The possession of a property is a central element of the right to property and is legally protected against any illegal interference. When possession is provided with the consent of the owner, either through a lease or other agreement, it is considered lawful.
However, when this consent ceases to be valid, as is the case with the expiration or termination of the lease, the former tenant becomes the illegal owner. From that moment on, any retention of possession without consent constitutes an illegal intervention (trespass), violating the fundamental right of the owner to enjoy and dispose of his property.
In the Cypriot reality, this phenomenon has taken on alarming proportions. Owners of premises and other properties see former tenants withholding their properties for years, without paying any amount, taking advantage of delays in the adjudication of civil cases. This practice constitutes an abuse of legal process and a violation of the right to property, as the rightful owner is deprived of the possibility of exploiting his property, while the illegal owner enjoys its use without obligation.
Article 281 of the Penal Code
Article 281(1)(a) of the Penal Code, Cap. 154, provides: "Whoever, without the consent of the person in whose name the land is registered, possesses or enters such land, is guilty of a criminal offence and is liable to imprisonment of up to five years or to a fine of up to ten thousand euros or to both."
This provision recognizes that the possession of land is not only a civil right, but also an object of criminal protection when it is done without consent. This is a provision with a strong deterrent character, which strengthens the protection of property and restores the balance in the relations between owner and occupier.
Decision of the Court of Appeal
The Court of Appeal, in Criminal Appeal No. 94/2022, addressed for the first time with such clarity the issue of illegal possession after the termination of a contractual relationship. He decided to accept the company's appeal, to annul the first instance acquittal decision and to convict the respondent for illegal possession of land registered in the name of another without his consent. He noted that the respondent had been in possession since 1.10.2019 of a premises in Larnaca which is registered in the name of the company without its consent. This possession had no legal basis since the contractual relationship between the parties had been terminated.
The Court of Appeal held that the Court of First Instance erroneously concluded an acquittal, considering that the lack of consent was not proven, stating that the existence of a prior contractual relationship cannot establish consent to continued possession after its termination. Once the contract is terminated, the consent is automatically withdrawn and any continuation of possession becomes illegal. In addition, it underlined that the intention of the legislature in Article 281 is to prevent the abusive retention of land to the detriment of the holder of the registration. Possession without consent is an act of interference with the right to property that falls within the sphere of criminal law.
Based on these data, the Court of Appeal annulled the acquittal decision and imposed a conviction on the respondent, considering that prolonged possession without consent cannot be justified by reference to past lease relationships or pending disputes.
This decision constitutes a legal milestone for the Cypriot legal order. Firstly, it makes it clear that the illegal possession of a property can be prosecuted not only civilly but also criminally, resulting in the immediate restoration of the owner's right. Secondly, it strengthens the framework for the protection of owners against abusive behaviour of former employees, who until now took advantage of the slow administration of justice to remain in properties without a legal right.
The decision acts as a deterrent and is expected to significantly reduce the phenomenon of withholding of premises and real estate after the termination of a lease. It introduces a new approach that gives weight not only to civil rights, but also to the need for criminal protection of property.
Inference
The decision of the Court of Appeal of 31 October 2025 is a decisive step towards eliminating a long-standing problem in Cypriot society, the illegal possession of real estate by former tenants. With the correct interpretation of Article 281 of the Criminal Code, the Court recalled that property is not only a civil right but also a criminally protected legal good. This rigorous approach enhances legal certainty and restores citizens' confidence in the effectiveness of the legal system.
* Lawyer in Larnaca
