A tenant can become an unlawful or illegal occupant of a property under certain circumstances.

Here are some situations where a tenant’s occupation may be considered unlawful or illegal:

• Expiry or termination of the lease: If a tenant remains in possession of the property after the expiration or lawful termination of their lease agreement without the landlord’s consent, their occupation becomes unlawful.
• Breach of lease terms: If a tenant breaches significant terms of the lease agreement, such as failure to pay rent, causing substantial damage to the property, or engaging in illegal activities on the premises, the landlord may take legal action to declare the tenant’s occupation as unlawful.
• Subletting without permission: If a tenant sublets the property without obtaining the necessary consent from the landlord, their occupation may be considered unlawful.
• Trespassing: If a person occupies a property without any right or permission from the owner or without a valid lease agreement, their occupation is considered illegal.
• Invasion of vacant or unoccupied property: If someone occupies a property without authorization, such as vacant land or a derelict building, their occupation can be deemed illegal.

It’s important to note that the process of determining whether an occupation is unlawful or illegal often involves legal proceedings, such as obtaining an eviction order from a court. Landlords must adhere to the procedures outlined in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) and seek appropriate legal advice to ensure compliance with the law.

Please consult with a qualified attorney specialising in property law, such as Julies Attorneys Inc. for accurate advice tailored to your specific situation.