ABSTRACT
Where the charged property is revenue generating, for example, land which has been leased, the chargee may wish to collect the revenue and thereby satisfy his claims rather than sell the property. This might well be the case where the property was unsaleable. If the contract provides that the chargee or a receiver has the right to receive income generated by the property, there is no difficulty in enforcing such a contractual right. However, even if the contract does not create such a right, s 101 of the Law of Property Act 1925 allows the appointment of a receiver of income if the charge was created by deed. Section 101 applies to both legal and equitable charges. This power can be exercised only if the conditions set out in s 103 of the Act which are mentioned above have been satisfied.
