As enacted

Contents

8. Amendment of section 22 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Section 22 of the principal enactment is hereby amended as follows : –

(a)

in subsection (1) of that section –

(i)

by the repeal of paragraph (b) of that subsection and the substitution therefor, of the following paragraph : –

“(b)

such premises are in the opinion of the court, reasonably required for occupation as a residence for the landlord, or any member of the family of the landlord, or for the purposes of the trade, business, profession, vocation or employment of the landlord, and such landlord has deposited, prior to the institution of such action or proceedings a sum equivalent to ten years’ rent or rupees one hundred and fifty thousand, whichever is higher, with the

Commissioner for National Housing and has caused notice of such action or proceedings to be served on the

Commissioner ; or” ;

(ii)

by the repeal of paragraph (bb) of that subsection ;

(iii)

in paragraph (d) of that subsection by the substitution for the words “default of the tenant or any such person.”, of the words

“default of the tenant or any such person ;

or ” ; and

(iv)

by the insertion immediately after paragraph (d) of that subsection, of the following paragraphs :–

“(e)

structural alterations have been made by the tenant to such premises without prior authorization in writing, of the landlord and the relevant local authority ; or

(f)

the character of such premises has been changed by the tenant partly or wholly from residential premises to one of business premises or vice versa without obtaining the prior authorization in writing, of the landlord ; or

(g)

the premises are required for the purpose of development and a sum equivalent to ten years’ annual value of such premises calculated as at the date of the institution of the action or twenty per centum of the market value of such premises as determined by the Chief Valuer as at the date of the institution of action or rupees one hundred and fifty thousand, whichever is higher, has been deposited by the landlord with the

Commissioner for National Housing for payment to the tenant as compensation. ” ;

(b)

by the repeal of subsection (1A) of that section and the substitution therefor, of the following :–

“(1A) Where the landlord has served notice on the Commissioner for National Housing of any action or proceedings for the ejectment of the tenant under paragraph (b) of subsection (1), the

Commissioner shall, in consultation with the General

Manager of the National Housing Development

Authority forthwith arrange for alternate accommodation to be provided to the tenant of such premises and upon such arrangement being made notify the court of—

(i)

the availability of alternate accommodation to the tenant of such premises ;

(ii)

the sale-price of such alternate accommodation ; and

(iii)

the balance amount, after setting off the sum deposited by the landlord under paragraph (b) of subsection (1), of the sale-price the tenant would have to pay, without any interest thereon, in seven hundred and twenty equal installments in order to become the absolute owner of such alternate accommodation. ” ;

(c)

in subsection (1B) of that section, by the substitution for the words and figure “any premises referred to in paragraph (bb) of subsection (1) is or are instituted in any court,”, of the words “any premises, is or are instituted in any court,”;

(d)

by the repeal of subsection (1C) of that section and the substitution therefor of the following :—

“(1C) Where a decree for the ejectment of the tenant of any premises is entered by any court on the ground that such premises are reasonably required for occupation as a residence for the landlord or any member of the family of such landlord, or for the purposes of the trade, business, profession, vocation or employment of the landlord, and-

(a)

where the Commissioner of National

Housing has under subsection (1A) notified court that he is able to provide alternate accommodation for such tenant ; or

(b)

where the Commissioner of National

Housing has failed to notify court of the availability of alternate accommodation under subsection (1A) for over a period of one year from the date of decree of ejectment and the court is satisfied on application made by the landlord stating that—

(i)

the sum of money required to be deposited by him with the

Commissioner for National Housing under paragraph (b) of subsection (1)

has been deposited ;

(ii)

the Commissioner for National

Housing has faild to notify court of the availability of alternate accommodation under subsection (1A) ; and

(iii)

a period of one year has elapsed since the date on which the decree for ejectment was entered and he is entitled to obtain a writ of execution, the court shall forthwith issue a writ in execution of the decree to the Fiscal of the court requiring and authorizing him to deliver vacant possession of the premises to the landlord of such premises. ” ;

(e)

in subsection (1D) of that section, by the substitution for the words “a writ in execution of a decree for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (1) is issued by any court,”, of the words “a writ in execution of a decree for the ejectment of the tenant of any premises is issued by any court,”;

(f)

in subsection (2) of that section—

(i)

in paragraph (d) of that subsection by the substitution for the words “default of the tenant or any such person.”, of the words

“default of the tenant or any such person ;

or” ; and

(ii)

by the insertion immediately after paragraph (d) of that subsection, of the following paragraphs :—

“(e)

structural alterations have been made by the tenant to such premises without prior authorization in writing, of the landlord and the relevant local authority ; or

(f)

(g)

the premises are required for the purpose of development and a sum equivalent to ten years’ annual value of such premises calculated as at the date of the institution of the action or twenty per centum of the market value of such premises determined by the Chief Valuer as at the date of the institution of action, or rupees one hundred and fifty thousand, whichever is higher, has been deposited by the landlord with the

Commissioner for National Housing for payment to the tenant as compensation.”;

(g)

in subsection (3) of that section—

(i)

by the repeal of paragraph (a) of that subsection and the substitution therefor, of the following :—

“(a)

if the landlord has not given the tenant three months’ notice of the termination of tenancy ; or”; and

(ii)

in paragraph (c) of that subsection, by the substitution for the words “all arrears of rent.”, of the words “all arrears of rent and provided such tendering of arrears being the first occasion.”

(h)

in subsection (5) of that section, by the substitution for the words “make order that a writ for the ejectment of”, of the words “make, on not more than one occasion, order that a writ for the ejectment of”;

(i)

in subsection (6) of that section—

(a)

by the substitution for the words “one year’s notice in writing of the termination of the tenancy ;”, of the words “six months’ notice in writing of the termination of the tenancy.’”; and

(b)

by the repeal of the proviso to that subsection ;

(j)

in subsection (7) of that section by the substitution for the words “premises on a date prior to the specified date ;”, of the words “premises on a date prior or subsequent to the specified date by inheritance or gift from a parent or spouse ;” and

(k)

by the repeal of subsections (8), (9), (10), (11), (12), (13), (14), (15) and (16) of that section and the substitution therefor, of the following subsection :—

“(8) For the purposes of the foregoing provisions of this section, “alternate accommodation” means any house, apartment, flat or dwelling unit which has a floor area of not less than four hundred square feet and which is situated within a radius of twenty kilometers of the premises in respect of which the action or proceeding is pending in Court.”.

(2)

The amendment made to the principal enactment by subsection (1) of this section shall mutatis mutandis apply to decrees entered prior to the date of commencement of this

Act, subject to—

(a)

the requirement that the landlord of such premises shall deposit the required sum with the

Commissioner of National Housing, within two months of the date of coming into operation of this

Act, ;

(b)

the requirement that the Commissioner of National

Housing shall, where decree has already been entered, provide alternate accommodation to the tenant of such premises ; and

(c)

the condition that the period of one year will commence with effect from the date on which the required amount is deposited with the Commissioner of National Housing.

Read on from s 9