ABSTRACT

In Sylvester v Cyrus,15 S was in urgent need of accommodation, as the house in which she was living was to be demolished. As a result of a conversation between S and C, in September 1957 C let S into occupation of a house of which C was herself a monthly tenant. It was agreed that S would pay a premium of $150 and $12 a month as rent. C moved out of the house, taking her telephone with her, and had the electricity meter removed. When, in February 1958, C re-entered the house, S brought an action for trespass. The trial judge held that the relationship between the parties was one of licensor and licensee; that the licence had been effectively revoked by C’s re-entry; and that C was not liable in trespass.