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Order Now Law of Property Act Receivers: Law and Practice 3rd Edition

John Hughes, Shakespeares LLP

£65 + £4.50 p&p

Publication June 2013
Casebound
ISBN 978-0-9552834-5-1

In recent times the LPA receiver (or fixed charge receiver) has been recognised as an economical and efficient method of enforcement by mortgagees against defaulting borrowers. 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.

About the Author
John Hughes is a consultant with Shakespeares LLP, solicitors, and was formerly senior partner at Needham & James. John enjoys a national reputation as a leading authority on LPA receiverships. He is a council member of NARA, the professional body representing fixed charge receivers. His clients include banks and other institutional lenders.

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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

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