LEGAL PRINCIPLE: LAND LAW — Licence — Termination of Licence upon Cessation of Employment
PRINCIPLE STATEMENT
Appellant in the instant case has no interest in the land even during his occupation of the premises. The licence to remain is automatically revoked on his retirement or for any cause ceasing to be employed. He cannot therefore be a tenant for the purposes of the housing arrangement made by the employer for its employees. It is well settled law that a licensee cannot maintain an action in trespass against a landlord.
RATIO DECIDENDI (SOURCE)
"Appellant in the instant case has no interest in the land even during his occupation of the premises. The licence to remain is automatically revoked on his retirement or for any cause ceasing to be employed. He cannot therefore be a tenant for the purposes of the housing arrangement made by respondent for its employees... It is well settled law that a licensee cannot maintain an action in trespass against a landlord."
EXPLANATION / SCOPE
This reinforces that an employee-licensee has no interest in the land even during active employment, only a personal licence. The licence terminates automatically upon cessation of employment (retirement or any cause), without need for formal revocation or notice. The licensee cannot claim tenancy status under any housing arrangement with the employer. This serves: clarifying automatic termination of employment-related licences, preventing former employees from claiming tenancy rights, and affirming that employer housing schemes create no proprietary interests. This prevents: former employees from asserting landlord-tenant relationships where none exist, requiring formal eviction proceedings for licence termination, and converting employment benefits into property rights. The court cannot: imply a tenancy from an employment-related occupancy, or protect a licensee whose licence has automatically terminated. Effect: Upon cessation of employment, the former employee becomes a trespasser if they remain on the property, and the employer may evict without a trespass counter-claim from the former employee.