneer

is authorised to bid must be an exact figure

(accordingly wording such as “£100 over

the highest bid in the room” will not be

acceptable). The auctioneer reserves the

right not to bid on behalf of the prospective

buyer should there be any error or confusion

in respect of these instructions or the

accompanying deposit.

A separate form must be completed for each

lot for which a prospective buyer requires the

auctioneer to bid.

The completed form or forms, together with

a copy of a driving licence or passport and

utility bill must be delivered to Simon Clayton,

Romans Auctions, Crowthorne House, Nine

MIle Ride, Wokingham RG40 3GZ by hand

or post so that it is not received less than 24

hours prior to the time of the commencement

of the auction at which the particular lot is

to be sold. The commencement time of the

auction is shown in the catalogue.

Any agreement to alter any proxy or telephone

bidding form at any time prior to, or on the

day of the auction, must be in writing.

2. The prospective proxy buyer appoints

the auctioneer as agent and authorises the

auctioneer to bid for the relevant lot on behalf

of the prospective buyer in such manner

as the auctioneer thinks fit in his absolute

discretion.

3. The prospective buyer shall be considered

to have inspected the auction catalogue for

the relevant lot, all conditions of sale, notices

to prospective buyers and also any addenda

relating to the lot and have full knowledge

thereof in accordance with the terms and

conditions of the auction catalogue. Romans,

or any person authorised by Romans will sign

any memorandum or contract incorporating

such matters on behalf of the relevant parties.

4. Prospective proxy and telephone

buyers should send with this form

a bankers draft drawn on a United

Kingdom branch of a bank representing

10% of the maximum price to which

the prospective buyer wishes the

auctioneer to bid (minimum £4,000,

if the sale price is less than £40,000,

unless specified otherwise in special

conditions). Where the particular lot is

purchased below the maximum bid figure the

balance of the deposit will be considered as

an additional deposit towards the purchase

price and the prospective buyer authorises

the auctioneer to retain the same for such

purpose.

5. The prospective buyer may in writing only

at any time up to the commencement of the

auction in which the particular lot is to be sold

withdraw the auctioneer’s authority to bid. It is

the prospective buyers responsibility to ensure

that the auctioneer personally receives such

instructions and he should check to ensure

such instructions have been received.

6. Unless the relevant lot is sold to the

prospective buyer the amount of the

prospective buyer’s bid will not be disclosed

to the seller or any other person either during

or after the sale without the consent of the

prospective buyer.

7. The auctioneer reserves the right to bid

himself or through an agent up to the reserve

price for the particular lot.

8. The auctioneer will make no charge

to a prospective buyer for this service

and will accept no liability whatsoever for

any bid not being made on behalf of the

prospective buyer whether through lack of

clarity of instructions or for any other reason

whatsoever. Prospective telephone buyers

will not hold Romans liable for any loss or

claims relating to the telephone bidding

system or the interruption or suspension

of these services. The prospective buyer

will be advised if the relevant lot has been

successfully purchased on his behalf as soon

as possible after the auction. Where the lot

has not been purchased the prospective

buyer will be notified by post and the deposit

returned as soon as reasonably possible. For

the avoidance of doubt, Romans shall not be

obliged to account to the prospective buyer

for any interest accrued on such deposit.

9. Prospective buyers are advised to

telephone the auction department of

Romans ( 0800 093 9994) between 8.30am

and 10.30am on the day of the auction to

ensure that there are no amendments to the

particulars of sale or conditions relating to

the relevant lot or other matters relating to

it. The prospective buyer will be deemed to

have knowledge of such amendments and

will buy subject to them in any event. If the

prospective buyer does not telephone and

any such amendments have been made,

the auctioneer may in his absolute discretion

decide not to bid for the relevant lot on the

prospective buyer’s behalf or refuse to accept

bids by or on behalf of prospective buyers

and the auctioneer will not be responsible for

any losses, costs or damages incurred by the

prospective buyer as a result thereof.

10. Should the prospective buyer wish to bid

at the auction in person or through an agent,

such intention must be notified in writing to

the auctioneer in person prior to the lot being

offered for sale. In this case, the auctioneer

will not make any bids on behalf of the

prospective buyer.

11. Prospective buyers are advised in

respect of telephone bids that should they

become disconnected during bidding or are

unobtainable Romans will bid or continue

to bid on behalf of the prospective buyer

up to the maximum amount of the signed

authorisation.

12. Personal cheques will not be

accepted for proxy and telephone bids.

Please send your deposit in the form

of banker’s draft only, made payable to

Romans.

13. The Money Laundering Regulations

As a requirement under this legislation,

any person buying or bidding at auction,

MUST produce documentation to confirm

their name and residential address.

You must provide one document from each

list on page 5 of this catalogue.

14. Romans is the trading name of

The Romans Group (UK) Limited,

Registered address:

Crowthorne House

Nine Mile Ride

Wokingham, Berkshire,

RG40 3GZ.

Registered in England 2161874,

VAT 757216127

24


24 February 2016

It is confirmed that the below mentioned is/are the successful buyer and/or bidder in respect of the lot detailed below and

is/are bound by the particulars and conditions of sale including the addenda in accordance with and subject to and with the

benefit thereof. It is agreed that the person(s) and firm(s) or corporation(s) referred to below will sign or procure the signature

of any memorandum or contract relating to the lot. If the memorandum or contract is not signed, Romans or the auctioneer

or any person authorised by them will sign any memorandum or contract incorporating such matters on behalf of the

relevant parties.

Buyers slip

1 Lot number

2 Purchase price £

3 Amount paid Deposit £

Buyers charge £950 plus VAT = £1140 (£550 plus VAT = £660 on purchases up to £20,000)

Total required £

4 Buyer’s details

(block capitals please)

(Please give full name, address

and telephone number of the

person, firm or company who

is intended to be the owner of

the property)

Name

Address

Town and postcode

Telephone

email

5 Bidder’s details

(if different from above)

(Please give full name, address

and telephone number of the

person making the

successful bid)

Name

Address

Town and postcode

Telephone

6 Buyer’s / bidder’s ID

Driver’s licence / passport / other

(please specify)

Number

7 Solicitor acting

(for legal correspondence)

Name

Address

Town and postcode

Telephone

8 Signature

Are you:

Owner occupier?

Investor?

Builder?

Developer?

Other?

(please state)

Did you respond to:

Estates Gazette?

Local press advertisement?

Sale board?

Direct mail marketing?

Other?

(please state)

25


Sale memorandum

Sale memorandum

Date

Name and address of seller

Name and address of buyer

24 February 2016

The lot

The price ( excluding any VAT)

Deposit paid

The seller agrees to sell and the buyer agrees to buy the lot for the price.

This agreement is subject to the sale conditions so far as they apply to the lot

We acknowledge receipt of the deposit

Signed by the buyer

Signed by us as agent for the seller

The buyer’s conveyancer is

Name

Address

Contact

The seller’s conveyancer is

Name

Address

Contact

26


These Notices are intended to assist you as

a prospective Buyer. Legal matters in the

UK can be complex and so the Notices, the

Common Auction Conditions printed towards

the back of this catalogue and any other

conditions, documents or matters affecting

the Lot you are interested in should be read

and considered carefully. Whilst the Sellers

of the Lots described in this catalogue have

used reasonable efforts to ensure that Lots are

correctly described, we strongly recommend

that you arrange for your professional advisors

to consider and advise you on all aspects of

your intended purchase.

1. Particulars of Sales

Measurements and areas referred to in

the catalogue particulars are approximate

only. It is your responsibility to check the

following matters in respect of each Lot

you are interested in before the Auction:

All measurements

Areas

The exact description and location of the

Lot

Details of any leases affecting the Lot

Whether any fixtures, fittings and contents

referred to in the catalogue particulars are

owned by the Seller

The current occupiers at and/or trading

from the Lot

The structural condition of the Lot and any

possible contamination or pollution of the

Lot

You are advised to check these matters

by:

Personally inspecting the Lot

Arranging to have the Lot professionally

surveyed

Arranging for an environmental survey to

be carried out in respect of the Lot

Making enquiries with the Auctioneers,

the Seller and the Seller’s professional

advisors

Making relevant searches and enquiries

with all appropriate authorities

2. Plans and Photographs

2.1 The plans and photographs shown

in the catalogue are included in order

to assist you in locating the Lot in

question. Similarly, any arrows on plans

or photographs are merely to assist you

in finding the Lot, not for the purpose of

indicating legal boundaries

2.2 The plans and photographs shown in the

catalogue do not form part of a contract of

sale relating to any of the Lots

2.3 Plans in the catalogue are reproduced

photographically and are not to scale so

the Auctioneers cannot guarantee that

they are accurate

2.4 The Auctioneers cannot guarantee:

That photographs show the current

occupier(s) of the Lot

That any occupiers are trading or are

actually in occupation of the relevant Lot

The state of repair and condition of the Lot

That any entities are shown in any street

trader plan are still trading or are still in

actual occupation of the Lot

2.5 Maps are Crown copyright; all rights

reserved; licence number 100020449; and

are for identification purposes only

3. Inspection and Vacant Possession

3.1 If you want to inspect the Lot before the

Auction, it may be possible to arrange

this with the Auctioneers on prior notice

and you should therefore contact them in

advance of the auction

3.2 Keys to Lots that are offered for sale

with vacant possession will normally be

made available to you on completion of

the sale. However, access to the Lot for

the purpose of inspection and/or carrying

out a survey might be available prior

to completion subject to obtaining the

Seller’s permission (you should approach

the Auctioneers about this)

3.3 You will be responsible for paying the cost

of any accompanied viewing of the Lot

prior to completion

4. Structure, Contamination and

Equipment

4.1 Neither the Auctioneers nor the Seller can

guarantee:

The structural condition of the Lot

The state or condition of any fixtures,

fittings or other items stated to be included

in the sale of the Lot

Whether or not the Lot or any fixtures,

fittings, or other equipment have been

properly or adequately constructed or are

suitable for their purpose

Whether or not there is any contamination

or pollution affecting the Lot or affecting

any other property in the neighbourhood

Whether or not the Lot complies with

any relevant legislation relating to the

environment, contamination, pollution or

dangerous substances

5. Conditions of Sale

5.1 If you are the successful Buyer of any

Lot, you will – from the moment the

Auctioneer’s gavel falls – become legally

bound by the Conditions of Sale in relation

to that Lot

5.2 It will be assumed that you have read and

considered the Conditions of sale and

any other relevant documents for the Lot

(s) you are interested in before the day of

the Auction, that you have shown them to

your professional advisors before bidding

5.3 The conditions of Sale consist of the

following:

These notices to prospective buyers

The Common Auction Conditions printed

towards the back of this catalogue or (in

the case of Scottish Lots) Articles of Roup

The Special Conditions of Sale for the

Lot (not printed in the catalogue but

obtainable from the Seller’s solicitors or

the Auctioneers)

Any addendum, or addenda relating to the

Lot

The Common Auction Conditions relate to

Lots situated in England and Wales and

contain the following sections:

Glossary – this gives special meaning to

certain words used in other parts of the

catalogue

Conduct of the Auction – these conditions

regulate the conduct of the Auction. If you

read the catalogue or attend the Auction,

you do so on the basis that you accept

them

General Conditions – these apply to

all Lots in England and Wales unless

otherwise stated

Extra Conditions – these are printed

towards the back of this catalogue and

also apply to all Lots in England and Wales

unless otherwise stated

5.4 An addendum will be available before

and will be distributed at the Auction.

This important document will detail any

corrections, amendments and/or additions

to the particulars and Conditions of Sale

for any of the Lots. It will be assumed that

you have read the Addendum before the

bidding.

5.5 Please note that some or all of the

Conditions of Sale relating to certain

Lots might be contained in a separate

catalogue or might be obtainable

separately from the Seller’s solicitors or

the Auctioneers

6. Liability of Bidder

6.1 If you bid at the Auction, you will be

personally liable in respect of any

accepted bid. This will be the case even

if you bid as agent or representative for

another agent

6.2 If you bid as agent or representative then

you and the person or organisation on

whose behalf you have bid will be jointly

and severally liable under the contract

of sale or (in the case of Scottish Lots)

minutes of enactment for the Lot

6.3 You (and your principal if you are bidding

as agent or representative) and, where

applicable, the nominee appointed by

qualifying tenants under the provisions of

the Landlord & Tenant Act 1987 and/or

the Housing Act 1996 will be jointly and

severally liable to pay the buyer’s charge

mentioned in the Auctioneer’s Pre-Sale

Announcements printed towards the front

of this catalogue

7. Order of Sale, Sales Prior to Auction

and Withdrawn Lots

7.1 Lots will be offered for sale at the Auction

in accordance with the Order of Sale

which will be distributed at the Auction.

It will provide details of all Lots that have

been sold prior to or withdrawn from sale

7.2 The Auctioneers have the right to sell Lots

or to withdraw Lots without giving reason

at any time before the sale begins

7.3 You should contact the Auctioneers before

the Auction to check whether any Lots

have been sold prior or withdrawn

7.4 Neither the Auctioneers nor the Seller will

have any responsibility towards you in

relation to any loss or wasted costs that

you may incur in respect of Lots sold

prior or withdrawn

8. Guide Prices and Reserves

8.1 The Auctioneers will publish a guide

price list when the catalogue is issued.

The guide price is also listed on the

website and other marketing material.

The guide price indicates the level of the

sellers reserve and minimum expectation

of the sale price.

8.2 The Auctioneers have not carried

out valuations for any of the Lots to

be offered for sale at the Auction.

Consequently, you must not treat the

published guide price for a Lot as

being a valuation of that Lot. Similarly,

you must not treat any estimate or

suggestion as to the price for which the

Lot might be sold or as to the price that

you might consider bidding for any Lot

as being a valuation of that Lot

8.3 Neither the Auctioneers nor the Seller

can accept any responsibility for any

loss, damage or cost that you might

incur as a result of relying on any guide,

estimate or suggestion as to price given

in respect of any Lot

8.4 You are strongly advised to consult your

own professional advisors regarding the

accuracy of the guide price and/or any

estimate or suggestion as to price given

by the Auctioneers in respect of any Lot

8.5 The guide price list is updated regularly

by the Auctioneers leading up to

the Auction. You should contact the

Auctioneers to find out whether any

alterations have been made to the guide

price(s) for the Lot(s) you are interested

in

8.6 The reserve price will be set by the seller

for the lot at any time up to the time that

the auction begins and may be subject

to change

8.7 The reserve price may be lower than the

guide price.

8.8 The majority of Lots will be offered for

sale subject to a reserve price. Any

exceptions will be announced on the day

of the Auction

9. Rents and Information Relating to

Tenants

9.1 Financial and other information given

in the catalogue particulars for any Lot

relating to tenants or other occupiers of

the Lot is obtained from the Companies

Registry (whose files are open to public

inspection and verification) or from

published reports and accounts of the

tenant or tenant’s holding company,

unless otherwise stated

9.2 The Auctioneers obtain this information

during compilation of the catalogue.

Some of the information shown in the

catalogue may be at least 2 years out of

date depending on when returns were

last filed at the

Companies Registry or on when the

tenant’s corporate accounts and report

were last published. In addition, the

circumstances of any tenants or other

occupiers of the Lot might have changed

since compilation of the catalogue, for

example as to ownership. There is no

guarantee therefore that the information

shown in the catalogue is accurate or up

to date as at the date of the Auction

9.3 It is your responsibility to check whether

or not the catalogue particulars are

accurate in relation to such matters

9.4 Estimates or suggestions given by the

Auctioneers as to current or future

rental values affecting any Lot or as to

the current or future open market rental

value of the whole or any part of the Lot

must not be treated as valuations buy

only as estimates. You must consult your

own professional advisors to establish

whether such estimates or suggestions

are accurate

10. Procedures on Sale of the Lot

10.1 If a Lot is ‘knocked down’ to you by the

Auctioneer, a legally binding contract

is immediately created. The terms of

the contract will be those set out in the

Conditions of Sale referred to above

10.2 After the Lot is knocked down to you,

you will be given a buyer’s slip which

you must complete with all required

information. You will be asked to

produce some form of identification such

as a driver’s license or passport

10.3 When completing the buyer’s slip, you

must specifically name the person or

organisation that is to be the Buyer of

the Lot. Lots cannot be transferred to

an unnamed buyer. References in the

Buyer’s slip to the Buyer’s ‘nominees’,

‘associates’ or similar terms are not

acceptable. Unless you obtain the

Seller’s prior consent, the Lot can only

be transferred to the Buyer named in the

Buyer’s slip and Sale Memorandum

10.4 If you do not complete the Buyer’s slip

or pay the deposit, the Auctioneers have

the right to re-offer the Lot for sale and

to treat you (and your principal if you are

bidding as agent or representative) as

being in breach of contract. Even if the

Lot is re-offered for sale, the Seller might

have a legal right of action against you

for the breach of contract

10.5 When you have completed the Buyer’s

slip and paid the deposit, you will be

given a card showing the number of the

Lot you have bought and the sale price.

It is imperative that you do not lose this

card

10.6 The Auctioneers will prepare the contract

of sale in duplicate. Before leaving the

Auction room, you must attend the

contracts desk situated in the Auction

room where you must produce the Lot

card referred to above and sign your

part of the contract. You will then be

given the duplicate copy of the contract,

signed on behalf of the Seller, in

exchange

10.7 Usually, the Lot will be at your risk from

the moment it is knocked down to you

by the Auctioneer which means that you

should immediately arrange for it to be

insured. If this is not the case, it should

be made clear in the Special Conditions

of Sale for the Lot. If you are in any

doubt, you should make enquires with

the Seller’s solicitor

11. Deposit

11.1 If a Lot is knocked down to you, you

must pay the deposit which is 10% of

the sale price subject to a minimum

of £4,000 (if the sale price is less

than £40,000). The amount of the

deposit might be altered by the Special

Conditions of Sale for the Lot so you

should check them carefully before the

Auction

11.2 The deposit must be given to the

Auctioneer’s clerk together with the

completed buyer’s slip and the buyers

charge

11.3 If you buy more than one Lot, you will need

to pay a separate deposit for each Lot

11.4 Banker’s drafts must be drawn on UK

sterling accounts only and on a bank or

branch of a bank in the UK, failing which,

cheques may be rejected

11.5 Cash deposits, credit/debit cards and

bank transfers are not accepted in any

circumstances

11.6 Deposit cheques are accepted on the

basis that there are adequate cleared

funds in the account upon which the

cheque is drawn. The Seller may take

action against you if your cheque is not

honoured on first presentation. You are

therefore strongly advised to ensure that

there are adequate funds available in the

account to meet any deposit cheque(s)

that are drawn as a result of the Auction

11.7 All deposit cheques should be made

payable to Romans unless the Special

Conditions state otherwise

12. VAT

12.1 This note applies where VAT is payable

on the sale of the Lot and the deposit

is payable to the Auctioneers as agent

for the Seller. If you wish to treat the

transaction as the transfer of a going

concern as referred to in General

Condition 15 of the Common Auction

Conditions, you must notify the VAT

authorities before the date of the auction

12.2 For the avoidance of doubt, the above

note does not apply where the Lot is

sold subject to VAT but the deposit

is payable to the Auctioneers as

stakeholder

12.3 In certain circumstances, the provisions

of General Condition 15 of the Common

Auction Conditions do not apply in any

event, including where the transaction

is the grant of a new lease of the Lot to

the Buyer. You are strongly advised to

consult your own professional advisors

about this before the Auction

13. Buyer’s Charge

13.1 Each successful buyer will be required

to pay the auctioneers, Romans, a

non-refundable buyers charge of £950

plus VAT = £1,140. On purchases up to

£20,000, the buyers charge will be £550

plus VAT = £660. The fee is payable on

exchange of contracts.

Notices to prospective buyers

27


1

2

3

Auction dates for 2016:

Wednesday 24 February

Wednesday 23 March

Wednesday 18 May

Wednesday 13 July

Thursday 6 October

Wednesday 7 December

1 Berkshire, Surrey & Oxfordshire

Head Office:

Crowthorne House, Nine Mile Ride

Wokingham

Berkshire RG40 3GZ

2 Middlesex & Buckinghamshire

UK House, 82 Heath Road

Twickenham

Middlesex TW1 4BW

3 Hampshire

Anchor House, School Lane,

Chandlers Ford

Southampton

Hampshire SO53 4DY

Contacts:

Simon Clayton

sclayton@romans.co.uk

Gareth Bell

gbell@romans.co.uk

Mark Wallis

mwallis@romans.co.uk

Daniel Gale

dgale@romans.co.uk

Freephone: 0800 093 9994

email: auctions@romans.co.uk

twitter.com/romansauctions

romans.co.uk/auctions

facebook.com/romansestateagents

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