861. Other cases where the statutory presumption is excluded.

The following assured tenancies1 created on or after 28 February 19972 are not assured shorthold tenancies (and qualify as fully-assured tenancies)3:

  1.  

    (1)     an assured tenancy arising by succession4, other than one where5, immediately before the death of the predecessor, the landlord might have recovered possession under the Rent Act 19776;

  2.  

    (2)     an assured tenancy which became an assured tenancy on ceasing to be a secure tenancy