Property Auction
Transcription
Property Auction
Established 1921 www.nesbits.co.uk Property Auction CATALOGUE Thursday 22nd September 2016 at 11am to be held at The Mountbatten Room, Royal Marines Museum, Eastney Esplanade, Southsea, Hampshire PO4 9PX Chartered Surveyors • Auctioneers • Estate Agents • Valuers 023 9286 4321 Auction Results 2015 (inc. pre-and post-Auction) 88.75% 25th February 2016 80% 21st April 2016 100% 28th June 2016 78% Welcome to the September Auction Catalogue After the Referendum, at least we know where we are, or do we? One consequence of the result is a drop in interest rates. If you are a borrower – you have never had it so good; if you are a saver – you have never had it so bad! As always, the property market and prices reflect Auction Venue Our Property Auction Sales are held in The Mountbatten Room, Royal Marines Museum Southsea - Seafront entrance and car park. Important note: Parking charges will apply. demand and a purchaser’s ability to complete. Our whole economy relies on property. Where we live, work or play involves land and buildings. The new Government has a new focus on maintaining our economy. There will be changes, and opportunities, but a property remains a Why not visit the museum after our sales? Contact information Head Office: 7 Clarendon Road, Southsea, Hampshire PO5 2ED Tel: 023 9286 4321 Fax: 023 9229 5522 Email: [email protected] [email protected] [email protected] sound investment for occupation or letting. In respect of those properties entered for September, Robin Evans comments: One of our most varied and interesting sales sees another intriguing mix this month – from lockup garage to Gothic-style family house; from the northern fringe of Portsea Island (Lot 3, Newney Close) to our off-shore neighbour, The Isle of Wight (Lot 5, Market Hill, Cowes). Something for everyone! Our next Property Auction is November 17th 2016 To be held at: The Royal Marines Museum, Southsea ENTRIES INVITED 1 www.nesbits.co.uk DAVID NESBIT IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 Order of Sale (Unless previously sold) Lot Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 POSTPONED Lot 12 Lot 13 Lot 14 Address Guide Price Garage 6, Southsea Terrace, Southsea PO5 3AU Store, 70 Aylesbury Road, Copnor, Portsmouth PO2 7NN 14 Newney Close, Gatcombe Park, Hilsea, Portsmouth PO2 0UH 15 Auckland Road West, Southsea PO5 3NY The Studio, Market Hill, Cowes, Isle of Wight PO31 7TR 100-102 Clarendon Road, Southsea PO4 0SD 104 Clarendon Road, Southsea PO4 0SD 117 Sultan Road, Landport, Portsmouth PO2 7AS 149 Walmer Road, Fratton, Portsmouth PO1 5AT 306 Chichester Road, North End, Portsmouth PO2 0AS 83 Devonshire Avenue, Southsea PO4 9EB 2 Stubbington Avenue, North End, Portsmouth PO2 0HS The Cottage, Clarence Road, Southsea PO5 2LH 2 St Ronans Road, Southsea PO4 0PT £25,000 £55,000 - £65,000 £100,000 - £110,000 £20,000 £170,000 - £190,000 £220,000 - £240,000 £115,000 - £125,000 £120,000 - £130,000 £125,000 - £135,000 £180,000 - £190,000 £220,000 - £225,000 £260,000 - £280,000 £370,000 - £390,000 £450,000 - £475,000 Viewing: By appointment with D.M. Nesbit & Co. - Tel: 023 9286 4321. For Auction results view www.nesbits.co.uk Vendors Solicitors Lot 1 Churchers Bolitho Way, 12 High Street, Fareham PO16 7BL Lot 2 Warner Goodman LLP, Colman House, 2-4 Landport Terrace Portsmouth PO1 2RG Lot 3 Churchers Bolitho Way, 13-18 Kings Road, Southsea PO5 3AL Lot 4 Coffin Mew, 3rd Floor, Cumberland House, 15-17 Cumberland Place, Southampton SO15 2Uf Lot 5 Allens, Pendower House, Cumberland Business Centre, Northumberland Road, Southsea PO5 1DS Lot 6 Warner Goodman LLP, Colman House, 2-4 Landport Terrace Portsmouth PO1 2RG Lot 7 Warner Goodman LLP, Colman House, 2-4 Landport Terrace Portsmouth PO1 2RG Lot 8 Andrew & Andrew, Atlantic House, 114 Kingston Crescent, North End, Portsmouth PO2 8AL Lot 9 Larcomes, 168 London Road, North End, Portsmouth PO2 9DN Lot 10 Stokes, 108 Victoria Road North, Southsea PO5 1QQ Lot 11 Allens, Pendower House, Cumberland Business Park, Lot 12 Warner Goodman LLP, Colman House, 2-4 Landport Terrace Portsmouth PO1 2RG Lot 13 Large & Gibson, Kent House, 49 Kent Road, Southsea PO5 3EJ Lot 14 Bramsdon & Childs, 141 Elm Grove, Southsea PO5 1HR Tel: 01329 822333 Ref: Beverley Woodhouse Tel: 023 9275 3575 Ref: Paul Winslade Tel: 023 9288 2001 Ref: Francis Worsley Tel: 023 8033 4661 Ref: Claire Francis Tel: 023 9282 2411 Ref: John Stephens Tel: 023 9275 3575 Ref: Jane Futrille Tel: 023 9275 3575 Ref: Jane Futrille Tel: 023 9298 9784 Ref: Caroline Banner Tel: 023 9244 8118 Ref: Paul Lee Tel: 023 9282 8131 Ref: Victor Summers Tel: 023 9282 2411 Ref: John Stephens Tel: 023 9275 3575 Ref: Jane Futrille Tel: 023 9229 6296 Ref: Ruth Twiney Tel: 023 9282 1251 Ref: Hannah Rafferty Agents Notes: None of the statements contained in the particulars of the aforementioned properties are to be relied on as statements or representations of facts. The particulars do not form part of any contract. Measurements are approximate IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 2 Government Regulations To comply with the Money Laundering Regulations all purchasers are required by law to provide proof of address and identity when completing the purchase procedures for any property in this sale. Proof of identity Confirmation of address • Any document with photograph issued by an official authority • Current Signed Passport • Current UK Driving Licence or Disabled Driver Pass • EU State ID Card • Home Office Resident Permit • Benefit book or original letter from Benefit Agency • Utility or Council Tax Bill • Official letter - solicitors, benefits agency, etc. • Bank or financial statement • Tenancy document/rent book, etc. • Current T.V. Licence. Your full co-operation will be appreciated Important Notice to purchasers A prudent buyer will, before bidding for any lot at auction 1. Take professional advice from a solicitor or, as appropriate, from a Chartered Surveyor or Accountant, etc. 2. Make an inspection and note the condition and state of repair. 3. Carry out searches (if not already part of the Auction Legal Pack) and make all necessary enquiries. 4. Check the contract of sale, read the conditions of sale, and any leases or documents. Each property is sold on the basis that:The purchaser will sign the contract at the conclusion of the sale. • The purchaser has made financial arrangement to complete the purchase by the completion date. • The purchaser will pay the full 10% deposit to either the Vendor’s Solicitors or the Auctioneers, as directed. In addition, the stated Buyer’s Premium will be payable to the Auctioneers. The conditions assume that the buyer has acted prudently. If you choose to buy any lot without taking these normal precautions, you do so at your own risk. The sale is subject to “Common Auction conditions” produced by the Royal Institution of Chartered Surveyors. 3 www.nesbits.co.uk IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 Information and notes for purchasers 1. Guide Prices 7. Plans & Measurements •G uides are supplied as an indication only of each seller’s minimum expectations, not necessarily the sum at which a particular Lot will sell. They may be subject to change at any point prior to the Auction day. • Each Lot will be offered subject to a reserve price (the sum below which a sale will not take place under the hammer), which we expect to be set within any given bracket guide, or within 10% of a single figure guide. •P lease check our website. All plans and measurements are provided for identification purposes only and to assist purchasers. Their accuracy is not guaranteed and all purchasers should make their own inspections and measurements. 2. Withdrawals/Sales Prior to Auction There is always the possibility that a client may decide to conclude a sale prior to the sale date. Wherever possible, we seek to inform prospective purchasers to avoid expense or wasted journey. Our policy is to offer as many of the properties as possible at the Sale. You are strongly advised to check prior to the Sale that the property in which you are interested is still to be offered at the sale. 3. Bids Prior to Auction 8. Legal Packs Legal paperwork, including Local Searches, Title documents, leases, etc., where appropriate, are available now to be viewed and downloaded on-line via our website (www.nesbits.co.uk) and follow the link within “Property Auctions”. Inspection at our offices is possible by arrangement. 9. Energy Performance Certificates Where applicable, the Energy Performance Certificate (EPC) relating to a particular Lot will be contained within the legal pack and is available either on-line or at the Auctioneers’ office. 10. Freehold Ground Rents Pre-sale bids can only be considered on the basis that there will be an immediate exchange of contracts with the payment of the full 10% deposit. Offers must be made in writing and after the property and the legal pack has been inspected. No bid can be considered if less than 48 hours prior to the Sale. A special procedure with Notices to lessees is required prior to a sale by auction of properties in flats sold on long leases. You should take legal advice. The auction particulars will indicate the current position. 4. Proxy Bidding Any lot sold subject to an additional payment for VAT will be identified and noted within the particulars for any lot. We are willing to exercise bids on behalf of purchasers unable to attend the Sale. The appropriate form of instruction must be completed and lodged with the Auctioneers, together with the appropriate deposit cheque not less than 24 hours prior to the Sale. The Auctioneers accept no responsibility for this service. 5. Purchasers’ Registration Each purchaser is required to provide their full names and address, and of their solicitor or legal representative, together with means of identification. Deposit payments can only be made by cheque, for which cleared funds are available. Cash will not be accepted. The purchaser’s Registration Form must be completed. 6. Inspection & Viewings All properties can be inspected by prior arrangement with the Auctioneers. Properties subject to tenancies can be inspected by prior arrangement only, and at the convenience of the tenants. Block viewings for vacant properties are arranged. IMPORTANT: You are warned that some properties may be in need of repair and maintenance, or are in a defective condition. Such inspections are made at your own risk. 11. Value Added Tax 12. Bidding As noted in the Conditions of Sale, the vendors reserve their right to bid on their behalf, or through their agent or the Auctioneers, up to but not exceeding the reserve price for any lot. 13. Buyers Premium A fee of £350, plus V.A.T., is payable, at the same time as the deposit, upon each lot bought. This will be by way of a separate cheque, made payable to D. M. Nesbit & Co., for which a receipt will be issued. In the event of non-payment, this sum will be deducted from the deposit prior to it being passed on in advance of completion. 14. Building Insurance Each successful buyer acquires a legal interest in the property and should immediately make appropriate building insurance arrangements if the property is freehold. 15. Deposit The purchaser will be required to pay immediately a non-refundable deposit equivalent to 10% of the hammer price. This is acceptable by cheque or bank transfer. Card payment is not available. IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 4 1 5 Garage 6, Southsea Terrace, Southsea PO5 3AU Guide Price: £25,000 Description: Of interest to private individuals and investors - the wellsituated vacant large single lock-up garage. Forming part of a block to the rear of a late-Victorian apartment building, the garage itself is of above-average size, with a replacement corrugated-metal roof, modern up-and-over door, and teak flooring. Measurements: 19’8 x 8’6 (5.99m x 2.59m) Location: Southsea Terrace stands directly opposite The Common, running between Bellevue Terrace and Western Parade. This very convenient position borders Old Portsmouth to the west and is less than half a mile from Southsea Town Centre (Palmerston Road Shopping Precinct). Service Charge: £14.95 per month. www.nesbits.co.uk LEASEHOLD Tenure: 99 years Leasehold from 01.04.2003. (16687/013790) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 2 Store, 70 Aylesbury Road, Copnor, Portsouth PO2 7NN Guide Price: £55,000 - £65,000 Description: Of interest to builders, investors and end-users - a rare opportunity to acquire this end-terrace store/workshop; now requiring refurbishment and with much potential. Broadly contemporary with the neighbouring houses, the premises extend to some 625 sq. ft. over two floors and are of brick construction under a pitched, slate roof. They stand behind an open forecourt fronted by a dropped kerb, whilst to the rear is a small courtyard. Location: Aylesbury Road runs between New Road and Queens Road, the store being on the east side close to the junction with the latter. Within an established residential area, the address places a wide range of public amenities within a radius of some half a mile only, including: local shops, bus services, recreation facilities, and various schools. Planning: The building has no recorded planning history. It has been in our client’s hands for some fifty years. In addition to continuation of its former use it is felt that scope may exist for residential conversion/ replacement, subject to the necessary consent. Interested parties must satisfy themselves upon any and all aspect of future usage through their own enquiry. FREEHOLD staircase to first floor. Square opening from rear elevation to courtyard. FIRST FLOOR 24’4 x 12’8 (7.42m x 3.86m) Access to Loft Space. Door to front elevation with flanking windows. Window to rear elevation. Corner chimney breast. OUTSIDE Front Shallow, open forecourt fronted by a dropped kerb. Rear Small, enclosed courtyard, 15’6 x 7’5 (4.72m x 2.26m), with walled surround. SERVICES There is clear evidence of (past) electricity and water supplies to the premises, possibly gas also. Interested parties must satisfy themselves as to the actual position. SAFETY NOTICE PARTS OF THE PREMISES ARE CONSIDERED UNSAFE. THOSE VIEWING ARE ADVISED TO TAKE PARTICULAR CARE WHEN DOING SO. NO LIABILITY FOR ACCIDENT OR INJURY WILL BE ACCEPTED BY THE VENDOR OR HIS AGENT. Accommodation: (16664/013770) GROUND FLOOR 24’6 x 12’10 (7.47m x 3.91m) Pair of timber vehicular doors to front elevation. Inspection pit. Timber IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 6 3 14 Newney Close, Gatcombe Park, Hilsea, Portsmouth PO2 0UH Guide Price: £100,000 - £110,000 FREEHOLD Description: Of interest to owner-occupiers and investors - the well-situated, newly refurbished 1 bedroom first floor property with private garage, UPVC replacement double-glazing, electric heating, equipped kitchen, and a projected rental yield of 7% gross p.a. Flanked by traditional two-storey houses, and with a pedestrian underpass beneath it, No. 14 has brick and tile-hung elevations under a flat roof. The private lock-up garage is in a nearby block. Having just seen the completion of a comprehensive program of refurbishment, the property is ready for immediate possession and presents now a good opportunity for owner-occupation or lucrative letting. Location: Enjoying a cul-de-sac position immediately off The Ridings, Newney Close forms part of the modern Gatcombe Park residential development positioned between London Road and Copnor Road, a little to the south of Hilsea Roundabout. This is a pleasant and popular location within comfortable reach of a wide range of public amenities. Accommodation: UPVC and obscure double-glazed front door to: GROUND FLOOR LOBBY UPVC and obscure double-glazed window. Stairs and part-glazed door to: FIRST FLOOR LIVING ROOM/KITCHEN 16’3 x 16’2 overall (4.95m x 4.93m) Door to: INNER HALL BATHROOM & W.C. BEDROOM 10’11 x 9’7 (3.33m x 2.92m) OUTSIDE (in underpass) STORE CUPBOARD with circuit breakers. METER CUPBOARD PRIVATE GARAGE (in nearby block) 16’9 x 8’0 (5.11m x 2.44m) EPC ‘C’ 7 www.nesbits.co.uk (16673/013779) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 4 15 Auckland Road West, Southsea PO5 3NY Guide Price: £20,000 FREEHOLD GROUND RENTS Description: Of interest to investors - the FREEHOLD GROUND RENT opportunity producing £400 p. a. currently. £100 p.a., rising after 33 years to £200 p.a., and after a further 33 years to £400 p.a. Location: The Freehold reversion is held upon a substantial late-Victorian corner property well-situated immediately off Southsea Seafront and just a few hundred yards from Palmerston Road Shopping Centre. NOTICE: A Section 5 (Landlord’s Offer Notice: Public Auction) Notice under the Landlord and Tenant Act 1987 has been served upon the leaseholders who have not reserved their right under legislation. The leases grant rights to the freeholder to insure and manage the building. Accommodation: Viewing: EXTERNAL ONLY. Each of 4 flats in the building has been SOLD on a 99 year lease from 29th September 1994 (77 years remaining) at an initial Ground Rent of (16676/13777) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 8 5 The Studio, Market Hill, Cowes, Isle Of Wight PO31 7TR Guide Price: £170,000 - £190,000 Description: Of interest to builders, investors and keen private buyers now requiring comprehensive modernisation, this deceptively spacious and well-situated 2/3 bedroom character property enjoys delightful views to the waterfront, The Solent, and mainland. A rare opportunity with huge potential. Created from the rear part of the former Prince Regent Public House (recorded as built circa 1910), The Studio features painted brick elevations under a pitched tile roof, and stands behind a generous, high-walled courtyard some 47ft x 13ft. The existing layout affords 2 double bedrooms and 3 reception rooms, but lends itself to various alternatives, notably reversal to allow living space to take full advantage of the splendid outlook from the upper floor. Following an appropriate program of refurbishment, this opportunity is considered to have scope for re-sale, lucrative letting, holiday use, or full owner-occupation. Location: Part of an historic Conservation Area, Market Hill runs between Union Road and High Street, placing the property within comfortable walking distance of Cowes old town centre with its marina, ferry terminal, shops and restaurants. Accommodation: FREEHOLD CLOAKROOM & W.C. RECEPTION ONE 13’9 x 10’11 (4.19m x 3.33m) KITCHEN 13’9 x 7’6 (4.19m x 2.29m) RECEPTION TWO 15’0 x 8’1 (4.57m x 2.46m) RECEPTION THREE 12’0 x 11’5 (3.66m x 3.48m) FIRST FLOOR SPACIOUS LANDING Main Area: 8’10 x 7’2 (2.69m x 2.18m) BATHROOM 8’0 x 6’7 (2.44m x 2.01m) Access to Loft Space. SEPARATE W.C. DUAL-ASPECT BEDROOM ONE 14’3 x 15’3 (4.34m x 4.65m) Door to: DUAL-ASPECT BEDROOM TWO 14’0 x 15’3 (4.27m x 4.65m) OUTSIDE Front Generous courtyard garden, 47’0 x 13’8 (14.33m x 4.17m), laid to paving with high-walled surround. EPC ‘F’ (16613/011743) Front door to: ENTRANCE HALL Stairs to First Floor. 9 www.nesbits.co.uk IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 Dack Residential Lettings is one of the leading Independent Letting Agents covering Portsmouth, Southsea and the surrounding area. 023 9289 6996 www.dackresidentiallettings.co.uk 67 Osborne Road, Southsea, Hampshire, PO5 3LS IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 10 Problems with flats Lease extensions The ownership of leasehold residential flats frequently gives rise to disputes. The reducing term of a lease for residential flats can seriously affect values. For independent expert advice – lease extensions, management & service charges or Leasehold Valuation Tribunals, to make you stand out from the rest consult – logo design digital design ...for fresh creative solutions For independent expert advice, valuations and negotiations for lease extensions, consult – website design David Nesbit FRICS FCIArb website development brochures & leaflets RICS advertising Registered Valuer emailer design exhibitions Tel: 023 9286 4321 online marketing t: 0845 834 0906 | e: [email protected] [email protected] 7www.redpixelcreative.co.uk Clarendon Road, Southsea, Hants. PO5 2ED 11 9 www.nesbits.co.uk www.nesbits.co.uk IMPORTANT IMPORTANT NOTICE: NOTICE: A A Buyer’s Buyer’s Premium Premium of of £350 £350 (plus (plus V.A.T.) V.A.T.) per per lot lot will will apply. apply. We We ooffffeerr pprrooxxyy aanndd tteelleepphhoonnee bbiiddddiinngg oonn aallll LLoottss.. FFoorr ffuurrtthheerr iinnffoorrm maattiioonn,, pplleeaassee ccaallll 002233 99228866 44332211 (%$(#/((!"!)''"*!$&')*,##"!)(+-&,(,+ tailoring solutions to your individual needs banking sAccess to a real person seven days a week sReduce your bank fees and charges sHow to improve your credit rating sNew bank accounts opened sReduce your merchant facilities fees sDebt consolidation / management sGeneral advice / consultancy / banking reviews s Maximise credit interest sAssistance with business plans sAccompany to bank meetings sAssistance with complaints sAbility to find the best loan at the best rate from a choice of lenders sBusiness start up loans and overdrafts arranged sBusiness purchases / commercial mortgages sSpecialists in the Enterprise Finance Guarantee loans sFranchise expertise sProperty development and investment loans sAsset finance, factoring and invoice discounting specialists O sFree pension review sWill writing service offered sReferrals to accountants and solicitors sReview your current mortgage to ensure it is on the best rate sNew purchases / remortgages / buy to lets / shared ownership sEquity release sLife cover premium review – are you paying too much? sCritical illness / life cover arranged sPublic liability insurance and all types of general insurance Your home may be repossessed if you do not keep up repayments on your mortgage. Citygold Financial Services Ltd is an approved representative of Intrinsic Financial Services Ltd. Some Buy to Let mortgages are not regulated by the FSA. CITYGOLD FINANCIAL GROUP . ... . IMPORTANT IMPORTANT NOTICE: NOTICE: AABuyer’s Buyer’s Premium Premium of of £350 £350 (plus (plus V.A.T.) V.A.T.) per per lot lot will will apply. apply. wwww.nesbits.co.uk w w .nes bits.co.uk 12 10 6 100-102 Clarendon Road, Southsea PO4 0SD Guide Price: £220,000 - £240,000 LEASEHOLD Description: Of interest to end-users and investors - the vacant long leasehold Ground Floor Offices (Class B1 (a)), some 1800 sq. ft., close to Southsea Seafront and centre. Formerly The Strand Bar (and prior to that the Captains Table restaurant), the lower floor of this substantial late-Victorian building was converted from public house (A4) to the existing offices in 2012 and then significantly re-fitted. In addition to continuation of the existing use it is felt that there may be scope for alternatives. Any change would, of course, be subject to the necessary consents and interested parties are advised to make their own enquiries in this respect. KITCHEN 7’11 x 7’5 (2.41m x 2.26m) STAFF ROOM 21’4 x 7’3 (6.50m x 2.21m) Door to rear yard. Door from Main Office. Location: Clarendon Road runs from Palmerston Road Shopping Centre to South Parade, No. 100-102 being on the south side a short distance from The Strand roundabout. This very convenient location is some 250 yards only from The Seafront and places the wide-ranging public amenities of Central Southsea within a radius of approximately three-quarters of a mile. OUTSIDE 10’0 x 7’10 (3.05m x 2.39m) Covered yard with further small recess off. Currently opening into the courtyard of 104. Accommodation: NOTE 2 Unless the premises are acquired by the same buyer, the existing openings between 100/102 and 104 will be sealed by the Vendors prior to completion. Similarly, radiators within No. 104, which are supplied by the boiler in 100/102, will be disconnected. Panelled front door to LOBBY and through to: MAIN OFFICE 22’11 x 15’2 (6.99m x 4.62m) Communicating door to 104. FRONT OFFICE 1 22’5 x 16’5 (6.83m x 5.00m) Glazed partition and door to Middle Office. FRONT OFFICE 2 13’2 x 7’0 (4.01m x 2.13m) MIDDLE OFFICE 13’3 x 13’10 (4.04m x 4.22m) STORE ROOM 15’1 x 6’9 (4.60m x 2.06m) LADIES TOILET Comprising CLOAKROOM with twin hand basins, plus 2 W.C.s (a third being available if required). GENTS TOILET Comprising Lobby with hand basin, plus 2 cubicles each with low flush W.C. DISABLED TOILET Low flush W.C., hand basin. TOTAL FLOOR AREA 1800 sq ft approx. NOTE 1 The adjacent Freehold Offices at 104 Clarendon Road, in the same ownership, are to be offered in this Auction as Lot 7. Tenure - 999 years leasehold from 01.11.2012 Maintenance Charge - see Legal Pack when available. Ground Rent - see Legal Pack when available. (16671/013776) Door from Main Office to: INNER LOBBY 23’4 x 6’4 (7.11m x 1.93m) 13 www.nesbits.co.uk IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 7 104 Clarendon Road, Southsea PO4 0SD Guide Price: £115,000 - £125,000 FREEHOLD Description: Of interest to end-users and investors - the vacant freehold office premises (Class B1) close to Southsea Seafront and centre. Formerly Southsea Post Office (Class A1) this single-storey period building was refurbished and converted to offices in 2011. In addition to continuation of the existing use it is felt that there may be scope for alternatives, including retail. Any change would, of course, be subject to the necessary consents and interested parties are advised to make their own enquiries in this respect. REAR OFFICE 20’11 x 14’0 (6.38m x 4.27m) LADIES CLOAKROOM GENTS CLOAKROOM Location: Clarendon Road runs from Palmerston Road Shopping Centre to South Parade, No. 104 being on the south side a short distance from The Strand roundabout. This very convenient location is some 250 yards only from The Seafront and places the wide-ranging public amenities of Central Southsea within a radius of approximately three-quarters of a mile. NOTE 1 The adjacent (larger) Ground Floor Offices at 100-102 Clarendon Road, in the same ownership, are to be offered in this Auction as Lot 6. Accommodation: Glazed frontage with flanking pillars and recessed porch having partglazed door to: FRONT OFFICE 34’4 x 13’4 (10.46m x 4.06m) Presently with communicating door to 100/102. Door to: TOTAL FLOOR AREA 738 sq. ft. approx. OUTSIDE 15’5 x 9’11 (4.70m x 3.02m) Enclosed courtyard, laid to paving with walled surround, currently opening in to yard of 100/102. NOTE 2 Unless the premises are acquired by the same buyer, the existing openings between 104 and 100/102 will be sealed by the Vendors prior to completion. Similarly, radiators within 104 will be disconnected from their existing boiler supply situated in the adjacent offices. Commercial EPC ‘D’ (16670/103775) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 14 8 117 Sultan Road, Landport, Portsmouth PO2 7AS Guide Price: £120,000 - £130,000 Description: Of interest to builders, investors and keen owner-occupiers - the 3 bedroom property with 24ft lounge/diner, part gas c.h., majority UPVC double-glazing, wet room and cloakroom; now requiring general modernisation. This inner-terrace character property has brick elevations under a modern tiled roof, the facade incorporating single splay bay window. It stands behind a shallow forecourt whilst to the rear is an average-sized garden. Extended at the rear and the subject of some refurbishment in the relatively recent past, the property now, as stated, is in need of up-dating. Once improved, it will lend itself to owneroccupation or lucrative letting. Location: Sultan Road lies to the west of the main Kingston Road, No. 117 being on the north side a short distance from the junction with Agincourt Road and some half a mile only from Commercial Road Shopping Centre. FREEHOLD WET ROOM & W.C. 5’9 x 5’3 (1.75m x 1.60m) KITCHEN 13’4 x 8’8 (4.06m x 2.64m) FIRST FLOOR LANDING Access to Loft Space. BEDROOM ONE 14’2 x 11’0 (4.32m x 3.35m) BEDROOM TWO 11’10 x 10’9 (3.61m x 3.28m) BEDROOM THREE 8’10 x 7’5 (2.69m x 2.26m) CLOAKROOM & W.C. OUTSIDE Front Shallow forecourt with walled surround. Rear Depth: 27’9 (8.46m) Width: 14’11(4.55m) Average-sized garden with walled surround. Accommodation: EPC ‘D’ Part-glazed front door to: LONG ENTRANCE HALL LINKED LIVING AND DINING ROOM 24’3 x 11’0 (7.39m x 3.35m) 15 www.nesbits.co.uk (16672/013778) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 9 149 Walmer Road, Fratton, Portsmouth PO1 5AT Guide Price: £125,000 - £135,000 Description: Of interest to builders, investors and keen owner-occupiers - the spacious and conveniently situated 3 bedroom property now requiring comprehensive modernisation. This inner-terrace character property has a rendered facade, with single splay bay window, under a modern tiled roof. It stands behind a shallow forecourt, whilst to the rear is a small garden. As stated, refurbishment is now needed throughout, upon completion of which this family home would lend itself to owner-occupation, re-sale or lucrative letting. Location: Walmer Road runs from Cornwall Road to Byerley Road, No. 149 being on the west side a short distance from the latter. This position places a range of public amenities within a radius of some half a mile only, including: Fratton Station, The Bridge Shopping Centre (ASDA), other local shops, Kingston Park, and various schools. FREEHOLD LIVING ROOM 15’4 x 10’11 (4.67m x 3.33m) CENTRAL KITCHEN 10’10 x 9’7 (3.30m x 2.92m) DINING ROOM 13’10 x 9’8 (4.22m x 2.95m) FIRST FLOOR LANDING Access to Loft Space. BATHROOM BEDROOM ONE 14’1 x 12’10 (4.29m x 3.91m) BEDROOM TWO 10’10 x 9’7 (3.30m x 2.92m) BEDROOM THREE 11’7 x 9’8 (3.53m x 2.95m) OUTSIDE Front Shallow forecourt. Rear Depth: 21’5 (6.53m) (including Shed) Width: 14’0 (4.27m) Small garden with walled surround. Covered sideway with W.C. Accommodation: EPC ‘E’ Part-glazed front door to: LOBBY ‘L’-SHAPED ENTRANCE HALL (16669/013774) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 16 10 306 Chichester Road, North End, Portsmouth PO2 0AS Guide Price: £180,000 - £190,000 Description: Of interest to keen owner-occupiers, investors, and builders - the spacious and well-situated 3 bedroom character family house with generous garden, useful shed/workshop, gas c.h., and partial doubleglazing; now requiring general modernisation. This inner-terrace property is of attractive appearance, with brick elevations under a modern tiled roof, the facade featuring bold double square bay windows with gable. It stands behind a shallow forecourt, whilst to the rear is a 41ft garden having southerly aspect, full-width shed/workshop, and the benefit of pedestrian access. As stated, modernisation is now required, there being ample scope to create an appealing home well-suited to future family occupation or lucrative letting. Location: Chichester Road runs from London Road to Copnor Road, No. 306 being on the south side a short distance from the latter - a popular and convenient residential address with ready access to a wide range of public amenities. Accommodation: Front door to: ENTRANCE HALL LIVING ROOM 15’4 (into bay) x 12’5 (4.67m (into bay) x 3.78m) DINING ROOM 17’10 x 9’5 (5.44m x 2.87m) CONSERVATORY 9’6 x 7’6 (2.90m x 2.29m) 17 www.nesbits.co.uk FREEHOLD BREAKFAST ROOM 10’4 x 7’7 (3.15m x 2.31m) KITCHEN 9’1 x 6’4 (2.77m x 1.93m) FIRST FLOOR LANDING Access to LOFT SPACE. SHOWER ROOM & W.C. (formerly with bath) BEDROOM ONE 15’4 (into bay) x 11’4 (4.67m (into bay) x 3.45m) BEDROOM TWO 13’8 x 9’6 (4.17m x 2.90m) BEDROOM THREE 10’4 x 7’8 (3.15m x 2.34m) OUTSIDE Front Shallow forecourt with walled surround. Rear Depth: 41’8 (12.70m) (to shed/workshop) Width: 19’9 (6.02m) Generous garden with southerly aspect. FULL-WIDTH SHED/WORKSHOP 18’8 x 5’8 extending to 10’11 (5.69 x 1.73 to 3.33m) LEAN-TO GARDEN STORE 6’11 x 6’8 (2.11m x 2.03m) CLOAKROOM & W.C. EPC ‘E’ (16668/013773) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 11 83 Devonshire Avenue, Southsea PO4 9EB Guide Price: £220,000 - £225,000 FREEHOLD POSTPONED UNTIL 17TH NOVEMBER Description: Of interest to builders, investors and keen private buyers the spacious and well-situated 3 double bedroom character family house now requiring general modernisation. This inner-terrace Edwardian property has brick elevations under a modern tiled roof, the facade incorporating pillared porch and replacement square bay windows. It stands behind a shallow forecourt, whilst to the rear is a small garden with walled surround. Attractively, the house retains many of its original interior features and fittings, notably ornate fireplaces. As stated, general refurbishment is required throughout, there being considerable scope now to create a home with much to commend it. Location: Devonshire Avenue runs between Devonshire Square and Eastney Road, No. 83 being on the north side close to the junction with Winter Road - a popular and very convenient position placing a wide range of public amenities within a radius of some three-quarters of a mile only, including: Southsea Seafront, local shops, Milton and Bransbury parks, main-line station, and various schools. Accommodation: Pillared PORCH with front door to: SPACIOUS ENTRANCE HALL LIVING ROOM 14’9 (into bay) x 14’3 (4.50m) DINING ROOM 15’1 x 11’1 (4.60m x 3.38m) LEAN-TO CONSERVATORY BREAKFAST ROOM 12’0 x 11’1 (3.66m x 3.38m) KITCHEN 9’3 x 9’3 (2.82m x 2.82m) ENCLOSED REAR PORCH W.C. off FIRST FLOOR LANDING BATHROOM Access to Loft Space. SEPARATE W.C. BEDROOM ONE 14’6 (into bay) x 15’0 (4.42m (into bay) BEDROOM TWO 15’5 x 11’0 (4.70m x 3.35m) BEDROOM THREE 11’11 x 9’10 (3.63m x 3.00m) CELLAR HALL with COAL STORE OFF MAIN ROOM 14’6 x 13’3 (4.42m x 4.04m) Ceiling Height 7’2 (2.18m) OUTSIDE Front Shallow forecourt. Rear Depth: 28’0 (8,53m) max. Width: 23’0 (7.01m) max. ‘L’-shaped garden with walled surround and northerly aspect. EPC ‘E’ IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. (16586/010725) www.nesbits.co.uk 18 12 2 Stubbington Avenue, North End, Portsmouth PO2 0HS Guide Price: £260,000 - £280,000 Description: Of interest to developers, investors and others - the substantial and well-situated vacant semi-detached property with gas c.h., partial double-glazing, off-street parking for 5/6 cars, and detached Annexe; recently occupied as offices, now with considerable potential for a variety of uses including residential conversion (subject to consent). This attractive Edwardian building has brick elevations under a pitched, slate roof and features bay windows to the front and side. It stands behind a deep forecourt and has an open-plan former rear garden, between them providing off-street parking for 5 or 6 cars. Also to the rear is the unusual and attractive asset of a younger, single-storey, brick-built Annexe extending to some 445 sq. ft. Originally a 4/5 bedroom family house, and most recently occupied as offices (including the Annexe), it is felt that these premises offer scope for a range of future uses, residential conversion being among them. Interested parties must satisfy themselves as to the existing official use, together with possible alternatives, through approach to Portsmouth City Council Planning Department. Location: Stubbington Avenue runs from London Road to Copnor Road, No. 2 standing in a prominent corner position on the south side and a short distance from the former - convenient to local shopping together with bus services, schools, recreation facilities, and motorway access. Accommodation: Part-glazed outer door to ENCLOSED PORCH FRONT ROOM 15’9 (into bay) x 14’7 (4.80m x 4.45m) Communicating door to Middle Room. MIDDLE ROOM 19’11 x 12’11 (6.07m x 3.94m) CONSERVATORY 11’7 x 8’5 (3.53m x 2.57m) INNER HALL with CLOAKROOM & W.C. off REAR ROOM 13’9 (into recess) x 9’11 (4.19m x 3.02m) Doors to Offices 1 & 2. OFFICE ONE 12’10 x 5’3 (3.91m x 1.60m) 19 www.nesbits.co.uk FREEHOLD OFFICE TWO 14’1 x 5’3 (4.29m x 1.60m) FIRST FLOOR ‘L’-SHAPED LANDING FRONT ROOM 15’11 (into bay) x 14’8 (4.85m x 4.47m) MIDDLE ROOM 14’0 (into bay) x 12’10 (4.27m x 3.91m) CLOAKROOM & W.C. 8’0 x 4’10 (2.44m x 1.47m) CLOAKROOM & W.C. KITCHEN 7’8 x 5’10 (2.34m x 1.78m) REAR ROOM 11’0 x 10’4 (3.35m x 3.15m) TOP (SECOND) FLOOR SMALL LANDING FRONT ROOM 14’4 x 8’6 (4.37m x 2.59m) REAR ROOM 12’4 x 11’4 (3.76m x 3.45m) ANNEXE Of brick construction under a flat roof; extending to 445 sq.ft. approx. UPVC and obscure double-glazed door to: ROOM ONE 13’4 x 10’8 (4.06m x 3.25m) LOBBY off. Door to: SEPARATE W.C. KITCHENETTE 6’9 x 5’7 (2.06m x 1.70m) ROOM TWO 16’2 x 9’10 (4.93m x 3.00m) ROOM THREE 9’5 x 6’4 (2.87m x 1.93m) OUTSIDE Front Deep, open-plan forecourt with off-street parking for two cars. Rear Depth: 33’0 (10.06m) (to Annexe) Width: 24’0 (7.32m) A further openplan area, providing off-street parking for three/four cars. Commercial EPC ‘D’ (1661/013771) IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 13 The Cottage, Clarence Road, Southsea PO5 2LH Guide Price: £370,000 - £390,000 Description: In the heart of Central Southsea, a rare and individual opportunity with enormous potential - with off-street parking and en-suite, this detached 3 (formerly 4) bedroom family house also enjoys a delightful open aspect; it now requires general refurbishment. Dating from the 1930s, the house itself has brick and rendered elevations with double bay windows under a pitched and tiled main roof. It stands behind a deep forecourt which provides a short car hardstand, whilst to the rear is a sunny enclosed patio garden. A wide sideway affords useful storage space for cycles, etc. Available to the open market for the first time since 1975 (when sold at Auction by Nesbit & Co. for £15,400), “The Cottage” was intended as a private home for our client who has begun a program of renovation. With only modest work undertaken to date (re-wiring, some replacement windows, stripping of plaster, etc.), the project has halted and the property is presented now as an interesting and appealing blank canvas for a buyer’s own tastes and ideas. Location: Clarence Road lies immediately to the south of Clarendon Road, “The Cottage” being on the west side directly opposite the tree-planted open space of Clarendon Gardens. This desirable and exceptionally convenient position places the wide-ranging public amenities of Central Southsea within comfortable walking distance, being some 400 yards only from Palmerston Road Shopping Precinct and a similar distance from The Common and Seafront. FREEHOLD Accommodation: Panelled front door to: LOBBY OPEN-PLAN RECEPTION HALL 14’0 x 8’0 (4.27m x 2.44m) Wide opening into: LIVING AND DINING ROOM 37’9 x 12’6 to 10’7 (11.51m x 3.81m to 3.23m) KITCHEN/BREAKFAST ROOM 23’0 x 7’10 (7.01m x 2.39m) UTILITY LOBBY 6’3 x 5’5 (1.91m x 1.65m) Door to: GARDEN ROOM 8’4 x 8’4 (2.54m x 2.54m) FIRST FLOOR LANDING Access to Loft Space. BATHROOM & W.C. MASTER BEDROOM 16’6 (into bay) x 12’4 (5.03m x 3.76m) Door to: EN-SUITE SHOWER ROOM & W.C. 9’8 x 7’10 (2.95m x 2.39m) (Formerly a bedroom) BEDROOM TWO 15’10 x 12’5 (4.83m x 3.78m) BEDROOM THREE 9’2 x 7’10 (2.79m x 2.39m) OUTSIDE Front Deep forecourt. Dropped kerb granting access to shallow CAR HARDSTAND. Access to enclosed wide sideway. Rear Width: 19’9 (6.02m) (to Garden Room) Depth: 20’0 (6.10m) Enclosed patio garden. EPC ‘F’ IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. (16628/012751) www.nesbits.co.uk 20 14 21 2 St Ronans Road, Southsea PO4 0PT Guide Price: £450,000 - £475,000 www.nesbits.co.uk IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 FREEHOLD Description: A unique and outstanding opportunity with many unexpected qualities - set in an unusually large and well-screened plot convenient to Southsea Centre, this virtually detached 4 bedroom character family residence boasts a self-contained lower flat, private garage plus off-street parking, generous living space, en-suite facilities, and striking period features. It now requires renovation and holds immense potential The subject of re-modelling in the 1970s, and available now to the open market for the first time in 37 years, this individual Victorian property has rendered elevations under a modern tiled roof, its facade (currently somewhat less than aesthetically pleasing perhaps) incorporating bow window and Gothic-arched porch. It stands behind a forecourt parking area, whilst to the south side is a large 63ft x 40ft garden with garage. As stated, renovation is now required throughout, the property presenting a most interesting and desirable blank canvas for the new owner’s tastes and ideas. All in all a project with great scope to create a home of considerable merit and appeal. Location: St Ronans Road runs from Waverley Road to Albert Road, No. 2 being on the east side in the lee of St Simon’s Church directly opposite. This position is a short walk from The Seafront and around half a mile only from Southsea Town Centre with its wide range of public amenities. Accommodation: Steps, with pierced stonework balustrade, to GOTHIC-ARCHED PORCH Pair of imposing Gothic-arched panelled oak doors to: LOBBY 8’0 x 6’1 (2.44m x 1.85m) RECEPTION HALL 17’0 x 8’11 (5.18m x 2.72m) DRAWING & DINING ROOM 24’0 x 15’1 to 21’8 (7.32m x 4.60m to 6.60m) FITTED & EQUIPPED KITCHEN 14’1 x 10’8 (4.29m x 3.25m) ENCLOSED REAR PORCH STUDY 12’5 x 12’3 (3.78m x 3.73m) Approached from the Drawing/Dining Room via a pair of part-glazed doors. Pair of patio doors to Garden Terrace. Steps down from Reception Hall to: LOWER HALF LANDING Door to: LIVING ROOM 13’1 x 12’2 (3.99m x 3.71m) BASEMENT UTILITY ROOM 15’1 x 11’1 (4.60m x 3.38m) UPPER REAR HALF LANDING Having access to secondary staircase leading to Bedroom 2. GUEST BEDROOM SUITE 12’0 x 11’8 (3.66m x 3.56m) EN-SUITE BATHROOM & W.C. 9’9 x 6’1 (2.97m x 1.85m) MAIN FIRST FLOOR LANDING CLOAKROOM & W.C. BEDROOM TWO 13’10 x 12’1 (4.22m x 3.68m) This room is approached from the half landing below via its own secondary staircase. BEDROOM FOUR 7’10 x 6’1 (2.39m x 1.85m) MASTER BEDROOM SUITE 20’8 x 15’3 to 21’3 (6.30m x 4.65m to 6.48m) Door to: ROOF TERRACE 15’4 x 11’8 (4.67m x 3.56m) EN-SUITE BATHROOM & W.C. 11’2 x 9’0 (3.40m x 2.74m) Approached from the Master Bedroom via steps and double doors. LOWER GROUND FLOOR FLAT Having private entrance at side of main house via door to: LOBBY UTILITY ROOM off 7’4 x 6’5 (2.24m x 1.96m) INNER HALL 9’11 x 8’11 (3.02m x 2.72m) BATHROOM & W.C. 8’10 x 4’7 (2.69m x 1.40m) BEDROOM 17’2 x 14’1 (5.23m x 4.29m) LIVING ROOM 20’6 x 15’2 (6.25m x 4.62m) Access to useful STORE ROOM. KITCHEN 11’10 x 10’0 (3.61m x 3.05m) OUTSIDE FORECOURT A deep, open-plan area which provides HARDSTAND FOR TWO CARS. REAR COURTYARD 20’0 x 19’9 (6.10m x 6.02m) Approached from the main garden via an arched doorway. Access to lower flat. Timber SAUNA. MAIN GARDEN 63’0 x 40’0 average (19.20m x 12.19m) To the south of the house, overlooked by its principal rooms. Pair of wrought-iron gates to the forecourt. Steps up to: TERRACE 37’0 x 11’6 (11.28m x 3.51m) Access from Study and Kitchen. GARAGE 23’0 (max) x 9’3 (7.01 x 2.82m) EPC ‘F’ IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. (16611/013767) www.nesbits.co.uk 22 Registered Charity Nº 1142186 For more information and opening times call 023 9281 9385 or visit royalmarinesmuseum.co.uk Explore the fascinating stories of the Royal Marines from 1664 to the present day. To gain a whole year’s free entry, Gift Aid your admission fee. EASTNEY ESPLANADE | SOUTHSEA | HAMPSHIRE | PO4 9PX Sell by Auction S M A LL H OU SE S • FLAT S • SHOPS • L ARGE HOUS ES • L AND • GARAG E S Are you an owner or executor with a property in this area? You can achieve the best price, quickly, and with total control, by SELLING AT AUCTION entries now being invited for future sales For FREE, no obligation advice contact the Auction Team 7 Clarendon Road, Southsea PO5 2ED 023 9286 4321 • www.nesbits.co.uk 23 www.nesbits.co.uk • Recommended by many local Solicitors • The only City-based Saleroom • 80 Years of Auctions in the City • Unrivalled local knowledge and experience IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 ! Telephone & Proxy Bidding Registration Form I hereby instruct Nesbits to bid on my behalf in accordance with the Terms & Conditions and I acknowledge that should my bid be successful then that bid and offer will be binding upon me. I confirm that Nesbits may take my proxy bid when the relevant property is being offered at the Auction. Please fill in sections 1 to 9: 1. AUCTION: LOT No: 2. BIDDER’S NAME: LOT ADDRESS: ADDRESS: EMAIL: 3. MAXIMUM BID PRICE: 4. BUYER’S NAME: (IN WORDS): £ 5. TEL No: (if different from above) 6. DEPOSIT ARRANGEMENTS: 8. ADDENDUM: (alternatively mobile no.) 7. LEGAL PAPERS: Cheque/Banker’s Draft enclosed Bidder is deemed to have had sight of and understood all legal papers in respect of the lot 9. SOLICITORS NAME: (Bidder’s fax no) ADDRESS: TEL No: ! Return to: Nesbits, including Proxy Bidding Registration Form, 10% deposit cheque and Proof of identity Purchaser Registration Form Purchaser: FULL NAMES: POST CODE: ADDRESS: TELEPHONE NUMBER (STD CODE): No: MOBILE No: EMAIL: Solicitors: COMPANY NAME: CONTACT NAME: ADDRESS: TELEPHONE NUMBER (STD CODE): POST CODE: No: IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 24 Telephone & Proxy Bidding Registration Form 1. The registration form must be completed in all respects to enable authority to be given to the auctioneers. 2. A cheque representing 10% of the maximum bid made payable to D M Nesbit & Company must accompany the application. In addition, the stated Buyer’s Premium will be payable to the Auctioneers. If successful, the bidder/purchaser will be required to provide all necessary identification to comply with Money Laundering. 3. Telephone or proxy bidding will only be acceptable for the actual potential purchaser. 5. Any bid will be executed by the auctioneers up to, and not exceeding, the maximum bid, and the bid will not be disclosed to the Vendor or any other parties. 6. If the bid is successful, then that bid will be binding on the purchaser and the auctioneer is authorised to sign the contracts on behalf of the buyer. 7. D M Nesbit & Company accept no liability whatsoever for the failure to execute any bid for whatever reason. All persons leaving bids will be informed, and if unsuccessful deposit cheques will be returned by post. 4. The completed forms must be received by D M Nesbit & Company not later than 11.00 a.m. on the Day Prior to the Sale. Offers Pre-sale bids can only be considered on the basis that there will be an immediate exchange of contracts with the payment of the full 10% deposit and the administration fee. No bid can be considered if less than 48 hours prior to the Sale. Offers must be made in writing and after the property and legal documentation has been inspected. 25 www.nesbits.co.uk IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 FINE ART AUCTIONS Tel: 023 9229 5568 Email: [email protected] Catalogue: www.nesbits.co.uk Bid online at our auctions through the-saleroom.com We are the only auction house in Portsmouth and South East Hampshire. The Southsea Salerooms are conveniently located in Southsea’s main shopping centre. Our experienced and friendly staff will assist with all your enquiries. Entries now being invited for our forthcoming sale 12th October 2016 Henry Capt ormolu and porcelain repeat alarm clock Sold for £11,052 inc. premium Polar Medal Group of six to: 295848 Bernard James Stone sold for £14,994 inc. premium 5ct Solitaire Diamond Ring sold for £14,740 inc. premium Viewing: Saturday 10.00am - 1.00pm • Monday & Tuesday 9.30am - 5.00pm IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 26 Common Auction Conditions Glossary This glossary applies to the auction conduct conditions and the sale conditions. Wherever it makes sense: • s ingular 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; • r eferences 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 •w here 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. 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). 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. A3.1 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. 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) m ust 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) y ou are personally liable to buy the lot even if you are acting as an agent; and (b) y ou must indemnify the seller in respect of any lossthe seller incurs as a result of the buyer’s default. A5.8 Where the buyer is a company you warrant that the buyer is properly constituted and able to buy the lot. A6 Extra Auction Conduct Conditions A6.1 Despite any special condition to the contrary the minimum deposit we accept is £……..... (or the total price, if less). A special condition may, however, require a higher minimum deposit. A3.3 If there is a dispute over bidding we are entitled to resolve it, and our decision is final. 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. 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. General conditions of sale 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. 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. 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. 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. 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. 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 We (and us and our). The auctioneers. Contract date The date of the auction or, if the lot is not sold at the auction: (a) t he 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. You (and your). Someone who has a copy of the catalogue or who attends or bids at the auction, whether or not a buyer. Documents Documents of title (including, if title is registered, A1.2 The catalogue is issued only on the basis that you accept these auction conduct conditions. www.nesbits.co.uk A2 Our role A2.1 As agents for each seller we have authority to: (a) p repare 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) t reat a contract as repudiated if the buyer fails to sign a sale memorandum or pay a deposit as required by these auction conduct conditions. A5.4 If you do not we may either: (a) a s 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. Price The price that the buyer agrees to pay for the lot. Tenancy schedule The tenancy schedule (if any) forming part of the special conditions. Contract The contract by which the seller agrees to sell and the buyer agrees to buy the lot. 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. A3 Bidding and reserve prices Catalogue The catalogue to which the conditions refer including any supplement to it. Condition One of the auction conduct conditions or sales conditions. 27 the entries on the register and the title plan) and other documents listed or referred to in the special conditions relating to the lot. Auction conduct conditions 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). A1 Introduction A1.1 Words in bold blue type have special meanings, which are defined in the Glossary. A5.3 You must before leaving the auction: (a) p rovide 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. Words in bold blue type have special meanings, which are defined in the glossary 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) m atters registered or capable of registration as local land charges; (b) m atters registered or capable of registration by any competent authority or under the provisions of any statute; (c) n otices, orders, demands, proposals and requirements of any competent authority; (d) c harges, notices, orders, restrictions, agreements and other matters relating to town and country planning, highways or public health; (e) r ights, easements, quasi-easements, and wayleaves; (f) outgoings and other liabilities; (g) a ny interest which overrides, within the meaning of the Land Registration Act 2002; (h) m atters 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. IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 Common Auction Conditions - continued 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 certified copies of: (i) the application for registration of title made to the land registry; (ii) the documents accompanying that application; (iii) evidence that all applicable stamp duty land tax relating to that application has been paid; and (iv) a letter under which the seller or its conveyancer agrees to use all reasonable endeavours to answer any requisitions raised by the land registry and to instruct the land registry to send the completed registration documents to the buyer. (e) The buyer has no right to object to or make requisitions on any title information more than seven business days after that information has been given to the buyer. G4.3 Unless otherwise stated in the 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 a stakeholder; (c) forfeit the deposit and any interest on it; (d) resell the lot; and (e) claim damages from the buyer. G7.4 If the seller fails to comply with a notice 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 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 IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. 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 instalmentof 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 www.nesbits.co.uk 28 Common Auction Conditions - continued 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. (b) to submit the value specified in the special conditions to HM Revenue and Customs for the purposes of their respective capital allowance computations. 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. G17. Maintenance agreements 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 29 www.nesbits.co.uk 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. 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 no 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. G30. Extra General Conditions IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. We o f f e r p r o x y a n d t e l e p h o n e b i d d i n g o n a l l L o t s . F o r f u r t h e r i n f o r m a t i o n , p l e a s e c a l l 0 2 3 9 2 8 6 4 3 2 1 Sales Memorandum DATE: NAME & ADDRESS OF SELLER: NAME & ADDRESS OF BUYER: 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: ! IMPORTANT NOTICE: A Buyer’s Premium of £350 (plus V.A.T.) per lot will apply. www.nesbits.co.uk 30 D.M.Nesbit & Company 7 Clarendon Road, Southsea Portsmouth, Hampshire PO5 2ED T: 023 9286 4321 F: 023 9229 5522 www.nesbits.co.uk