LPA Receiver | Practical Law

LPA Receiver | Practical Law

LPA Receiver

LPA Receiver

Practical Law UK Glossary 9-380-8575 (Approx. 5 pages)

Glossary

LPA Receiver

A receiver appointed to protect and manage secured assets by a creditor that has a mortgage or charge over them, in sole reliance on the provisions of the Law of Property Act 1925 (LPA 1925) (that is, where there is a mortgage made by deed but no express mention of the power to appoint a receiver or the powers of that receiver).
An LPA receiver has only the limited powers specified in the LPA 1925, namely to collect and apply the income from the secured asset (section 109(3), LPA 1925). For that reason, on enforcement, typically a chargee will appoint a person that has the powers of an LPA receiver under the LPA 1925, as well as the contractual powers given by the document creating the charge (section 101(3), LPA 1925) (known as a fixed charge receiver).
LPA receivers and fixed charge receivers must be distinguished from Administrative Receivers, who can be appointed by a floating charge holder, providing that one of the exceptions to the general prohibition on appointing an administrative receiver applies.