Tenant Protection Bill: A Cure Worse Than the Disease

Quite rightly, the Government has agreed in court to reconsider the proposed Tenant Protection Bill. As currently worded, the Bill dangerously tilts the balance in favour of tenants, including those who default on rent, damage property, and fail to pay electricity and water bills — while leaving landlords virtually powerless.

If enacted in this form, the consequences are predictable. Investors will stop building houses for rental purposes, and existing owners will withdraw their properties from the rental market. The inevitable result will be a severe shortage of rental accommodation and a sharp escalation in rents — hurting precisely the people the Bill claims to protect.

This is not theoretical. I write from bitter personal experience. I rented out my house in Kandy to a businessman recommended by a trusted friend. Three months’ rent was paid in advance, partly in cash and partly by cheque. The cheque was dishonoured. From that point on, the tenant occupied the house for nearly two years without paying a single rupee in rent. He did not abscond; he answered calls and messages—but simply did not pay.

I spent considerable time and money travelling from Colombo attempting to resolve the matter amicably. When all ethical and legal avenues failed, only a firm ultimatum forced him to vacate. I lost two years of rent and had to spend an equivalent sum on repairs and refurbishment. Disillusioned, I stopped renting the house altogether. It has remained closed for over twelve years.

This is the reality many landlords face. The Minister in charge must ask a simple question: can a housing market survive if the law rewards non-payment and punishes ownership?

Upali Weerasinghe