What is Protection of Occupants Bill ?

Colombo, Feb. 5 (Daily Mirror) - The Protection of Occupants Bill, 2025, gazetted in September last year, was recently tabled in Parliament by Minister of Justice and National Integration Harshana Nanayakkara, aiming to introduce legal safeguards against the arbitrary eviction of occupants from premises.

Objective of the Bill

According to its preamble, the primary objective of the proposed legislation is to prevent landlords from ejecting persons in occupation of premises and to provide for matters connected or incidental to such protection.

Who is covered?

Clause 2 of the Bill states that its provisions apply to: a). persons in lawful occupation of a premises; b). persons who have been in undisturbed and uninterrupted occupation of a premises for a period exceeding three months.

Safeguards for occupants

The protections afforded to occupants are set out in Clause 3, which prohibits a landlord, either directly or through another person, from:

• discontinuing or withholding any amenity, facility, essential supply, or utility service previously provided; and
• refusing, withholding, failing to repair or maintain, or denying permission to repair or maintain such amenities or services in proper condition.

Prohibition of coercive conduct

Under Clause 4, landlords are barred from damaging, demolishing, or tampering with premises, either directly or indirectly, with the intention of inducing or compelling an occupant to vacate.

Restrictions on eviction

Clause 5 provides that an occupant shall not be ejected in contravention of:

• the terms and conditions of a lease or tenancy agreement entered into in terms of written law; or
• a decree or order of a competent court.

Right to legal action

Clause 6 empowers an occupant to institute legal proceedings against a landlord for acts or omissions referred to in Clauses 3, 4, or 5. Such action must be filed in the court having jurisdiction within one month of the alleged act or omission.

Relief that may be sought includes orders:

• restoring amenities, facilities, essential supplies, or utility services, or granting permission to repair and maintain them;
• restraining the respondent from using or threatening force, violence, harm, damage, or loss against the occupant; and
• preventing damage, demolition, or tampering with the premises.

Interim relief and timelines

Based on the material facts of the petition, the court may issue an order nisi or an interlocutory order, effective for a period not exceeding fourteen days.

Expeditious hearings

Clause 7(4)(a) mandates that applications be heard and determined expeditiously, with the court required to complete the hearing within three months of the filing of the petition.

Where the respondent files a statement of objection, Clause 7(4)(b) provides that the hearing must be concluded within nine months from the date the court receives such objections.

Enforcement of orders

Clause 9(1) empowers the court, when making an order nisi for restoration of amenities or essential services, to direct that failure to comply within the specified period would result in execution of the order in a manner determined by the court.

Restoration of possession and punishments

Clause 10 outlines provisions for restoring an occupant to vacant possession of the premises. The court may direct the Fiscal to restore possession forthwith and may punish any person who resists or obstructs such restoration for contempt of court, with a fine not exceeding Rs. 500,000, imprisonment for a term not exceeding one year, or both.

Appeals and stay of orders

Under Clause 11(a), execution of a final order shall not be stayed unless a specific stay order is issued by a competent higher court.

Clause 11 further provides that any person aggrieved by a final order may prefer an appeal in terms of Section 754(1) of the Civil Procedure Code.