1069. Offence of unlawful subletting under a secure tenancy.

A tenant1 of a dwelling house2 let under a secure tenancy3 commits an offence if:

  1.  

    (1)     in breach of an express or implied term of the tenancy, the tenant sublets or parts with possession of the whole of the dwelling house, or part of the dwelling house without the landlord's written consent4;

  2.  

    (2)     the tenant ceases to occupy the dwelling house as the tenant's only or principal home5; and

  3.  

    (3)     the tenant knows that the conduct described in head (1) above is a breach of a term of the tenancy6.

Proceedings for such an offence may be brought within the