Sales and leases by LPA/fixed charge receivers: due diligence on appointment validity, powers and restrictions, title and releases, and HM Land Registry requirements (England and Wales)

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When completing a transfer from a fixed charge receiver, the title deeds ought to contain:

the original, or a certified copy, of the legal charge or mortgage under which the receiver was appointed
a certificate from the chargee (or their conveyancer) confirming that the power of appointment under the legal charge or mortgage has arisen
the original, or a certified copy, of the deed appointing the receiver
a certified copy of the receiver’s notice accepting the appointment (the chargee retains the original)

HM Land Registry will require all of the above to register the buyer’s transfer. The charge is typically entered against the property title, and HM Land Registry will also verify that it:

has been filed at Companies House
has been duly executed
includes authority for the receiver to be appointed and to complete the disposition

In most instances, charges contain an express power of appointment triggered by specified events of default; if not, and provided the mortgage is executed as a deed, a power of appointment will be implied under section...

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Web page updated on 22/05/2026

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