Sri Lanka Consolidated Acts

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Rehabilitation Of Persons, Properties And Industries Authority Act (No. 29 of 1987) - Sect 11

Provisions relating to rights of tenants in or over affected property

11.
(1) Where any affected property consists of premises to which the Rent Act, No.7 of 1972 (in this section referred to as "the Rent Act") applies, then
(a) any person who was the tenant of such premises on the day immediately proceeding the relevant date shall be entitled to enter upon and occupy such premises and it shall be the duty of the landlord to permit such tenant to enter upon and occupy such premises;
(b) such person shall be deemed not to be in arrears of rent in respect of such premises for the period commencing on the relevant date and ending on July 31, 1984 or the date on which such premises are repaired or restored which ever date is earlier;
(c) no action shall be instituted for the ejectment of such tenant from such premises under section 28 of the Rent Act in relation to the period commencing on the relevant date and ending on July 31, 1984 or the date on which such premises are repaired or restored which ever date is earlier;
(d) where the landlord of such premises repairs or restores such premises, otherwise than with any money received from the Fund as an outright grant, incurring expenditure of such amount as is authorized or accepted by the Chairman, the standard rent of such premises may, if the Chairman issues a certificate to the effect that such repair or restoration have been properly effected, be increased for a period of ten years by twelve per centum each year of the amount authorized or accepted by the Chairman. Every such increase shall be deemed to be a permitted increase for the purpose of the Rent Act;
(e) where the landlord refuses to effect repairs to such premises or refuses to restore such premises, and the tenant of such premises repairs or restores such premises, otherwise than with any money received from the Fund as an outright grant incurring expenditure of such amount as is authorized by the Chairman and the Chairman issues a certificate that such repair or restoration has been properly effected, the tenant shall be entitled to set off against the rent payable in respect of such premises the amount authorized by the Chairman in such instalments as may appear to the Chairman to be just and equitable having regard to all the circumstances of the case:
(2) Where any affected property consists of premises to which the Rent Act does not apply, then any person who was the tenant of such premises on the day immediately preceding the relevant date shall be deemed not to be in arrears of rent in respect of the period commencing on the relevant date and ending on the date on which such premises are repaired or restored.
(3) Where the standard rent at any premises is increased under paragraph (d) of subsection (1) by reason of any repairs or restoration made to such premises the landlord of such premises shall not be entitled to apply for an increase of rent under section 5 of the Rent Act in respect of the same repairs or restoration.
(4) For the avoidance of doubts it is hereby declared that where the standard rent of any premises, the standard rent determined under section( 4) of which was, on the relevant date, under one hundred rupees a month, has increased, by reason of an increase made under paragraph (d) of subsection (1), to an amount exceeding one hundred rupees a month, the landlord of such premises shall not be entitled to institute any action or proceedings for the ejectment of the tenant thereof on any ground set out in subsection (2) of section 22 of Rent Act.
(5) For the purpose of this section a certificate under the hand of the Chairman that any premises were repaired or restored on a particular date shall be prima facie proof of the fact that such premises were repaired or restored, on that date.


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