855. Grant to tenant who was previously a protected shorthold tenant.

In any case where:

  1.  

    (1)     a tenancy1 entered into on or after 15 January 19802 is3 an assured tenancy4; but

  2.  

    (2)     the tenancy would5, if not granted to a person who was previously a protected shorthold tenant, be6 a protected tenancy7; and

  3.  

    (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