Fonseka v. Gulamhussein – sllr 1981 volume 1 page 077

In Fonseka v. Gulamhussein, the issue concerned whether a tenant who had not physically occupied the rented residential premises for a continuous period of at least six months—while the premises were instead occupied by employees of a company of which the tenant was the Managing Director—remained entitled to protection under the Rent Act, No. 7 of 1972. It was held that such occupation by third-party employees did not constitute occupation by the tenant under section 28(1) of the Rent Act. The principle reaffirmed that statutory protection under the Rent Act is strictly accorded to tenants who personally occupy the premises. This conclusion was reached through analysis of relevant statutory provisions, prior local and English case law, and careful assessment of the facts, underscoring that