This is a ground floor leasehold maisonette at 57 Connell Crescent, Ealing, London W5 3BH, being sold as a repossession by Bank of Scotland under its mortgage power of sale through BidX1 online auction. The lease has only approximately 14 years remaining (expiring September 2040), the title class is Good Leasehold rather than Absolute, and the transfer will be with limited title guarantee with most standard seller protections excluded — the seller has very limited knowledge of the property, will not answer standard enquiries, and no access is provided before completion. There are likely outstanding ground rent and service charge arrears which the buyer will inherit, no undertaking will be given regarding these, and a four-month restriction will be placed on the buyer's title; additionally, there is a conditional agreement on the headlease title relating to a collective enfranchisement claim which could affect the property's leasehold structure. The very short remaining lease term is the most significant concern, as it will severely impact value and mortgageability unless extended, and buyers should note the complex title structure involving a 999-year headlease held by Brickfield Properties Limited sitting between the freehold (Daejan Properties Limited) and this underlease.
End of document
Lease
Very Short Lease Term
Multiple leases and subleases on the estate were granted for 90 years from September 1950, leaving only about 14 years remaining — well below the 80-year threshold that affects mortgage lending and property value. Garage leases have the same short remaining term. There is also a conflict between the lease body (90 years from 1950) and an endorsement (96 years from 1980), which needs clarification.
Onerous Repair and Insurance Obligations
The ground floor lessee is responsible for repairing and potentially rebuilding the roof structure for the upper maisonette. If insurance proceeds are insufficient to rebuild after damage, the lessee must fund the shortfall personally.
Complex Lease Structure and Restrictions
The property involves an underlease (not direct from freeholder), leases across the estate have widely varying terms (90 to 215 years), assignment is restricted in the last 7 years of the term (now relevant given the short remaining term), and some leases lack rights of entry for maintenance.
Contract
Mortgagee Sale With Limited Information
The property is being sold by Bank of Scotland under its power of sale as a mortgagee not in possession. The seller will not answer enquiries, provides no title guarantee, disclaims responsibility for accuracy of information, and may accept higher offers before exchange.
Title
Collective Enfranchisement and Lease Extension Claims
A collective enfranchisement claim and at least seven individual lease extension claims are registered against the titles. The sale may be conditional on completion of the enfranchisement, and the status and outcome of all these claims need to be verified.
Good Leasehold Title Only
The title class is Good Leasehold rather than Absolute Leasehold, meaning the Land Registry has not verified the superior title — this could affect mortgageability and may indicate issues with the headlease or freehold.
Rosebel Holdings Option and Exclusion
Rosebel Holdings Limited has a registered option to take 999-year leases of flats, and leases granted to Rosebel are specifically excluded from the sublease definition — meaning those flats may not benefit from service charge and landlord covenant protections in the headlease.
Missing Document
Missing Documents and Incomplete Information
Key documents are missing or incomplete: no LPE1 has been obtained, the title register notes page is absent, the TR2 transfer copy is undated and incomplete, and clauses modifying title covenants are not shown in the provided text.
Fee
Buyer Inherits Arrears and Liabilities
The property is sold subject to any existing ground rent and service charge arrears (amount unknown), no undertaking will be given regarding arrears, and the buyer must indemnify the seller against existing and future lease breaches.
Covenant
Restrictive Use Covenants
Historic 1930s covenants restrict use to private dwellinghouses or specified professional residences only, require written approval of plans before building, and the lessor reserves the right to rebuild neighbouring buildings even if it blocks light or air to the property.
Commercial Terms
A plain English summary of the key financial and contractual terms of the sale, such as deposit amount, completion period, and any fees.Special Condition Clauses
Individual clauses from the special conditions of sale. These override the standard conditions and set out the specific terms agreed between seller and buyer.No special condition clauses extracted
Fees on Completion
One-time costs payable when you complete the purchase, in addition to the property price. These are set by the auction house and the seller's solicitor.Balance due within 2 working days of lot closing, payable by bank transfer. Bidder security counts towards this.
Non-refundable administration fee payable per property if successful bidder. Must be paid in advance of auction.
Default interest rate on late completion, applied to the price less deposit from agreed completion date to actual completion date
Registration fee payable to the landlord's solicitors for each assignment, transfer, underletting, mortgage, charge or other document affecting the lease
Ongoing Fees
Recurring costs you will pay as the property owner, such as ground rent and service charges. These are typically annual but may be billed quarterly or monthly.Annual ground rent under the headlease (AGL280414) — nominal/nil
Lot sold subject to any service charge arrears.
Registered Titles
Title registers from HM Land Registry showing who owns the property and the class of title. A property may have separate freehold and leasehold titles.Subject Titles
Ground floor maisonette at 57 Connell Crescent, Ealing, W5 together with associated land, pathways and staircases
Freehold land at Connell Crescent, Borough of Ealing, Greater London — a large residential estate comprising maisonettes and garages
Headlease of 57, 59, 61 and 63 Connell Crescent, Ealing, London W5
Related Titles
61 Connell Crescent (Ground Floor Flat)
59 Connell Crescent (First Floor Maisonette)
63 Connell Crescent (First Floor Flat)
Charges & Mortgages
Mortgages or loans secured against the property. These are normally paid off from the sale proceeds on completion.MX395170 — Subject — Leasehold
Registered charge dated 13 November 2007.
Covenants
Legal obligations attached to the property — typically restrictive (limiting what you can do) or positive (requiring you to do something). These bind future owners.Restrictive
No Alterations Or New Buildings Without Approval
No alterations to the building, no additional structures (except a domestic shed under the lease), and no new buildings may be erected without prior written approval from the landlord or original vendor. Temporary structures such as caravans, huts or booths are also prohibited. This restricts any development, extension or significant modification of the property.
No Nuisance Or Annoyance
Nothing may be done on the property that causes damage, nuisance, annoyance, disturbance or inconvenience to the landlord, neighbours or the wider neighbourhood. In practice, this means the property must be used quietly and considerately.
Residential Use Only
The property must be used only as a private dwelling or, under the freehold covenants, as the professional residence of a doctor, solicitor, surveyor, accountant, architect or dentist. No trade, business, manufacture or sale of alcohol is permitted, which prevents any commercial use or conversion to retail, hospitality or similar.
Positive
Full Repair And Shared Maintenance Obligations
The leaseholder must keep the property in good repair including the roof, walls, fences, drains and pathways, and must pay a proportionate share of the cost of maintaining shared structures, party walls, pipes and communal areas as determined by the landlord's surveyor. This means the buyer is responsible for both internal and structural repairs and ongoing service charge contributions.
Lease Payment And Indemnity Obligations
The buyer must pay all lease rents, perform all tenant covenants, and indemnify the seller against any liabilities arising from existing or future breaches. This means the buyer takes on full financial responsibility for the lease from completion, including any historic arrears or compliance issues.
Title Notices & Restrictions
Entries on the title register that restrict how the property can be dealt with — for example, requiring a certificate before transfer, or protecting a third party's interest.MX395170 — Subject — Leasehold
Restriction requiring Bank of Scotland PLC consent
No disposition of the registered estate can be registered without written consent from the proprietor of the 13 November 2007 Bank of Scotland PLC charge.
NGL425909 — Subject — Freehold
Section 97 notice - 28 Connell Crescent
A notice records service of a section 42 new-lease claim dated 31 July 2009 by Stewart William Miller Muir of 28 Connell Crescent.
Unilateral notice - 126 Connell Crescent
Leader Securities Limited is the beneficiary of a unilateral notice protecting a section 42 new-lease claim dated 22 February 2010 affecting 126 Connell Crescent.
Unilateral notice - 65 Connell Crescent lower maisonette
Ruth Likowo Tama is the beneficiary of a unilateral notice protecting a section 42 new-lease claim dated 28 November 2012 affecting the lower maisonette at 65 Connell Crescent.
Unilateral notice - collective enfranchisement
A unilateral notice protects a section 13 collective enfranchisement claim dated 1 November 2016 by Grigore Aghadjany Ohanians, Folora Yessaian and Aida Haghvirti.
Unilateral notice - 10 Connell Crescent
Stephen John Dickson is the beneficiary of a unilateral notice protecting a section 42 new-lease claim dated 31 January 2017 affecting 10 Connell Crescent.
Unilateral notice - 54 Connell Crescent
Patrick, Nora, Dennis and Geraldine O'Sullivan are the beneficiaries of a unilateral notice protecting a section 42 new-lease claim dated 25 September 2018 affecting 54 Connell Crescent.
Unilateral notice - Upper Maisonette, 7 Connell Crescent
Tina Pui-Ling Wong is the beneficiary of a unilateral notice protecting a section 42 new-lease claim dated 11 December 2019 affecting the Upper Maisonette, 7 Connell Crescent.
Unilateral notice - First Floor Maisonette, 67 Connell Crescent
Kinch Enterprises Limited is the beneficiary of a unilateral notice protecting a section 42 new-lease claim dated 23 July 2020 affecting First Floor Maisonette, 67 Connell Crescent.
AGL280414 — Subject — Leasehold
Unilateral notice - agreement for sale
A unilateral notice protects an agreement for sale dated 4 February 2013 between Brickfield Properties Limited and Rosebel Holdings Limited, with Rosebel Holdings Limited named as beneficiary.
Overage / Uplift Clauses
No overage or uplift clauses identified
Lease Terms
The core terms of the lease: when it started, how long it runs, and what the property can be used for.AGL280414 — Subject — Leasehold
MX395170 — Subject — Leasehold
Ground Rent
The annual rent paid to the freeholder. Check escalation terms carefully — some older leases have doubling clauses that make the property unmortgageable.Service Charges
Costs for maintaining shared areas, collected by the managing agent or freeholder. Ask for recent accounts to assess whether charges are reasonable.Fire Safety & Building Safety Act
Fire safety documentation required for buildings with residential units. An EWS1 form or alternative evidence is needed for mortgage lending on buildings over 11 metres.Section 20 / Major Works
Large-scale building repairs or improvements funded by leaseholders. A Section 20 notice must be served before works costing more than £250 per leaseholder.Management
Who manages the building — the freeholder directly, a managing agent, or a resident management company controlled by leaseholders.Lease Restrictions
Restrictions imposed by the lease on what you can or cannot do — such as subletting, pets, alterations, or running a business.MX395170 — Subject — Leasehold
Assignment restricted in last 7 years
Assignment, underletting or parting with possession in last 7 years requires lessor's written licence (not to be unreasonably withheld, no premium).
No structural alterations without consent
No additional buildings beyond domestic shed and no alterations to building structure, walls or fences without lessor's prior written licence.
Private dwelling use only — no business
Use restricted to private dwellinghouse; no trade, manufacture or business permitted without licence.
Registration of dispositions required
All assignments, mortgages, underleases >21 years and other dispositions must be registered with lessor's solicitors within one month; £2.10 fee per document.
AGL280414 — Subject — Leasehold
Notice of assignment required
Upon every assignment, transfer, underletting, mortgage, charge or other dealing, the tenant must give the landlord written notice within one month and produce a certified copy to the landlord's solicitors, paying a registration fee of £50 plus VAT per document.
Forfeiture
The freeholder's right to terminate the lease if covenants are breached. Ground rent arrears are a common trigger — check the threshold and notice period.Searches Present
Searches found in the uploaded legal pack documents. A 'Clear' result means no adverse findings; 'Findings' means something was noted that may need further review.No searches found in uploaded documents
Not Found in Uploaded Documents
Searches that are commonly expected in a legal pack but were not found in the uploaded documents. This does not mean they were not conducted — they may have been omitted from the pack.Local Authority Search (CON29R)
Drainage and Water Search (CON29DW)
Environmental Search
Chancel Repair Search
Core Documents Not Found
Essential documents that were not found in the uploaded legal pack. These should be requested from the seller's solicitor before bidding.Contract of Sale
Search Documents Not Found
Property search documents not found in the uploaded pack. Auction properties are often sold without searches — check whether indemnity insurance is offered instead.Local Authority Search (CON29R)
Drainage and Water Search (CON29DW)
Environmental Search
Leasehold Documents Not Found
Leasehold-specific documents not found in the pack — such as the superior (head) lease or management pack (LPE1). Only relevant for leasehold properties.Management Pack (LPE1)
Existing Charges
Whether there is an existing mortgage or legal charge registered against the property. This is normally discharged from the sale proceeds on completion.Considerations
Issues that may affect a lender's willingness to offer a mortgage — such as short lease, non-standard construction, or restrictive covenants.Very Short Lease Term
The headlease and underlying flat subleases (90-year terms from 22 September 1950) have approximately 14 years remaining, which is far below the 80-year minimum that many lenders require, making the property unmortgageable for most mainstream lenders.
Good Leasehold Title
The title is registered as Good Leasehold rather than Absolute Leasehold, which means the superior title has not been verified by the Land Registry; many lenders treat this as a non-standard title class and may impose additional requirements or decline to lend.
Headlease/Sublease Structure
The property is held under a multi-layered headlease and sublease structure with the security being only part of a headlease sitting above existing flat leases; many lenders are cautious about such intermediate landlord arrangements due to complexity around service charge enforcement and insurance.
Mortgagee Sale With Limited Title Guarantee
The property is being sold by a mortgagee under power of sale with limited or no title guarantee and modified covenants; many lenders require clear evidence of the seller's authority and adequate title protection before advancing funds.
Collective Enfranchisement And Lease Extension Claims
A collective enfranchisement notice and multiple lease extension claims are registered against the freehold title, and completion of the transfer is conditional on the enfranchisement completing first; many lenders would want these resolved or fully clarified before accepting the title as security.
No Access For Inspection Or Valuation
The seller will not grant access to the property before completion and does not guarantee keys are available, which may prevent a lender from obtaining the full inspection or valuation evidence many lenders require.
Missing Information And Enquiry Replies
No completed leasehold management information form (LPE1), no standard pre-contract enquiry replies, and incomplete title register details have been provided; many lenders expect the buyer's solicitor to have this information before completion.
Unknown Arrears And Lease Breach Liability
The buyer takes on any existing ground rent and service charge arrears and indemnifies against lease covenant breaches, with no undertaking given for arrears; many lenders would want evidence that there are no unresolved arrears or compliance issues.
Restrictions On Assignment And Dealings
The lease contains a prohibition on assignment during the last 7 years of the term (from approximately 2033) and a general restriction on dealings noted on the register; many lenders require confirmation that assignment and charging are permitted with any necessary consents.
Option Agreement And Unilateral Notice
A 2013 option to grant 999-year flat leases and a unilateral notice protecting an agreement for sale are registered against the title; many lenders would want these reviewed as exercise of the option or the agreement could affect the value of the security.
Seller Disclosure (TA6)
Notable responses from the seller's Property Information Form — covering boundaries, disputes, notices, works, flooding, and other property matters.No notable TA6 findings
Fittings & Contents (TA10)
Notable items the seller has stated are included in or excluded from the sale — fixtures, fittings, curtains, appliances, etc.No notable fittings or contents items
Conservation & Heritage
Whether the property is in a conservation area or is a listed building. Both affect what alterations can be made and may require additional consents.Works & Alterations Identified
Building works or alterations identified in the legal pack documents. Check whether planning permission, building regulations sign-off, or indemnity insurance is in place for each.No works or alterations identified
Compliance Issues
Specific compliance concerns found in the documents — such as missing certificates, unauthorised works, or unresolved enforcement notices.No compliance issues identified
No current or recent tenancies identified in the uploaded documents.
Property
Basic information about the property being sold — address, title number, tenure, and type.Sale Details
The commercial terms of the auction sale — pricing, deposit, fees, completion timeline, and seller information.Items for Solicitor Review
Issues a qualified solicitor should review before you bid. These may affect the property's value, your obligations, or the terms of the sale.Conflicting lease term and expiry
The lease body states 90 years from 1950 while an endorsement states 96 years from 1980 expiring 2040 — the actual remaining term (possibly only ~14 years) must be confirmed, as this fundamentally affects the property's value and any lease extension strategy.
Good Leasehold title and superior title
The title is registered as Good Leasehold, meaning the superior (head) lease has not been verified by Land Registry. The head lease must be obtained and reviewed to confirm it has sufficient remaining term, is not in breach, and does not contain onerous provisions affecting this property.
Freeholder identity and freehold title
The freehold title register provided is from 2012 and is incomplete (missing proprietorship and charges registers). The current freeholder's identity is unclear — the lease names Daesan/Dacius Properties Ltd but Daejan Properties Limited appears elsewhere. An up-to-date complete freehold title must be obtained.
Lease extension eligibility and cost
With potentially only ~14 years remaining on the lease, the buyer needs advice on whether a statutory lease extension is available, the likely premium, and whether the short term makes the property unmortgageable.
Rosebel Holdings option and sale agreements
The title references an option agreement and agreement for sale in favour of Rosebel Holdings Limited from 2013, with a unilateral notice on the freehold. It must be confirmed whether these remain live, whether the option has been exercised, and whether the subject flat is affected.
Collective enfranchisement claim status
A collective enfranchisement notice from November 2016 and multiple individual lease extension notices are recorded on the freehold title. Their current status (completed, withdrawn, or pending) must be confirmed as they could affect the ownership structure and the buyer's position.
No title guarantee and no charge discharge
The transfer is being made without title guarantee (excluding the usual implied covenants) and the seller will not provide a standard discharge of their mortgage — the buyer relies solely on Land Registry registration to remove the charge. This is unusual and increases risk.
Arrears liability transferred to buyer
The property is sold subject to any existing ground rent and service charge arrears, but the amount of those arrears is not stated. The seller (a mortgagee not in possession) gives no undertaking about arrears, so the buyer could inherit significant unknown liabilities.
Incomplete transfer documents
The draft TR2/TP1 transfers are missing key details including the transferee name, completion date, consideration, specific flat numbers, headlease details, schedule of subleases, and a continuation sheet with modified covenants. These must be completed and reviewed before exchange.
Historic covenants and drainage agreements
The title is subject to 1935 drainage agreements and 1936 restrictive covenants on building and use. These should be reviewed to understand any continuing restrictions that could affect the property's use or development potential.
Items for Post Completion
Actions to take after completion — such as registering the transfer, notifying the freeholder, or setting up service charge payments.Notify landlord of assignment
Written notice of the assignment must be given to the landlord/freeholder (Daejan Properties Limited or their managing agent) within one month of completion, together with a certified copy of the transfer and a registration fee (£50 plus VAT, or £2.10 if the older lease provision applies).
Notify insurer of ownership change
The building insurance is in joint names of lessor and lessee — the insurer must be notified of the new owner's details promptly after completion.
Remove seller restriction after four months
A post-dated RX4 form will be provided to remove the seller's restriction from the title register. This should be submitted to Land Registry four months after completion — not before.
Apply to remove overreached entries
Check the register after completion for any overreached entries that survive registration and make a specific Land Registry application for their removal if needed.
Notice to seller before early resale
If the buyer resells the property within four months of completion, written notice must be served on the seller care of TLT solicitors.
Reconnect disconnected services
Check whether any utilities or services were drained down or disconnected before the sale and arrange reconnection as needed.
Information to Request
Documents or information that should be requested from the seller's solicitor or auction house before bidding. These may resolve open questions in the legal pack.Head lease copy
The head lease has not been provided. Without it, the buyer cannot verify the superior title, remaining term, or obligations that flow down to this property.
Deed of variation or endorsement explanation
No deed of variation or explanation has been provided for the conflicting 1980 commencement/96-year term noted on the lease back-sheet, which contradicts the lease body. This must be resolved to confirm the actual expiry date.
Complete freehold title register
Only the schedule of notices and filed plan for freehold title NGL425909 are provided. The full registers (including proprietorship and charges) are needed to confirm the current freeholder, any charges, and restrictions.
Rosebel and drainage agreement terms
The filed copies of the 2013 Rosebel option/sale agreements and the 1935 drainage agreements are referenced on the title but not included. Their terms could create obligations or restrictions affecting this property.
Missing TR2 pages and continuation sheet
The main TR2 form (showing transferor, charge date, execution details, and Panel 10 modified covenant wording) and the Panel 12 continuation sheet are not included. These are needed to understand the full transfer terms.
Ground rent and service charge arrears
The amounts of any ground rent and service charge arrears are not stated anywhere in the legal pack. The buyer is taking on these liabilities and needs to know the figures before bidding.
Completed LPE1 or management information
No LPE1 (leasehold property enquiry form) has been completed. Without it, the buyer has no information about service charges, management company, planned works, disputes, or building insurance from the managing agent.
Occupation and vacant possession status
The legal pack does not confirm whether the property is occupied or will be sold with vacant possession. The buyer needs to establish this through their own inspection and enquiries.
Schedule of subleases and flat identification
The draft transfer references a schedule of individual flat leases but this is not included, and the specific flat numbers comprised in the sale are not stated. The buyer needs to confirm exactly what is being purchased.
Prescribed clauses and lease front pages
The prescribed clauses section of the lease (LR1-LR10) appears cut off, meaning key registered details such as title number, parties, and term cannot be verified from the copy provided.
Addendum
A last-minute change to the auction conditions, property details, or both — whether printed in a catalogue supplement, given in writing by the auctioneers, or announced verbally at the auction. Bidders must check for addenda before bidding as they override the original terms.
Ancillary rights of entry
Rights allowing the landlord or other leaseholders to enter a property for purposes such as carrying out repairs, inspections, or maintenance to shared parts of the building. Without these rights, access for essential works may be difficult to enforce.
Authorised Guarantee Agreement (AGA)
A guarantee given by an outgoing tenant (here the seller) to the landlord, promising to cover the incoming tenant's (buyer's) obligations under the lease if they default. Often required by landlords as a condition of granting licence to assign.
Bidder Security
A pre-paid sum forming part of the participation fee. If you win, it counts as a partial payment towards your 10% contract deposit. If you don't win, it is refunded. It becomes non-refundable the moment you make the successful bid.
Collective enfranchisement claim
A statutory process allowing qualifying flat owners to buy the freehold of their building together through a nominated purchaser.
Extension
If a valid bid is placed in the final 60 seconds before the auction closes, the closing time is extended by 60 seconds. This can repeat indefinitely, meaning the auction only ends when no bids are placed in the final 60 seconds.
Financial charge
A mortgage or other loan secured against the property. The seller must pay off all financial charges on or before completion so the buyer receives the property free of them.
Forfeiture / Re-entry
Landlord's contractual right to terminate the lease and recover the property if tenant breaches terms such as non-payment of rent or covenant breaches. Courts may grant relief from forfeiture in some cases.
Headlease
An intermediate lease sitting between the freehold and the individual flat leases (subleases). The headlessee holds the building from the freeholder and the individual flat owners hold their leases from the headlessee. The subleases cannot outlast the headlease.
Leasehold Reform, Housing and Urban Development Act 1993
An Act of Parliament that gives qualifying leaseholders of flats the right to extend their lease by 90 years (on top of the remaining term) at a peppercorn rent, or collectively to buy the freehold of their building. Several leases on this estate have been extended under this Act.
Less 3 days
A standard drafting convention where a sub-lease is granted for a term slightly shorter than the head lease (typically 3 days less). This ensures the sub-lease expires just before the head lease, preserving the landlord's reversionary interest and avoiding a legal merger of the two interests.
Long Stop Date
The final deadline after which either party can rescind if the condition to the sale has not been satisfied.
LPE1
The standard leasehold enquiries form completed by the freeholder or managing agent, usually giving details of ground rent, service charge, arrears, insurance and planned works.
Mortgagee not in possession
A lender selling under its security without having taken physical possession of the property, so it usually has limited knowledge of condition, occupation and management matters.
Nominee Purchaser
The person or company chosen under the enfranchisement process to acquire the building on behalf of the participating leaseholders.
Non-Participators
The leaseholders in the building who did not join the enfranchisement purchase, whose flat leases remain subject to this transferred interest.
Notice to complete
A formal notice served by either party after the agreed completion date has passed, requiring the other to complete within 10 business days, making time of the essence. If the buyer fails to comply, the seller can terminate the contract, forfeit the deposit, resell the property and claim damages.
Old arrears
Unpaid rent owed under tenancies that pre-date the Landlord and Tenant (Covenants) Act 1995. These are harder to recover because the original tenant's liability may have passed to an assignee, and different rules apply to their collection after the property is sold.
Overriding lease
A lease inserted above existing flat leases so the holder becomes the intermediate landlord of those flats.
Participation fee
An upfront payment (minimum £5,000) required before you can bid, comprising the bidder security (which becomes part of your deposit if you win) and the buyer's fee (paid to BidX1). It is fully refundable if you don't win, but immediately non-refundable if you make the successful bid.
Party walls and fences
Shared boundary walls or fences. Maintenance and repair costs are split between owners. Here the east wall and separating fences are designated party structures.
Peppercorn rent
A nominal or token rent, effectively zero in practice. It exists to satisfy the legal requirement that a lease must reserve a rent, but no meaningful payment is expected.
Practitioner
An insolvency practitioner appointed under the Insolvency Act 1986 (e.g. an administrator, liquidator, or receiver). When a practitioner sells a property, they sell with no title guarantee and no personal liability, meaning the buyer has fewer protections than in a normal sale.
Section 146 notice
Formal notice landlord must serve before forfeiting for covenant breach (other than rent). Specifies breach and allows tenant time to remedy; tenant pays landlord's costs of the notice.
Section 42 notice (Leasehold Reform Act 1993)
A formal notice served by a qualifying leaseholder on the freeholder to claim the right to a new extended lease (typically adding 90 years to the existing term at a peppercorn rent). The leaseholder must pay a premium to the freeholder for this extension.
Stakeholder vs Agent (deposit holding)
When a deposit is held 'as stakeholder', the auctioneer holds it neutrally and cannot release it to either party until completion or contract termination. When held 'as agent for the seller', the seller can access the deposit before completion. BidX1's amended conditions default to holding as agent for the seller.
Subjacent and lateral support
The right to have your property physically supported by the land and structures beneath it (subjacent) and beside it (lateral). In a maisonette building, this means the ground floor structure must continue to support the upper floor, and neighbouring buildings must not be demolished in a way that undermines your property.
Subject to Vendor Confirmation
An alternative auction format where the highest bid is not automatically binding. Instead, it is presented to the vendor as an offer, and the vendor can accept, decline, or make a counter-offer. You are only bound if the vendor accepts.
Successful Bid
In a Standard Auction, the highest valid bid when the bidding period closes that meets or exceeds the reserve price. At that moment, you are legally bound to purchase — there is no cooling-off period.
Superior Lessors
Landlords higher in the ownership chain (freeholder and/or head leaseholder). They retain rights over the property and must usually be notified of dealings with the underlease.
The Relevant Date
The date on which the headlessee (Brickfield Properties) first assigns part of the premises to someone else. This triggers a shift in responsibilities: insurance, maintenance, and service charge obligations transfer from the headlessee to the freeholder (Daejan Properties).
TUPE
Transfer of Undertakings (Protection of Employment) Regulations — legislation that automatically transfers employees' contracts to a new owner when a business or property with staff is sold. Relevant if the property has on-site employees such as caretakers.
Underlease
Lease granted by a leaseholder (not the freeholder). Sits beneath a head lease and cannot exceed the head lease duration, creating extra ownership layer: freeholder → head lessee → underlessee.
VAT option (option to tax)
An election to charge VAT on a property (formally called an 'option to tax'). If the seller has made a VAT option, the purchase price may be subject to VAT at 20%, significantly increasing the buyer's cost unless the sale qualifies as a transfer of a going concern.