Section 122 — Tenant application

122 (1) A tenant or former tenant may apply to the Board for relief if the landlord and the tenant or former tenant agreed to an increase in rent under section 121 and,

(a) the landlord has failed in whole or in part to carry out an undertaking under the agreement;

(b) the agreement was based on work that the landlord claimed to have done but did not do; or

(c) the agreement was based on services that the landlord claimed to have provided but did not do so.

(2) No application may be made under this section more than two years after the rent increase becomes effective.

(3) In an application under this section, the Board may find that some or all of the rent increase above the guideline is invalid from the day on which it took effect and may order the rebate of any money consequently owing to the tenant or former tenant.