27. Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so.

(1) The Controller shall, on application made to him in this behalf by any tenant in possession of any house or shop, cause a notice to be served in the prescribed manner on the landlord thereof requiring him to make any repairs which such landlord is bound to make to the house or shop or to take any measures for the due maintenance of any essential supply or service, such as the maintenance of the supply of water or electricity, the maintenance of conservancy or sanitary service and the maintenance of any lift, which such landlord is bound to maintain in the house or shop under the conditions of the tenancy or according to local usage. (2) If, after the service of such notice, the landlord fails to show proper cause or neglects to make such repairs or take within reasonable time such measures, as the case may be, the tenant may submit to the Controller an estimate of the cost of such repairs or measures and may apply to him for permission to make such repairs or to take such measures himself and, thereupon the Controller may, after giving the landlord an opportunity of being heard and after considering such estimate of cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs or to take such measures, as the case may be, at a cost not exceeding such amount as may be specified in the order, and it shall thereafter be lawful for the tenant to make such repairs or tax take such measures himself and to deduct the cost thereof, which shall in no case exceed the amount so specified from the rent or otherwise recover it from the landlord: Proved that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year: Provided further that, if the repairs or measures, though necessary in the opinion of the Controller, exceed in cost the said amount, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs or to take such measures. (3) The repairs or measures mentioned in sub-section (1) shall not be deemed to include such repairs or measures without which the house or shop is not habitable or usable except with great inconvenience, like keeping them wind and water tight. The landlord shall be bound to make such repairs or take such measures in any event. On his failure to do 50 the provisions of sub-sections (1) and (2) shall apply without the limitation as to the amount deductible or recoverable as provided in the said sub-sections.