Self-correction in case of discrepancy or defect
By law, in the event that the landlord has not repaired the defect or non-conformity, even though he is required to do so, then the tenant may “repair the defect or non-conformity and demand from the landlord reimbursement of his reasonable expenses.”
It is interesting to compare this remedy to the right to compensation under section 10 and section 14 (a) of the Remedies Contracts Act, and it can be argued that the sums of money in all these cases are the same.
Take for example an old air conditioner that has broken down and the landlord is not repairing it.
The tenant used his right and purchased a new air conditioner, due to a lack of financial worth to repair an old air conditioner that costs half as much as a new air conditioner.
In this case on the one hand the tenant has benefited from the use of a new and economical air conditioner, on the other hand, the landlord has improved the apartment with a new air conditioner.
The tenant of course can claim to be offset by the cost of repairing an old air conditioner, but what about the difference between the cost of repairing and purchasing a new air conditioner? This matter is complicated. Because the landlord will claim that the tenant is not allowed to make changes to the apartment at all, even if it is an improvement.
On the other hand, the tenant may try to argue that there is a cause of making wealth and not in law.