Devarajah and Another v. Ariyatunga – sllr 1995 volume 2 page 034

In the case between the plaintiff-respondent (landlord) and the defendant-petitioners (successor-tenants), the court addressed whether a tenancy commencing on the 24th day of a month could be effectively terminated by notice expiring on the 31st and whether, upon the death of a tenant, the operation of Section 36(2) of the Rent Act No. 7 of 1972 resulted in the creation of a statutory tenancy or a new contractual tenancy. It was held that succession under Section 36(2) continues the tenancy by statutory fiction, without forming a new contract, and notice to terminate must correspond with the original commencement date. This decision reaffirmed that, while the death of a tenant invokes statutory succession, the death of a landlord is governed by common law and may require a new contract. Re