Landlord and Tenant Act, 1931

Right of set-off against rent in certain cases.

61.—(1) Where the landlord of a tenement fails or neglects to execute repairs to such tenement which he is bound by covenant, agreement, or otherwise by law to execute and has been called upon by the tenant of such tenement to execute, and such tenant executes such repairs at his own expense, such tenant may—

(a) where the amount expended by him in the execution of such repairs is equal to or less than the amount of the next gale of the rent of such tenement accruing due after such expenditure, set-off the amount so expended, so far as it will extend, against such gale of rent, or

(b) where the amount so expended by such tenant exceeds the amount of such gale of rent, set-off the amount so expended against such gale of rent and every succeeding gale of such rent until by means of such set-off the amount so expended is repaid to such tenant.

(2) Where a set-off is made under this section against the whole or part of a gale of rent, the landlord entitled to receive such rent shall, on receiving evidence of the expenditure of the amount so set-off, be bound to give the like receipt for such gale of rent as he would be bound to give if such gale or the whole of such gale had been paid in money.