1. What Is the Protection of Occupants Bill, 2026?
The Protection of Occupants Bill, 2026 (the Bill) was a legislative proposal introduced by the Ministry of Justice and National Integration, intended to regulate the manner in which persons in lawful occupation of premises may be removed and to prohibit certain conduct by Landlords or persons acting on their behalf.
The Bill has been introduced in the context of proposals to repeal the Rent Act, No. 7 of 1972, and to replace long-standing rent-control and possession regimes with a framework centered on judicial supervision of eviction and restoration of possession.
The Bill does not create new proprietary rights in favour of occupants. Its primary focus is procedural, restricting non-judicial methods of dispossession and prescribing expedited remedies through the District Court where specified prohibited acts occur.
2. Who qualifies for redress under the Bill?
The Bill applies only to persons who are in lawful occupation of a premises. Protection is not automatic and is subject to establishing two cumulative requirements, which are:
2.1 Lawful Entry and Occupation
The person must have entered into occupation of the premises (or part thereof) under a lawful arrangement, with the consent of the landlord . This may include occupation pursuant to a lease or tenancy agreement.
Persons who enter premises without consent, or who remain after the expiry or termination of a lawful arrangement without any legal basis, do not fall within the definition of an occupant for the purposes of the Bill.
2.2 Continuous and Undisturbed Occupation for More Than 3 Months
The person must have remained in continuous, undisturbed occupation of the premises for a period exceeding three months immediately prior to the alleged prohibited act.
This temporal threshold appears designed to exclude transient or short-term occupation and requires factual assessment in each case.
3. What Conduct Is Prohibited by the Bill?
The Bill identifies a category of acts that are deemed unlawful when undertaken for the purpose of compelling an occupant to vacate premises otherwise than through court process.
3.1 Disconnection or Withholding of Essential Services
The Bill prohibits the disconnection, withholding, or obstruction of essential services, including but not limited to:
- electricity and water;
- sewerage and sanitation;
- cooking gas; and
- access to common areas and facilities necessary for ordinary use of the premises.
The scope of this prohibition may extend to indirect acts or omissions including failure to repair/maintain and/or where services are deliberately withheld to induce vacating of premises.
3.2 Physical Interference with the Premises
Acts such as damaging, demolishing, obstructing access to, or otherwise interfering with the premises, whether directly or through third parties, are prohibited where such acts are intended to compel an occupant to vacate.
3.3 Eviction Without a Court Order
The Bill expressly provides that an occupant may not be removed from premises in contravention of the terms of any/lease tenancy in terms of the relevant written law or a decree or order of a competent court. Any form of unilateral repossession or self-help eviction is excluded.
4. What Remedies Are Available to an Occupant?
4.1 Access to the District Court
Where a prohibited act is alleged, the occupant may apply to the District Court by way of petition supported by affidavit.
The petition must be filed within one month of the occurrence of the alleged prohibited act.
4.2 Orders the Court May Grant
The District Court is empowered to grant relief including:
- restoration of essential services;
- restoration of vacant and undisturbed possession; and
- interim orders maintaining the status quo pending final determination.
Relief is discretionary and dependent on the material placed before Court.
5. What Are the Statutory Timelines for Determination?
The Bill introduces prescribed timelines for adjudication, which depart from ordinary civil procedure:
- Determination on petition and affidavit alone: within three months from the date of petition;
- Where objections are filed: up to nine months from when the court receives the statement of Objections.
Where a prima facie case is disclosed, the Court is required to issue an interim order and/orOrder Nisi, with a return date within fourteen days from the date of delivery of the relevant order.
6. How Are Court Orders Enforced?
6.1 Role of the Fiscal
Orders made under the Bill are enforceable through the Fiscal, who is empowered to take steps to restore possession or services in accordance with the Court’s directions.
6.2 Re-Ousting and Contempt
The Bill provides that re-ousting an occupant within one year and one day of restoration pursuant to a court order constitutes contempt of court. Any obstruction to enforcement must be reported to Court within fourteen days.
7. What Penalties Are Prescribed for Non-Compliance?
The Bill introduces criminal sanctions for contravention, including:
- fines of up to LKR 500,000 and/or;
- imprisonment for a term of up to one year; and
- exclusion of suspended sentences.
Separate penalties are prescribed for knowingly making false claims to possession or occupation.
8. What Is the Position on Appeals?
The filing of an appeal does not operate as an automatic stay of execution of a final order made under the Bill.
A stay may be granted only by a superior court, upon notice to the successful party, and subject to judicial discretion.
9. Practical Considerations for Property Owners, Investors, and Lenders
The Bill does not prevent recovery of possession where lawful grounds exist. It regulates the method by which possession may be recovered.
From a risk-management perspective, stakeholders should note:
- the increased importance of formal documentation governing occupation;
- the need for early legal advice prior to service disconnections or termination actions;
- potential exposure to criminal liability for informal enforcement practices; and
- implications for enforcement timelines in commercial leasing and secured transactions.
For further information, please contact:
Dasuni Wijayasriwardena, Partner, D. L. & F. De Saram
dasuni@desaram.com
