878. Offence of unlawful subletting under an assured tenancy.

A tenant1 of a dwelling house2 let under an assured tenancy3:

  1.  

    (1)     under which the landlord4 is a private registered provider of social housing5 or a registered social landlord6; and

  2.  

    (2)     which is not a shared ownership lease7,

commits an offence if:

  1.  

    (a)     in breach of an express or implied term of the tenancy, the tenant sublets or parts with possession of the whole or part of the dwelling house8;

  2.  

    (b)     the tenant ceases to occupy the dwelling house as the tenant's only or principal home9; and

  3.  

    (c)     the tenant knows that the conduct described in head (a) above is