Nominee Purchaser

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    Nominee Purchaser

    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.

    #2
    Here's part of your answer: see http://www.landlordzone.co.uk/forums...ad.php?t=19632
    If both leaseholders participate, of course, that problem vanishes. They can nominate themselves- jointly- to enfranchise; no RTE company is needed.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      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,

      Comment


        #4
        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.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          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.

          Comment


            #6
            Nominate:
            a. one of the jointly-owned flat's leaseholders; plus
            b. the company that is the other flat's leaseholder.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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