Ratnayake v. Mushin – sllr 1988 volume 1 page 169

In the case between Ratnayake (landlord) and Mushin (tenant), the court addressed whether an advance payment of Rs. 1,440 could be fully set off against rental arrears and if the Rent Board’s orders fixing or determining authorized rent had retroactive application. It was held that the Rent Board’s orders did not operate retrospectively, and the treatment of the advance payment during the trial did not support a complete set-off against the arrears. The appeal was dismissed with costs, reaffirming the principle that rent board determinations under the Rent Act operate prospectively unless expressly stated, based on precedents including William v. Somasunderam and Ranasinghe v. Jayatilake, thereby clarifying that tenants remain liable for arrears not covered by explicit set-off agreements.

REF: sllr 1988 volume 1 page 169 Category: Tag:
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