(1)In the absence of an written agreement, essential repairs in a year involving expenditure upto 5% of the annual rent shall be carried out by the tenant at his own cost and essential repairs involving expenditure in excess of 5% of the annual rent shall be carried, out by the landlord on receiving notice from the tenant :Provided that where the landlord neglects to undertake essential repairs within a period of fifteen days from the date of receipt of notice, the tenant shall be at liberty to move the [Rent Authority] [Substituted 'Rent Tribunal' by Rajasthan Act No. 33 of 2017, dated 27.9.2017] for permission to undertake the repairs, alongwith estimate of such repairs, and where permission is granted by the Rent tribunal, it shall also pass orders with regard to the recovery of each cost from the landlord by setting off the amount against the rent payable by the tenant.(2)The provisions of Sub-secs. (2), (3) and (4) of Sec. 23 shall apply mutatis mutandis to the proceeding before [Rent Authority] [Substituted 'Rent Tribunal' by Rajasthan Act No. 33 of 2017, dated 27.9.2017] under this section.
