One of the UK’s largest independent property consultancies with a renowned industry reputation for specialist restructuring and recovery services to Insolvency Practitioners (IP) ranging from the “Big Four” through to smaller niche practices.
Often working alongside our Machinery and Business Assets division, we are able to offer an all-encompassing service to our clients across a wide range of asset classes.
We also act as Fixed Charge Receivers for a variety of lenders having taken such appointments for in excess of 25 years - please see Fixed Charge Receiverships below.
We provide advice to our IP clients on both property and machinery and business assets to:
- Supervisors and Trustees
- Fixed Charge / Law of Property Act Receivers (where an IP is appointed)
We are an established name with proven expertise and understanding of the often demanding and time sensitive requirements of Insolvency Practitioners and associated stakeholders across a range of insolvency appointment processes.
Our advice will involve an initial appraisal of properties and machinery and business assets, be this pre (business restructuring) or post formal insolvency proceedings, and follows through to specialist advice regarding value and, where necessary, relevant disposal strategy to ensure best value is obtained.
Our senior personnel are RICS Registered Valuers, who are able to provide initial options advice or fully compliant Red-Book Valuations.
We pride ourselves on the range of in house disciplines which enhance our client offering – the services most relevant include:
Fixed Charge Receiverships
In what are likely to be very challenging times for lenders and their customers alike, it is crucial that experienced professionals are used to not only achieve the best financial outcome but also to manage the reputational risks that come with enforcement action.
Sanderson Weatherall has one of the largest teams of active LPA Receivers in the UK, offering local expertise and a hands-on approach across its national office network.
The team of 9 qualified RICS Registered Property Receivers, operating from London, Birmingham, Manchester, Leeds and Southampton, has a wealth of experience in dealing with all asset classes from agriculture, residential development and commercial investments through to buy to let residential portfolios. Its lender clients include national and international, clearing and challenger banks, bridging lenders, debt servicers and private high net worth individuals.
The team works closely with internal and external consultants, bringing in expertise in planning, building consultancy, management and agency as appropriate. Our Receivers are members of The Association of Property and Fixed Charge Receivers (NARA) Scheme and registered with the RICS and between them have over 200 years of combined insolvency / receivership experience counting two ex NARA chairman amongst its group.
We frequently accept Fixed Charge / Law of Property Act Receiverships for the following:
- High Street banks
- Building Societies
- Challenger / alternative lenders
- Private individuals
Our experience in this area of recovery work is extensive and on a nationwide level. We have taken in excess of 200 Receivership appointments in the past three years covering a number of varying property sectors.
Please click here to read more about our LPA Receivership service.
What is a Fixed Charge Receivership?
Originally a creation of the Law of Property Act 1925 (s101), the powers afforded to a Law of Property Act (“LPA”) Receiver are limited by modern standards and an appointment is usually made under the lender’s fixed charge (mortgage) as well as under the powers afforded by 1925 Act.
The acronym “LPA” is usually adopted as a convenient form of shorthand and is used as such below. The appointment will normally relate to real property but can also relate to items of plant and equipment.
In addition to a formal LPA process there are other exit routes available to secured lenders where we can advise and assist:
- Assisted Voluntary Sales
- Mortgagee in Possession
- Mortgagee not in Possession
- Assistance to Lenders seeking possession
The LPA Receivership process is not complicated and in effect creates distance between the mortgagee and the mortgagor. A Receiver acts as agent for the mortgagor (borrower) and whilst the principal obligations are to the mortgagee (lender), the Receiver has a duty of care to the borrower for proper conduct and to obtain best price at the point of sale.
We are fully aware of the FCA requirement surrounding the fair treatment of customers (TCF) and work with our secured lender clients in adhering to this requirement in each property recovery assignment.