10.
| (1) For the purposes of this Act, any part of any premises shall be deemed to have been let or sublet to any person, if, and only if, such person is in exclusive occupation, in consideration of the payment of rent, of such part, and such part is a defined and separate part over which the landlord or the tenant, as the case may be, has for the time being relinquished his right of control; and no person shall be deemed to be the tenant or the subtenant of any part of any premises by reason solely of the fact that he is permitted to use a room or rooms in such premises. |
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| (2) Notwithstanding anything in any other law, the tenant of any premises-
| | (a) shall not, without the prior consent in writing of the landlord, sublet the premises to any other person ; or | | |
| | (b) shall not sublet any part of the premises to any other person-
| | | (i) without the prior consent in writing of the landlord; and |
| (ii) unless prior to so subletting, he had applied to the board to fix the proportionate rent of such part of the premises and had informed the board and the landlord the name of the person to whom he proposes to sublet such part. |
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| (3) As soon as may be after the board has fixed the proportionate rent of such part of the premises, the tenant shall in writing intimate to the landlord and to the subtenant the amount fixed by the board as the proportionate rent. Any sum received as rent which is in excess of the proportionate rent fixed by the board shall be refunded by the tenant to the subtenant or set off against the rent payable thereafter by the subtenant. |
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| (4) Where the tenant of any premises has prior to the date of commencement of this Act sublet any part of such premises, and where the landlord of any premises has prior to such date let any part of such premises, and where the proportionate rent of the part sublet or let, as the case may be, has not been fixed by the board, it shall be the duty of the tenant and the subtenant of the premises sublet and of the landlord and the tenant of the part of the premises let, to make an application to the board within thirty days of the date of commencement of this Act, to fix the proportionate rent of the part sublet or let, as the case may be, and the board shall fix such rent on the basis of the authorized rent or the receivable rent, as the case may be. |
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| (5) Where the tenant of any premises sublets such premises or any part thereof without the prior consent in writing of the landlord, the landlord of such premises shall, notwithstanding the provisions of section 22, be entitled in a court of competent jurisdiction to a decree for the ejectment of such tenant from such premises, and also for the ejectment of the person or each of the persons to whom the premises or any part thereof had been sublet. |
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| (6) Where the tenant of any premises who has sublet such premises or any part thereof receives or recovers in respect of the premises or the part of the premises which he has sublet, any amount exceeding the authorized rent, or, as the case may be, the receivable rent or any amount exceeding such amount as the board has fixed as the proportionate rent of the part sublet, or receives or recovers, in addition to the authorized rent, the receivable rent or the proportionate rent, as the case may be, any premium, commission, gratuity or other like payment or pecuniary consideration whatsoever, such tenant shall be guilty of an offence under this Act, and the landlord of such premises shall, notwithstanding the provisions of section 22, be entitled in an action instituted in a court of competent jurisdiction to a decree for the ejectment of such tenant from the premises. |
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| (7) Nothing In sub-section (2), sub-section (5) or sub-section (6) shall apply to the subletting of any premises or part thereof without the prior consent in writing of the landlord, where such premises or part had been sublet prior to the date of commencement of this Act to any person, so long as that person continues to be the subtenant of the premises or part thereof. |
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| (8) Where any premises are sublet by a tenant in whole or in part the tenant shall in relation to the subtenant or each of the subtenants be deemed for all purposes of this Act to be the landlord of the premises and the other provisions of this Act shall apply accordingly. |
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| (9) No landlord of any premises shall let any part of such premises to any other person unless prior to so letting he had applied to the board to fix the proportionate rent of such part, and had informed the board the name of the person to whom he proposes to let such part. |
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| (10) As soon as may be after the board has fixed the proportionate rent of the part of the premises let by the landlord, the landlord shall in writing intimate to the tenant the amount fixed by the board as the proportionate rent. Any sum received as rent which is in excess of the proportionate rent fixed by the board shall be refunded by the landlord to the tenant or set off against the rent payable thereafter by the tenant. |
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| (11) Where the landlord receives or recovers in respect of any part of the premises which he has let, any amount exceeding such amount as the board has fixed as the proportionate rent of such part, or receives or recovers, in addition to such proportionate rent, any premium, commission, gratuity or other like payment or pecuniary consideration whatsoever, he shall be guilty of an offence under this Act, and where the tenant of any such part pays or offers to pay any amount exceeding such proportionate rent in respect of such part, or pays or offers to pay in addition to such proportionate rent, any premium, commission, gratuity or other like payment or consideration whatsoever, he shall be guilty of an offence under this Act. |
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| (12) The board shall give priority over the other proceedings before the board, to the hearing and determination of any application made under sub-section (2) (b) (ii) or sub-section (9) for the fixing of the proportionate rent, and the board shall fix such rent on the basis of one hundred and twenty per centum of the authorized rent or the receivable rent, as the case may be. |
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| (13) Where any premises are let, sublet or occupied in separate parts, which are not separately assessed for the purpose of rates, and the aggregate of the amount demanded or received as the rent for such separate parts exceeds the authorized rent, or, as the case may be, the receivable rent, of the premises, the landlord shall be deemed to have contravened the provisions of section 3 of this Act: |
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| (14) Where any premises are let or sublet prior to the date of commencement of this Act in separate parts which are not separately assessed for the purpose of rates, the landlord or the tenant, as the case may be, of such premises shall not demand, receive or recover as the rent of any part of such premises so let or sublet, any amount in excess of the proportionate rent fixed for such part by the board under this Act; notwithstanding that such part has subsequent to the date on which it was let or sublet, been separately assessed for the purpose of rates. |
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Sri Lanka Consolidated Acts