853. Assured shorthold tenancy could not be granted to tenant who was previously an assured tenant.

Where:

  1.  

    (1)     immediately before1 a tenancy2 ('the new tenancy') is granted, the person to whom it is granted (or, as the case might be, at least one of the persons to whom it is granted) was a tenant3 under an assured tenancy4 which was not a shorthold tenancy5; and

  2.  

    (2)     the new tenancy is granted by the person who, immediately before the beginning of the tenancy