Nanayakkara Atulugamage Robert Silva vs Pattiyage Nanadasena – CA NO.1017/96F-2011

In the case between Nanayakkara Atulugamage Robert Silva (plaintiff) and Pattiyage Nanadasena (defendant), the court examined whether the defendant’s occupation of the subject property established a tenancy protected by the Rent Act No. 7 of 1972 or only a licensee relationship under common law. It was held that mere payment of ground rent does not vest statutory tenancy rights in the occupier, and the relationship remained that of a licensee without rent protection. The court reaffirmed that occupation based solely on the permission of the owner, absent the creation of a valid tenancy, does not attract the Rent Act’s protection. Reference was made to the Rent Act and pertinent judicial precedent, emphasizing that statutory tenancy requires clear evidence of a tenancy and payment of rent,