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The Local Authorities (Rental Auctions) (England) and Town and Country Planning (General Permitted Development) (Amendment) Regulations 2024

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Change 1

What to do with it
As published

10 Rental auction, fifth to tenth weeks: the marketing period

(1) As soon as reasonably practicable in the fifth week, the local authority must begin to market the premises by arranging for details of the premises, with a link to the auction pack to be included— (a) in a prominent position on the local authority’s website; (b) on a website which appears to the local authority to be one of the leading websites advertising commercial properties for rent. (2) The local authority must continue to market the premises as provided in paragraph (1) from the fifth week to the end of the tenth week (the “marketing period”). (3) The local authority must serve all bids received which satisfy the conditions in paragraph (4) (“valid bids”) on the landlord as soon as reasonably practicable after the end of the ninth week, and in any event by the end of the tenth week. (4) For the purposes of this regulation, a “valid bid” must— (a) specify an annual rental bid, exclusive of value added tax; (b) include a description of the bidder’s proposed use of the premises, which must be within the suitable high-street use specified by the local authority in the marketing brochure; (c) be submitted with— (i) the tenancy contract, validly signed by the bidder, and with the name and address of the bidder correctly entered on the contract; (ii) proof of the bidder’s identity, where this is reasonably required by the local authority; (d) be made by a person who is not the landlord or a subsidiary undertaking of the landlord, within the meaning of section 1162 of the Companies Act 2006, read with Schedule 7 to that Act; (e) be received by the local authority before the end of the tenth week. (5) Neither the local authority nor the landlord may disclose any information in relation to a valid bid to any other bidder or prospective bidder. (6) The local authority may liaise with any bidder or prospective bidder during the marketing period to assist the bidder or prospective bidder to submit a valid bid. (7) The local authority must— (a) serve any valid bids received after the end of the ninth week (“late bids”) which have not been served on the landlord under paragraph (3), or (b) serve notice on the landlord that no late bids have been received, as soon as reasonably practicable after the end of the tenth week, and at the latest before the end of the eleventh week.

Your change, as a redline

10 Rental auction, fifth to tenth weeks: the marketing period

(1) As soon as reasonably practicable in the fifth week, the local authority must begin to market the premises by arranging for details of the premises, with a link to the auction pack to be included— (a) in a prominent position on the local authority’s website; (b) on a website which appears to the local authority to be one of the leading websites advertising commercial properties for rent. (2) The local authority must continue to market the premises as provided in paragraph (1) from the fifth week to the end of the tenth week (the “marketing period”). (3) The local authority must serve all bids received which satisfy the conditions in paragraph (4) (“valid bids”) on the landlord as soon as reasonably practicable after the end of the ninth week, and in any event by the end of the tenth week. (4) For the purposes of this regulation, a “valid bid” must— (a) specify an annual rental bid, exclusive of value added tax; (b) include a description of the bidder’s proposed use of the premises, which must be within the suitable high-street use specified by the local authority in the marketing brochure; (c) be submitted with— (i) the tenancy contract, validly signed by the bidder, and with the name and address of the bidder correctly entered on the contract; (ii) proof of the bidder’s identity, where this is reasonably required by the local authority; (d) be made by a person who is not the landlord or a subsidiary undertaking of the landlord, within the meaning of section 1162 of the Companies Act 2006, read with Schedule 7 to that Act; (e) be received by the local authority before the end of the tenth week. (5) Neither the local authority nor the landlord may disclose any information in relation to a valid bid to any other bidder or prospective bidder. (6) The local authority may liaise with any bidder or prospective bidder during the marketing period to assist the bidder or prospective bidder to submit a valid bid. (7) The local authority must— (a) serve any valid bids received after the end of the ninth week (“late bids”) which have not been served on the landlord under paragraph (3), or (b) serve notice on the landlord that no late bids have been received, as soon as reasonably practicable after the end of the tenth week, and at the latest before the end of the eleventh week.

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