28. Taking of measures by the tenant in case of emergency.

Notwithstanding anything contained in section 27, if the necessity for making any repairs or for taking any measures referred to in that section, is so urgent that any delay involved in the procedure referred to therein is likely to subject the tenant to personal loss, damage or serious inconvenience, the tenant may himself cause the notice referred to in section 27 to be served in the prescribed manner on the landlord requiring him to make such repairs or to take such measures within seventy-two hours of the service of such notice and shall in every such case submit, at the same time, a copy of such notice to the Controller together with an estimate of the cost of such repairs or measures to enable the Controller to make such inquires, as he may consider necessary about the necessity of such repairs or measures and the correctness of the estimate so submitted, and if, after the service of such notice, the landlord fails to make such repairs or take such measures within the time mentioned in the notice, the tenant may himself make such repairs or take such measures, as the case may be, and after completion of such repairs or measures, submit to the Controller a statement of the costs thereof and thereafter the Controller, after giving the landlord an opportunity of being heard and making such further inquiries as he may consider necessary, may, by an order in writing, determine the amount of the cost which the tenant is entitled to recover from the landlord, and the tenant may hereupon deduct the amount so determined from the rent or otherwise recover it from the landlord: Provided 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, Explanation.—The limitation as to the amount deductible or recoverable as provided in this section shall not apply to 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.