What is a Receivership?
Receiverships are a process under which a receiver (often a licensed insolvency practitioner) is appointed to collect and/or deal with the property over which they have been appointed.
There are 4 principal types of Receiverships:
Court Appointed Receiverships
Fixed Charge Receiverships
LPA Receiverships
Administrative Receiverships
Whilst all of these types remain in usage to varying degrees, the most frequently used of these are Fixed Charge Receiverships.
What is a Fixed Charge Receivership?
A Fixed Charge Receivership occurs when a secured creditor, typically a bank or lender, appoints a receiver to take control of a specific asset, often property and usually under the terms of a legal mortgage or debenture. The receiver’s role is to realise the assets covered by the security, repay the outstanding secured debts, and protect the lender’s interests without assuming control of the wider business or company.
We are often appointed under the Law of Property Act 1925 (LPA receivership) where control of the rental income stream is a key strategic concern. Unlike administrative receiverships, which apply to older security instruments and have largely fallen out of use following the Enterprise Act 2002, Fixed Charge Receiverships remain a powerful and cost-efficient remedy for creditors holding a Fixed Charge, particularly over real estate and income-generating properties.
When do we Recommend a Fixed Charge Receivership?
Fixed charge receiverships can be highly effective in the following scenarios:
- The borrower is in default and arrears have accrued
- The asset is mismanaged or at risk of deteriorating in value
- The income stream such as rent is not being properly collected or allocated
- A consensual sale or refinance is no longer viable
- The lender requires an independent party to take control of the asset
We work closely with lenders to ensure our appointment is both commercially sensible and legally sound, often collaborating with solicitors, surveyors, and managing agents to deliver the best outcome.
Our Receivership Approach
We bring a commercially minded, hands-on approach to receiverships. We understand the importance of speed, discretion, and value preservation, and we act swiftly to:
- Secure and protect the asset
- Appoint agents and/or legal support as required
- Optimise asset value through rent collection, lease restructuring, or strategic disposal
- Maintain open communication with lenders and stakeholders throughout
Where appropriate, we will explore consensual solutions first. However, where enforcement is necessary, we act decisively and professionally to recover value.
Why Choose Menzies?
We combine deep technical expertise in restructuring and insolvency with real-world commercial awareness. Our team has extensive experience in:
- Residential and commercial property recovery
- Property development finance enforcement
- Multi-asset portfolios
- Complex borrower structures and cross-border assets
Our priority is always to maximise realisations while minimising risk to ensure a clean and cost-effective process for our clients whilst also minimising exposure for the borrower.