PROTECTION OF TENANTS (SPECIAL PROVISIONS) ACT

Arrangement of Sections

1. Short title.

2. Use of force on tenants and causing damage to premises.

3. Withholding amenities provided to tenants.

4. Interference with occupation by tenants.

5. Prohibition of ejectment other than by an order of Court.

6. Procedure for ejectment.

7. Powers of the Commissioner.

7A. Restoration of amenities withheld and repair of damage caused to any premises by a landlord.

8. Prosecution to be with sanction of Commissioner.

9. Punishment for offences.

10. Offences by bodies corporate, associations, clubs or firms.

11. Retrospective operation of sections 5 and 6.

12. Operation of this Act.

13. The provisions of this Act to be regarded as an amendment of the Ceylon (Constitution) Order in Council, 1946.

14. Interpretation.

7 of 1972,

31 of 1974,

9 of 1978,

28 of 1970,

11 of 1982,

16 of 1984.

AN ACT to make special provision to prevent landlords from ejecting tenants by resort to threats, violence and harassment, by discontinuing or withholding amenities, by interfering in the use and occupation of premises or by other means, and to provide for matters incidental thereto or connected therewith.

[Commencement Date: 18th November, 1970, except sections 5 and 61]

1. Short title.

This Act may be cited as the Protection of Tenants (Special Provisions) Act.

2. Use of force on tenants and causing damage to premises.

No landlord of any premises or other person shall, either by himself or through any other person, directly or indirectly, make use of, or threaten to make use of, any force, violence, or restraint, or inflict or threaten to inflict, any harm, damage or loss upon or against the tenant of, or any person in occupation of, such premises, or damage, remove or tamper with any part of such premises, in order to induce, compel or prevail upon, such tenant or person to vacate such premises, or to make any payment of money in excess of the authorised rent of such premises.

3. Withholding amenities provided to tenants.

(1) No landlord of any premises or other person shall, either by himself or through any other person, without reasonable cause, discontinue or withhold any amenities or facilities previously provided for the tenant of, or the person in occupation of, such premises, or deprive, withhold or fail to repair or maintain in proper condition any essential supply or service previously provided to such tenant or person.

(2) .

[Rep by s 2 of Act 11 of 1982.]

4. Interference with occupation by tenants.

No landlord of any premises or other person shall, either by himself or through any other person, interfere or attempt to interfere in any manner in the occupation or use of any premises by the tenant of, or the person in occupation of, such premises or in any manner prevent access to such premises by such tenant or person.

5. Prohibition of ejectment other than by an order of Court.

(1) No landlord of any premises or other person shall, by himself or through any other person, eject or cause to be ejected from such premises, otherwise than on an order of a competent Court, the tenant of, or the person in occupation of, such premises notwithstanding anything to the contrary in any oral or written agreement by which such premises were let.

(2) —

(a) Where the tenant of, or the person in occupation of, any premises notifies the Commissioner that he has been ejected from such premises in contravention of the provisions of subsection (1), the Commissioner may hold an inquiry for the purpose of deciding the question whether or not such tenant or person has been ejected from such premises.

(b) The landlord of such premises and the person ejected shall be given an opportunity of being heard in person or through a representative at such inquiry. The Commissioner's decision on such question shall, notwithstanding anything in any other law, be final and conclusive and shall not be called in question in any court, whether by way of writ, order, mandate or otherwise.

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