“A Legal Nightmare”: Wijeyadasa Rajapakshe Warns Proposed Rent Laws Could Destabilize Sri Lanka’s Legal System
By Lions Roar Aotearoa (Diyatha News New Zealand) Legal Bureau
COLOMBO — Thursday, February 5, 2026 — Former Justice Minister and President’s Counsel, Dr. Wijeyadasa Rajapakshe, has issued a stark warning to the government and the public regarding the proposed “Protection of Occupants Bill” and the repeal of the current Rent Act.
Rajapakshe argues that if the legislation is passed in its current form, it will not only distort the country’s legal framework but also cause a total collapse of public trust in the law.
1. Distorting the Rights of Property Owners
Speaking on the implications of the new bill, Dr. Rajapakshe pointed out that the proposed laws appear to prioritize the rights of occupants—even those residing illegally—over the rightful owners of the property.
“This bill protects the rights of individuals even if they are occupying a property unlawfully, while leaving the homeowner with no recourse,” Rajapakshe warned. He described the situation as a “massive distortion” of justice, where the law effectively penalizes those who own property.
2. “From the Frying Pan into the Fire”
The former minister highlighted that the new regulations would make it nearly impossible for landlords to evict tenants through legal channels, even in cases of clear contract breaches.
- The Barrier: Under the new bill, homeowners are prohibited from evicting occupants without a court order, a process that can take months or years.
- The “Forced Maintenance”: Critics, including Rajapakshe and fellow President’s Counsel Ali Sabry, have noted that landlords could be legally compelled to continue providing essential utilities (water and electricity) even if the tenant has stopped paying rent.
- The Result: Rajapakshe warns that citizens will fall “from the frying pan into the fire,” as property owners become too fearful to rent out their homes, leading to a massive shortage in the housing market.
3. A Threat to Legal Certainty
Dr. Rajapakshe emphasized that the bill undermines the progress made by the Possession of Premises (Recovery) Act No. 1 of 2023, which was designed to simplify the recovery of property. By introducing overlapping and contradictory protections for occupants, the new bill creates a “legal quagmire” that confuses both the public and the judiciary.
“If the law of the country is distorted to this extent, the people’s confidence in the entire legal system will collapse,” he stated.
4. Government Response and Public Consultation
In response to the growing backlash from legal experts and the opposition, the current Minister of Justice, Harshana Nanayakkara, announced in Parliament this week that the deadline for public consultation has been extended by one month.
While the government maintains that the law is intended to prevent “arbitrary evictions” by high-handed landlords, the Bar Association of Sri Lanka (BASL) and several local companies are reportedly preparing to challenge the bill in court.
