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Law of Property Act Receiverships: Law and Practice 3rd ed


ISBN13: 9780955283451
Previous Edition ISBN: 9780955283420
Published: July 2013
Publisher: Lime Legal Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



In recent times the LPA receiver (or fixed charge receiver) has been recognised as an economical and efficient method of enforcement for secure lender defaulting creditors. But the appointment, for which there is no need to be a licensed insolvency practitioner, is much underused by those advising lenders.

Law of Property Act Receiverships: Law and Practice has become the first port of call for any practitioner who needs to know about the powers and duties of this important office. This new edition has been fully updated to cover all recent cases and practice developments.

From appointment to vacation of office, this title benefits from the author’s unparalleled knowledge and experience acting over many years for LPA receivers and lenders instructing them. Whether a surveyor, insolvency practitioner, lawyer or lender, you will find the answer to your queries in Law of Property Act Receiverships: Law and Practice.

This hands-on and practical work has been fully updated and covers topics as:

  • The VAT status of LPA receivers
  • Restrictions and responsibilities in respect of buy-to-lets and other residential premises
  • Dealing with stock-in-trade and other chattels
  • What are the LPA receivers’ responsibilities to the borrower’s staff?
  • Selling the property: what are the duties to the borrower?
  • The increasing prevalence of human rights arguments
Whether surveyor, insolvency practitioner, lawyer or lender, you will find the answer to your queries in Law of Property Act Receivers: Law and Practice.

Subjects:
Insolvency Law, Property Law
Contents:
Chapter 1: The nature of ‘receivership’
History and origin of receivership
Distinguishing between different types of receivership
Mortgages over assets other than land
Advantages of LPA receiverships
Disadvantages of LPA receiverships

Chapter 2: Appointment
Who can appoint and who can be appointed
The form of appointment
Acceptance of appointment
Notices
Termination
Checking the security
Indemnity
Remuneration

Chapter 3: Powers of an LPA receiver
Statutory powers
The receiver as agent
The receiver as attorney
Power to trade
Power of sale
Power to grant and accept surrender of leases
Power to operate bank accounts
Power to insure

Chapter 4: Obligations of an LPA receiver
Taxes/VAT
Obligations under a lease
Repair and maintenance
Obligations as a landlord
Environmental liability
Employment contracts

Chapter 5: The future of receivership
Discussion of future trends and legislation

Precedents
Deed of Appointment
Form of Acceptance
Deed of Indemnity

Checklist for LPA Receivers
Legislation
List of useful addresses