Section 35 — Occupier may execute work in default of owner

(1)Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by the owner, an occupier of the premises may, with the approval of the Commissioner of Building Control, cause the work to be executed.

(2)The costs and expenses thereof are recoverable by the occupier from the owner or the amount may be deducted out of the rent from time to time becoming due from the occupier to the owner.

(3)The occupier may, in the absence of any special agreement to the contrary, retain possession of the premises until the costs and expenses incurred by the occupier have been fully reimbursed.