1071. Unlawful profit orders made on landlord's application.

The court1 may, on the application of the landlord2 of a dwelling house3 let under a secure tenancy4, make an unlawful profit order if a tenant5 under the tenancy6:

  1.  

    (1)     in breach of an express or implied term of the tenancy, has sublet or parted with possession of the whole of the dwelling house, or part of the dwelling house without the landlord's written consent7;

  2.  

    (2)     has ceased to occupy the dwelling house as the tenant's only or principal home8; and

  3.  

    (3)     has received money as a result of the conduct described in head (1) above9.

For these purposes, an