for the service charge year current on completion
showing:
tenancy;
from each tenant;
received;
attributable to any tenancy and is for that reason
irrecoverable.
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;
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
fi ve 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.
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 fi ve business days of the seller
providing the service charge account to the buyer.
fund:
on it) to the buyer on completion; and
in accordance with the terms of the tenancies and to
indemnify the seller if it does not do so.
the actual completion date has not been agreed or
determined.
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.
reasonably practicable but may not agree the level
of the revised rent without the written consent of the
seller, such consent not to be unreasonably withheld or
delayed.
negotiations and proceedings, including copies of all
correspondence and other papers; and
buyer for the seller in any rent review proceedings.
regard to any proposals the other makes in relation to it.
rent and interest recovered from the tenant that relates
to the seller's period of ownership within fi ve business
days of receipt of cleared funds.
recoverable from the tenant has not been received
by completion the increased rent and any interest
recoverable is to be treated as arrears.
II of the Landlord and Tenant Act 1954 (as amended) and
references to notices and proceedings are to notices and
proceedings under that Act.
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.
the buyer reasonably directs in relation to it.
steps to substitute itself as a party to any proceedings;
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
(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 fi ve business days of receipt of cleared funds.
proceedings relating to this.
G25.1 Available warranties are listed in the special conditions.
G25.2 Where a warranty is assignable the seller must:
·
of assignment to the person who gave the warranty;
and
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 fi ve
business days after the consent has been obtained.
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.
interest under this contract.
registrable disposition. The buyer must at its own
expense and as soon as practicable:
as proprietor of the lot;
lease under which the lot is held are properly noted
against the affected titles; and
relating to such lease showing itself registered as
proprietor.
expense and as soon as practicable:
for the buyer's new title; and
make to Land Registry relating to the application.
given to or by their conveyancers.
·
(automatic acknowledgement does not count); or
person to whom it is to be given (as specifi ed in the
sale memorandum) by a postal service that offers
normally to deliver mail the next following business
day.
·
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.
will be treated as received on the second business day
after it has been posted.
contract pursuant to the Contract (Rights of Third Parties)
Act 1999.
Conditions, Edition 3, ("the Common Auction Conditions")
subject to the following, each taking precedence over the
other in descending order:
Society's conditions known as the Standard Conditions
of Sale (Fifth Edition) if applicable, as set out in the Legal
Pack;
the Extra Conditions of Sale);
Buyer is deemed to buy the Property knowing and fully
independent legal advice if in doubt.
completing a registration form. They must provide such
confi rmation of their identity and evidence of their home
address as the Auctioneer in his absolute discretion
considers acceptable. Persons not registering, or who
are unable to provide adequate evidence of identity or
address, will not be permitted to bid in the auction. On
the Property being knocked down by the Auctioneer, the
successful bidder must immediately attend the Settling
Table and sign two copies of the Auction Memorandum
for the Property. The successful bidder must also pay
the necessary deposit (see clause G30.3) and the
Auctioneer's Administration Charge (see clause G30.4).
by the Seller's solicitor, whichever shall be the greater,
to the Auctioneer on or before signing the Auction
Memorandum. Unless the Special Conditions for the
lot in question state to the contrary, the Auctioneer
shall hold as agent of the Seller, save for that part
representing the Auctioneers' charges to the Seller. The
deposit shall be paid by way of Banker's Draft or other
such method the Auctioneer in his absolute discretion
may accept. Cash will not be accepted. Any interest
accruing on monies held by the Auctioneers will be
retained by them to offset administration.
including VAT on or before the earliest of signing the
Auction Memorandum or exchange of contract.
Catalogue ("the Catalogue"). The Auctioneer has
prepared the Catalogue from information provided by
or on behalf of the Seller and the Auctioneer shall not
be responsible for any errors in the Catalogue. The
Buyer must satisfy himself, before making a bid, as to
the accuracy of the particulars given in the Catalogue
and shall not be entitled to cancel the sale or rescind
the Agreement for Sale of the Property as a result of any
incorrect statement, error or omission in the Catalogue.
The Buyer acknowledges that he has not relied on the
Catalogue in deciding whether to buy the Property and
that the Buyer is not relying on the information in the
particulars as proof that the current or any future use or
nature of any lot is legitimate, consented or approved.
The Buyer acknowledges that the onus for verifi cation
lies solely with the Buyer. If any information is not cor rect
any liability of the Seller and any remedy of the Buyer
are excluded to the extent permitted by statute.
by any statement or representation whether verbal or in
writing which may have been made to him or any person
on his behalf, by the Auctioneer, the Seller or anyone on
behalf of the Seller;
to in paragraph (a) above does not form part of this
Agreement; and
on behalf of the Seller at law or in equity in respect
of any statement made to the Buyer or anyone on
his behalf is excluded to the extent permitted by the
Misrepresentation Act 1967.
fi ttings and installations, central heating installations, TV
aerials, satellite dishes or other reception devices, any
of which may belong to the supply companies. In such
cases the Seller accepts no liability for any payments that
may be outstanding.
or any related company, and the shareholders, and
employees of the foregoing or their associates or
members of their respective families, to bid at the
auction or to offer a property for sale at the auction.
referred to in the Special Conditions of Sale or the
Auction Catalogue may be inspected on-line at www.
countrywidepropertyauctions.co.uk or at the offi ces
of the Seller's Solicitors or the Auctioneer's offi ces at
any time during normal working hours, up to the date
prior to the sale or in the auction room prior to the
commencement of the auction sale. The Buyer shall
be treated as buying with full knowledge of all matters,
whether or not he has inspected any of the documents.