5.—(1) The amount outstanding under an agreement shall be a charge on and payable out of the estate of the agreement holder in the land constituting the hereditament.
(2) The charge created by paragraph (1) shall be enforceable in all respects as if it were a valid mortgage by deed created in favour of the Department by the person on whose estate the charge has been created (with, where necessary, any authorisation or consent required by law) and the Department may exercise the powers conferred by sections 19, 21 and 22 of the Conveyancing Act 1881(1) on mortgagees by deed accordingly.
(3) In this regulation “hereditament” means the hereditament which is the subject of the agreement.