36 Liability to repay is a charge on the premises

36  Liability to repay is a charge on the premises

(1)     The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.

[(2)     Subject to subsections (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—

(a)     left outstanding by the purchaser, or

(b)     advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.

(2A)     The following, namely—

(a)     any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and

(b)

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