LPA receivership & debt recovery

Our Chartered Surveyors specialising in LPA receivership act for banks, mortgage service providers, short-term lenders (including bridging and development loan providers), and family trusts who have secured their loans by a mortgage on commercial or residential property.

Our focus as LPA receivers is the recovery of debt and income streams from the charged property to repay or reduce liability to the lender when the borrower defaults on their payments. We have experienced LPA receivers that tailor our approach to debt recovery based on the specific needs of the lender whilst meeting our professional obligations as registered property receivers.

Our service and practices are fully compliant with FCA regulations and RICS codes of conduct.

Our service includes

• Pre-appointment consultation
• Pre-receivership support as a mediator between the two parties
• Open dialogue and clear lines of communication for all parties (lender, borrower & occupiers)
• Professional property assessments by a Chartered Surveyor & RICS registered valuer
• A tailored recovery strategy
• Maximising asset value to increase recovery
• Giving clear, unambiguous advice
• Meeting your compliance and legislation requirements as lenders
• Experience in difficult and sensitive negotiations

We act and advise on

• Pre-receivership support as a mediator between the two parties
• Securing, repairing and insuring the property
• Taking possession of the property where applicable
• Property management and disposal strategy
• Diverting rental income, handling monies due and minimising financial loss
• Pursuing planning permission, Implementing strategies, negotiating new leases, tenancy agreements or other actions that may improve the resalable value of the premises
• Arrange an efficient sale of the property
• Distribute proceeds of the sale to all relevant parties

Before we are appointed, lenders can offer proposals to the customer suggesting repayment options and outstanding liabilities in the form of a ‘pre-receivership report’. We can assist at this stage to act as a mediator between the two parties should this be required.

What is an LPA receiver?

The appointment of an LPA receiver is a legal method for a mortgage to be paid without the lender taking possession of the property. Once appointed, the receiver acts as the agent of the borrower rather than the lender.

When is an LPA receiver appointed?

An LPA receiver may be appointed by a finance lender under a clause in the mortgage or fixed charge or under the Law of Property Act 1925. The borrower must be in default with his/her mortgage, or there is a breach of a provision of the mortgage deed. An LPA receiver is more accurately described as a fixed charge receiver.

What does an LPA receiver do?

The primary duty of an LPA receiver is to deal with the property under his/her control, which includes collecting rent and other income from the property and may include its sale. All monies collected must be distributed in a strict order. The LPA receiver owes the borrower a duty of reasonable care in carrying on his/her business and/or disposing of the property.

What are the steps for debt recovery?

1. Pre-receivership support as a mediator between the two parties.
2. Securing, repairing and insuring the property.
3. Taking possession of the property where applicable.
4. Property management and disposal strategy.
5. Diverting rental income, handling monies due and minimising financial loss.
6. Pursuing planning permission, Implementing strategies, negotiating new leases, tenancy agreements or other actions that may.
7. improve the resalable value of the premises.
8. Arrange an efficient sale of the property.
9. Distribute proceeds of the sale to all relevant parties.

Do you conduct LPA receivership services in London?

Kempton Carr Croft’s Surveyors regularly work with lenders to provide LPA receivership services throughout London and the South East of England.

Our LPA receivership London practice is located in Mayfair, and we have a further seven offices to the West and South West of London.

Do you conduct receivership services in my area?

Kempton Carr Croft’s Chartered Surveyors regularly work with lenders to provide receivership services throughout London and the whole of the South East of England. The team works from offices in Basingstoke, Camberley, Gerrards Cross, Maidenhead, London, Reading, Staines and Windsor.