Contractual periodic tenancy - notice period question

Tenant Discussion
1

Hi there,

I have an AST agreement that ends on 10 January 2021. The contract states that it will become a contractual periodic tenancy, i.e. the notice period is whatever is stayed in the original agreement. However, the wording on the notice period in the original agreement is confusing. If possible, I would like to give 1 month’s notice rather than 2 month’s notice. Please see here:

The Tenant may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Landlord at least two month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month’s written notice must expire the day before a Rent Due Date.

Would it be possible for us to give one month’s notice to leave, given the confusion on the wording, provided it expires the day before a Rent Due Date?

2

That’s a very poorly drafted termination clause, It would be up to a judge to given a definitive interpretation, but I would give notice today to end on 3 February. Its possible that the landlord will say that the last sentence requires this to end on 10 February, but that is in conflict with the first sentence. Where a tenancy contract is ambiguous, the courts tend to favour the interpretation most beneficial to the tenant, so I think you would win at court or with a deposit scheme if the landlord tried to force the issue.