Receivership

Overview

The Law & Property Act or Fixed Charge Receivership enables a lender to recover monies owed to them if a loan they have made is in default and is secured against a property. This form of redress is usually known as an LPA Receivership, after The Law of Property Act 1925.

Typically, the debt owed is recovered by the collection of rent from the property on which the loan is secured and / or the sale of the property.

Customarily the appointed Insolvency Practitioner (IP) will work alongside an agent, normally a firm of Chartered Surveyors in order to achieve the objectives of the appointment – i.e. the repayment of the secured loan.

Procedure

The power to appoint an LPA Receiver is contained within the loan agreement and arises when the borrower is in default of those terms.

The LPA Receiver will notify the debtor of the appointment and if the debtor is a limited company notice of the appointment will be filed at Companies House.