Nominee Purchaser

[VicLet]

Hi everyone,

I have posted here before about purchasing the freehold of two maisonettes, one of which I hold a long lease on. After failing to agree a price informally I am considering serving notice to acquire under the Leasehold Reform Act.

I note that a nominee purchaser is required on the form. As there are only 2 maisonettes and therefore 2 leaseholders, I was hoping we could jointly purchase. The nominee rule appears to require that only one leaseholder or one company purchase. Have I misunderstood this?

Thanks in advance.

[jeffrey]

Here's part of your answer: see http://www.landlordzone.co.uk/forums/showthread.php?t=19632
If both leaseholders participate, of course, that problem vanishes. They can nominate themselves- jointly- to enfranchise; no RTE company is needed.

[VicLet]

Jeffrey,

Thanks for the quick reply. I am not sure I fully understand though.

Both leaseholders wish to participate (it is actually one jointly owned lease and another owned in a company name).

Can we jointly purchase under the Act? The way I have read the rules, we either need to nominate one leaseholder (which seems very odd to me) or set up a company to purchase.

Thanks,

[jeffrey]

No. A nominee under s.13(3)(f)* of the 1993 Act can be singular or plural. The section even says "...the person or persons...".
*- original text, not yet amended by 2002 Act.

[VicLet]

Ah, I see. So the nominee purchaser can be the two leaseholders and the company collectively.

I had read that the 2002 Act required a RTE company but I think your other thread appears to cover this point.

Thank you Jeffrey.

[jeffrey]

Nominate:
a. one of the jointly-owned flat's leaseholders; plus
b. the company that is the other flat's leaseholder.