859. Tenancies replacing non-shortholds.

An assured tenancy1 created on or after 28 February 19972 is not an assured shorthold tenancy3, if:


    (1)     it is granted to a person, alone or jointly with others, who, immediately before the tenancy was granted, was the tenant4 (or, in the case of joint tenants, one of the tenants) under an assured tenancy other than a shorthold tenancy ('the old tenancy')5;


    (2)     it is granted, alone or jointly with others, by a person who was at that time the landlord6 (or one of the joint landlords) under the old tenancy7; and


    (3)     it is not one in respect