In any case where:
(1) a tenancy1 entered into on or after 15 January 19802 is3 an assured tenancy4; but
(2) the tenancy would5, if not granted to a person who was previously a protected shorthold tenant, be6 a protected tenancy7; and
(3) the landlord8 and the tenant9 under the tenancy are the same as at the coming to an end of the protected or statutory tenancy
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