LPA Receivership Advice

The Isadore Goldman team have extensive experience working with insolvency practitioners and chartered surveyors who are acting as Law of Property Act (LPA) receivers. We can provide tailored support to LPA receivers, helping them to discharge their duties as smoothly and efficiently as possible.

Drawing on many decades of experience, we can help LPA receivers to carry out all parts of their roles effectively. We can also help to protect receivers against any legal risks and challenges.

Our expert legal team can offer support with all matters related to fixed charge LPA receivership, including:

• Validating the appointment of LPA receivers
• Notifying debtors of the appointment
• Interpreting the provisions in security documents, including the Receivers powers
• Property management
• Selling assets
• Leasing assets to secure rental income
• Defending claims against LPA receivers

As well as our work with insolvency practitioners, we also offer a wide range of insolvency and restructuring services for businesses, including those dealing with LPA receivers.

For immediate, expert advice on fixed charge LPA receivership, you can contact your local Isadore Goldman office in London, Norwich or Portsmouth, or email info@isadoregoldman.com.

Why choose Isadore Goldman for help with LPA receiverships?

Independently recognised expertise

Our expertise in insolvency law has been confirmed by high-profile client guides including Chambers & Partners and the Legal 500.

Specialist commercial property expertise

We can provide expert support with all types of commercial property transactions through our sister company Isadores.

Attractive funding packages

We can offer flexible funding packages, including on conditional fee terms where appropriate.

Out-of-the-box thinking

Across our team, we have experiences of the full range of insolvency situations, including those involving highly challenging and unusual circumstances. As such, we can provide out-of-the-box solutions for those situations other firms won’t have faced.

Our LPA receivership services

Validating the appointment of LPA receivers

When appointed as an LPA receiver, you must have your appointment validated. Having all of the proper legal checks carried out helps to ensure you are acting lawfully in your role.

We can check all relevant paperwork, making sure the lender’s power of sale has arisen and that they are properly entitled to appoint a receiver. Alongside this, we can investigate the lender’s charge, confirming the details for you.

Notifying debtors of the appointment

Following an appointment, the LPA receiver must make sure they have properly notified the debtor of their appointment and where appropriate, Companies House and H M Land Registry

We can assist with this, making sure that the notice is properly prepared and served, so there is no question about the legality of the process.

Interpreting the provisions in security documents

Where receivers’ powers are modified or extended by the express provisions of a security document, it is essential that those receivers are crystal clear about their duties and any limits on their powers.

Our team can interpret the terms of security documents, providing independent assurance to LPA receivers that they are acting properly and within the limits of their powers.

Property management

The LPA receiver’s role of managing relevant property can be taxing, so expert support is usually welcome. This can ensure all property management issues are identified and handled correctly.

We can advise on and assist with property management for LPA receivers through our sister company Isadores.

Selling assets

Often it will be necessary to sell property over which there is a charge in order to recoup the balance of the loan that is outstanding. Achieving a fast, smooth sale is usually desirable, but it is still important to make sure every detail is handled correctly.

We can support LPA receivers in selling property and other assets through our sister company Isadores.

Leasing assets to secure rental income

In some cases, it may be more advantageous to lease assets upon which there is a charge as securing an ongoing rental income may be the most favourable option. Commercial leases are notoriously complex, so procuring high level expertise is advisable.

The commercial property experts at our sister company Isadores can support LPA receivers with all aspects of leasing property.

Defending claims against LPA receivers

LPA receivers may sometimes find themselves subject to a claim relating to actions they have taken. Early expert advice can minimise the risk from any such claims, protecting the receiver.

We are highly experienced with all types of claims arising in relation to distressed businesses, so can provide seasoned advice and representation for these scenarios.

Our experience with LPA receiverships

Our experience extends to but is not limited to the following:

• Advising on potential liability for taking possession of dangerous premises
• Acting for receivers in court actions for orders for possession and sale
• Advising regarding planning matters including Section 106 agreements
• Advising Receiver(s) that an appointment was invalid and against proceeding with it
• Advising borrowers regarding proposed injunctions and claims that that Receiver selling at an undervalue
• Representing borrowers in negotiations with Receivers and Lenders leading to favourable settlements

Contact our experts for help with LPA receiverships

For transparent, pragmatic advice about fixed charge receivership, please speak to our expert team today. You can get in touch at one of our offices in Norwich, Portsmouth or London, or email info@isadoregoldman.com.