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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Law of Property Act Receiverships: Law and Practice 3rd ed isbn 9780955283451

Law of Property Act Receiverships: Law and Practice 2nd ed

ISBN13: 9780955283420
New Edition ISBN: 9780955283451
Previous Edition ISBN: 0752000462
Published: February 2007
Publisher: Lime Legal Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print

Following the demise of administrative receiverships under the Enterprise Act 2002, Law of Property Act Receivership has become an increasingly popular method of enforcing security held by mortgagees. Yet few insolvency practitioners or other advisers instructed by lenders have the knowledge and experience necessary to use the powers conferred by the Law of Property Act to maximum effect.

In this timely and practical work, John Hughes analyses LPA receiverships in detail – from appointment to vacation of office – explaining their advantages and disadvantages by comparison with other insolvency procedures. He sets out the powers and obligations of officeholders, together with their potential liabilities – and how to avoid them.

This hands-on commentary will answer a myriad questions such as:-

  • Who can be appointed as an LPA receiver?
  • How can the receiver deal with assets other than land?
  • What are the receiver’s duties and to whom are they owed?
  • In what circumstances can a receiver be removed from office?
  • What arrangements will govern the receiver’s remuneration?

Insolvency Law, Property Law
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
2 Appointment
who can appoint and who can be appointed
the form of appointment
acceptance of appointment
checking the security
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
4 Obligations of an LPA receiver
taxes / VAT
obligations under a lease
repair and maintenance
obligations as a landlord
environmental liability
employment contracts
5 The future of receivership
discussion of future trends and legislation
Deed of Appointment
Form of Acceptance
Deed of Indemnity
List of useful addresses