Introduction: The Power Shift in Tenant Management
With the full implementation of the Sectional Properties Act, 2020 (SPA), the management of rental units within developments has undergone a legal revolution. In 2026, a unit owner is no longer the sole authority over their tenant.
The Corporation—the body corporate governing the block—now has statutory power under Section 46 of the Act to intervene and even evict a tenant who consistently violates the development's by-laws. This ensures that a single "troublesome" tenant cannot compromise the quality of life or property value for the entire community.
The Legal Foundation: Understanding the By-Laws
Every sectional property is governed by a set of By-laws (registered under the SPA). These are the "laws of the land" for your building. They cover:
- Noise and Nuisance: Restricting loud music or disruptive behavior.
- Usage Restrictions: Preventing residential units from being used as commercial offices or "Airbnb" style rentals if prohibited.
- Common Area Integrity: Rules on parking, pets, and garbage disposal.
When a tenant signs a lease in a sectional property, they are legally bound by these By-laws as if they had signed them personally.
Step-by-Step Procedure for Evicting a Tenant
The SPA 2020 provides a specific "ladder of enforcement" that the Corporation must follow to effect a legal eviction.
1. Notice to the Unit Owner (Section 46[1])
The Corporation does not jump straight to the tenant. If a breach occurs, the Corporation must first give a formal Notice of Breach to the unit owner. This notice demands that the owner takes "necessary action" immediately to stop the contravention.
2. The Rectification Period
The owner is given a reasonable timeframe to discipline their tenant. This could involve the owner issuing a warning or terminating the lease privately.
3. Notice to the Tenant (Section 46[2])
If the owner fails to act or the tenant continues to breach the by-laws, the Corporation gains the legal right to bypass the owner. The Corporation issues a Notice to Vacate directly to the tenant. This notice specifies the breach and sets a deadline for the tenant to move out.
4. Internal Dispute Resolution (IDRC)
Before heading to court, the matter can be referred to the Internal Dispute Resolution Committee (IDRC). If the IDRC decides against the tenant, their decision strengthens the Corporation's case for a court-ordered eviction.
5. Court-Ordered Eviction
If the tenant refuses to leave, the Corporation—acting as a distinct legal entity—applies to the Environment and Land Court (ELC) for an eviction order. Under the 2026 judicial guidelines, proof of the two-stage notice (Owner then Tenant) is mandatory for the order to be granted.
Key Legal Considerations for 2026
Due Process is Non-Negotiable
In 2026, "self-help" evictions (changing locks or removing roof tiles) are treated as criminal acts and can lead to heavy fines for the Corporation. Every step must be documented on Ardhisasa where applicable, or through registered mail.
The "No Consent" Rule
A unique feature of the SPA 2020 is that the Corporation does not need the consent of the unit owner to evict a defaulting tenant. If the tenant is harming the "peaceful enjoyment" of other owners, the Corporation acts in the interest of the collective.
Documentation & Evidence
To succeed in court, the Corporation must keep:
- Incident Logs: Dates and times of by-law violations.
- Correspondence: Copies of the Section 46(1) and 46(2) notices.
- By-law Registration: Proof that the violated by-law was formally registered with the Land Registrar.
Conclusion: Protecting the Community Interest
Evicting a tenant in a sectional property is a structured legal process designed to protect the integrity of the development. By following the Sectional Properties Act, 2020, Corporations can effectively remove "troublesome" occupants while minimizing legal risks for the Board of Management.
Disclaimer: This article is for informational purposes and does not constitute legal advice. For specific eviction cases, always consult a qualified legal professional.
