Mortgage Receivership: Law and Practice

Summary

Mortgagees often appoint receivers, if the borrower falls into arrears. Perhaps because of the prevalence of buy-to-let mortgages, receivership appears to be used more often in the residential context than formerly, which has led to some recent case law, testing the effect of the receivers' agency in residential landlord and tenant law, such as Helman v John Lyon Free Grammar School Keepers and Governors [2014] EWCA Civ 17 in the context of a claim to acquire a freehold of a house in an enfranchisement under the Leasehold Reform Act 1967, and McDonald v McDonald [2014] EWCA Civ 1049 (appealed on other issues) which decided that receivers could serve a Housing Act 1988 s21 notice on a tenant of the mortgagor. This book seeks to answer crucial questions unanswered by the recent cases: what is the source and extent of the receivers' agency? Can receivers, for example, take possession against the mortgagor? When can the receiver be in a better position, as regards third parties, than the borrower is? This new book is a detailed and authoritative text on all aspects of mortgage receivership, surveying current case law and proposing analyses of the nature of receivership to answer some of the questions on which there is no direct authority. Mortgage Receivership also provides practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted. It is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.