The applicant sought declarations arising from the termination of a seasonal campground occupancy and a subsequent trespass arrest, asserting that the arrangement created a commercial tenancy and that eviction without a writ of possession was unlawful.
The court held the arrangement was a revocable licence, not a lease, because there was no conveyance of exclusive possession and the contractual documents expressly created a licence for seasonal recreational use.
Neither the Commercial Tenancies Act nor the Residential Tenancies Act, 2006 applied, and the licensor was entitled under the contract to revoke the licence for breach of campground rules.
After revocation, the applicant had no lawful authority to remain on the premises, and the police acted within their powers under the Trespass to Property Act in arresting him when he refused to leave.
The claim for damages for unlawful arrest, eviction, and reputational harm was dismissed.
