858. Exclusion of statutory presumption by notice or by provisions of assured tenancy.

An assured tenancy1 created on or after 28 February 19972 is not an assured shorthold tenancy3 if it is an assured tenancy in respect of which a notice is served as mentioned in either head (1) or head (2) below4, that is, if:

  1.  

    (1)     the notice is one which:

    1.  

      (a)     is served before the assured tenancy is entered into5;

    2.  

      (b)     is served by the person who is to be the landlord6 under the assured tenancy on the person who is to be the tenant7 under that tenancy8; and

    3.  

      (c)     states that the assured tenancy to which it relates is