Law of property act receiverships law and practice

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

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.

• 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

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