22Failure by purchaser or borrower to pay rates etc

22 Failure by purchaser or borrower to pay rates etc

(1) Except in cases where a condition has been inserted in the contract of sale, mortgage or other security in pursuance of section 37 of the Act, upon a failure by a purchaser or borrower to pay as it falls due any sum payable for rates, taxes, charges, assessments or outgoings in respect of the land or dwelling‑house which is subject to a contract of sale or mortgage, the Corporation may, if it thinks fit, pay the sum due, and may recover the amount paid, or any portion thereof, together with interest at the rate payable under the contract or mortgage, by action against the purchaser or borrower in any Court of competent jurisdiction.

(2) In any action for the recovery of rates, taxes, charges, assessments or outgoings under the last preceding subregulation a certificate in writing given by the Corporation, certifying that the sum named in the certificate was due by the purchaser or borrower and that it was still unpaid shall be prima facie evidence of the facts stated in the certificate.

(3) Any amount paid by the Corporation under subregulation (1) of this regulation shall, until repayment, be a charge under the contract of sale, mortgage or other security upon the property.