This Overview introduces the various forms of receivership used to enforce security over a property asset and covers the materials contained in the property receivership subtopic.
The appointment of a receiver remains a popular enforcement procedure for creditors with security over a property asset. The procedure for appointing receivers is relatively simple and does not involve the same levels of statutory compliance required in, for example, a company in administration. As such it is a cost-effective enforcement procedure.
This subtopic includes Practice Notes on the following:
pre-appointment considerations and review
enforcement by appointment of a receiver
enforcement by appointment of an administrative receiver
enforcement by a mortgagee
the role and duties of receivers, termination of receivership and remuneration of the receiver
information to assist navigating common issues arising during receivership
country guides
The subtopic includes Precedents for the appointment of a LPA/fixed charge receiver:
Demand letter—borrower and Demand letter—guarantor together with the guidance found in Practice Note: How to serve a demand for payment
borrower documentation inviting a receiver appointment (Invitation to appoint a receiver—letter and Invitation
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