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Payment to tenant in case of disrepair of controlled dwelling owing to default of landlord.
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40.—(1) Subject to the subsequent provisions of this section, where owing to the default of the landlord a controlled dwelling is not in good and tenantable repair, the Court may order the landlord to pay to the tenant such sum as, in the opinion of the Court, will be required to put the dwelling into good and tenantable repair.
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(2) The Court may refuse to make an order under this section if the landlord satisfies the Court that, having regard to the age, condition, character and situation of the relevant controlled dwelling,—
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(a) the cost of putting it into good and tenantable repair would involve an expenditure which would be excessive having regard to the value of the dwelling or the rent which a tenant might reasonably be expected to pay, or
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(b) the dwelling could be put into good and tenantable repair only by being rebuilt or reconstructed or structurally altered to a substantial extent.
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(3) If, at the time of the application for or the making of any order under this section, the landlord undertakes to put the relevant controlled dwelling into good and tenantable repair, the Court may adjourn the application, or stay or suspend execution on the order, and if the undertaking is fulfilled the Court may discharge the order.
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(4) A sum awarded to a tenant by an order under this section shall be expended on suitable repairs to the controlled dwelling to which the order relates, and the order may be made subject to such conditions as the Court thinks fit to impose for the purpose of ensuring that the said sum is so expended.
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(5) The right of the tenant to obtain relief under this section shall not prejudice his right to seek relief in any other form of proceedings.
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