Finance Disputes Solicitors

Sections 101 and 109 of the Law of Property Act 1925 let a fixed-charge lender appoint a receiver over your property without a court order, once any one of three statutory default conditions under section 103 is met.

If you are a borrower facing an LPA receiver, a lender seeking to enforce a charge, or either party disputing whether a loan default has actually occurred, the outcome in England and Wales turns on the precise wording of the finance documents and the statutory conditions under the Law of Property Act 1925. Our corporate and commercial law solicitors advise lenders and borrowers on finance disputes, and our multilingual team can manage the English law position clearly where a party to the finance documents is based overseas.

What does our finance disputes service cover?

Finance disputes move quickly once a default is alleged or a receiver is appointed, and the right strategy depends on which side of the transaction you are on. We advise and act on:

Advising lenders on appointing LPA receivers under sections 101, 103, and 109 of the Law of Property Act 1925.
Challenging the appointment of an LPA receiver where none of the three section 103 conditions was met or the demand procedure was defective.
Advising lenders on enforcing facility agreements and accelerating repayment following a borrower default.
Defending borrowers against enforcement action, including challenging alleged events of default.
Disputes over interest calculation, fees, and charges under a finance agreement.
Intercreditor disputes between lenders holding competing security over the same borrower.
Mis-selling and unfair relationship claims under the Consumer Credit Act 1974 where relevant.
Restructuring finance arrangements to avoid formal enforcement where possible.
Litigation and injunctive relief to prevent or respond to enforcement action, including receiver appointments.

Why choose Law Lane Solicitors for finance disputes?

A finance dispute is frequently won or lost on whether a lender could actually satisfy one of the three statutory conditions under section 103 of the Law of Property Act 1925 before appointing a receiver, a detail that gets overlooked by advisers unfamiliar with the mechanics of fixed-charge enforcement. Our company and commercial team, led by a director whose caseload spans international disputes and cross-border insolvency, applies the same close reading of statutory procedure that we bring to a complex restructuring.

We give you a straight assessment of your position, as the lender seeking to enforce or as the borrower resisting an appointment you believe was improper. We do not offer reassurance that fails to match the documents or the statute. We move quickly once enforcement is threatened, because delay narrows your options on both sides of a finance dispute. As a full-service firm, we also advise on the wider insolvency and corporate issues that often accompany a finance dispute.\

Get in touch

If you are a lender enforcing a charge or a borrower disputing enforcement, our commercial team can advise you on the strongest and most cost-effective way forward. Phone 020 7870 4870 or email info@lawlanesolicitors.co.uk to make an appointment.

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Frequently Asked Questions – Finance Disputes

What is an LPA receiver and when can a lender appoint one?

A Law of Property Act receiver, appointed under sections 101 and 109 of the Law of Property Act 1925, lets a lender with a fixed charge over property collect rent and protect the asset without going to court, provided the mortgage money has become due and one of the conditions in section 103 is met. Under section 103, the power to appoint a receiver arises once three months have passed since a notice requiring repayment was served, or interest is at least two months in arrears, or the borrower has breached another term of the mortgage. Unlike administration, appointing an LPA receiver is not an insolvency event and does not require the borrower’s consent. We advise lenders on appointing receivers correctly and borrowers on challenging an appointment made without proper grounds.

Can a lender call in a loan early and accelerate the full balance?

A lender can generally only accelerate repayment and demand the full loan balance where the facility agreement gives it that right, typically following a defined event of default such as missed payments, breach of a financial covenant, or an insolvency event affecting the borrower. Whether an event of default has actually occurred, and whether the lender has followed the correct contractual demand procedure, are common points of dispute. We advise both lenders exercising acceleration rights and borrowers challenging them.

What can I do if a lender appoints a receiver over my property without proper grounds?

You can challenge the appointment where the lender cannot show that any of the three conditions in section 103 of the Law of Property Act 1925 was actually met, where the demand procedure was defective, or where the power was exercised for an improper purpose. Acting before the receiver takes substantive steps, such as marketing the property, gives you far more options than acting afterwards. We advise on the strength of any challenge and the urgency of the steps needed.

What is the difference between a receiver and an administrator?

An LPA receiver is appointed by a single fixed-charge lender over a specific asset, acts to realise that lender’s security, and does not require a court application, while an administrator is appointed over the whole company, and typically requires a court order, or the appointment of a floating charge holder or the company itself, with duties to all creditors, not just one lender. Which route is available, and appropriate, depends on the nature of the lender’s security and the borrower’s overall financial position. We advise lenders and borrowers on which process fits the facts.

How much does an initial consultation cost?

We offer a fixed-fee initial consultation for finance dispute matters. At that meeting, we listen to your situation, identify the legal issues, and explain the steps and costs involved. Get in touch to arrange a time.