Mrs. Reeta Sivapakiam vs Mrs. Marjan – CA 660/10-2012

In the case between Mrs. Reeta Sivapakiam (Petitioner) and Mrs. Marjan (Respondent, landlord) and others, the court addressed the issue of succession to tenancy rights under Section 36(2)(a)(ii) of the Rent Act No. 7 of 1972, specifically whether the Petitioner was entitled to succeed her deceased mother as tenant of the premises at No. 5, Hill Road, Nawalapitiya. It was held that the Petitioner did not satisfy the statutory prerequisites of having been a member of the household during the three months immediately preceding the tenant’s death, nor had the Petitioner made the required request to the landlord for a certificate of tenancy before applying to the Rent Board. The judgment reaffirmed that compliance with statutory preconditions is essential for claims under the Rent Act, with rel