Sri Lanka Consolidated Acts

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Rent (Amendment) Act (No. 26 of 2002) - Sect 8

Amendment of section 22 of the principal enactment

8.
(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 :-
(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 an 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 paragraph :-
(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 consolation with the General Manager of the National Housing Development Authority forthwith arrange for alternative accommodation to be provided to the tenant of such premises and upon such arrangement being made notify the court of-
(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-
(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 :-
(g) in subsection (3) of that section-
(i) by the repeal of paragraph (a) of that subsection and the substitution therefor of the following :-
(ii) in paragraph 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 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 subsection 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 mutands 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.


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