By whom fees to be paid

(1) In case the owner of any property on which any rate is payable under this Act neglects to pay such rate or any part thereof in the manner prescribed, the whole of such rate or such part of such rate as shall be unpaid shall be paid by the person in possession of such property who may deduct the amount paid together with compensation for all actual loss suffered in consequences of any legal proceedings against him for any rent or issues or profits thereof which may then be due or may thereafter become payable in respect of such property, and in the event of any action being brought by the owner of any property for the recovery of rent or issues or profits from any such person in possession of such property, the court before whom such action is brought shall allow to such person in possession the amount so paid and the compensation for loss so sustained as aforesaid. (2) Nothing in this section shall affect any agreement made between the owner and the person in possession with regard to the payment of the rate hereby imposed by the person in possession.