All tenants derive their ability to occupy the property from some form of consent that was given by the landlord or a person with authority to give the consent (such as an estate agent). Once this consent is given, the tenant has the right to occupy the property until the right to occupy the property is terminated.
For so long as the tenant has the right to occupy the property, the tenant cannot be evicted from the property and hence it is crucial that the right to occupy the property be terminated in accordance with the applicable laws and the agreement. If the right to occupy is not terminated in accordance with the applicable laws and the agreement, the right to occupy the property will survive and continue to allow the tenant to occupy the property and resist an eviction.
Most landlords are of the view that simply telling the tenant to leave the property is sufficient to terminate the lease agreement; however, this is not so. The right to occupy the property needs to be terminated, and only then can a landlord tell the tenant to vacate the property.
The above should not be accepted as legal advice, and you are advised to seek legal advice.
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