What happens if the tenancy is called an assured short hold tenancy when, in fact, it is not?

We have come across properties that are let to companies on a tenancy which is described as being an assured short hold tenancy or a tenancy where the rent payable is over £100,000 is mis-described as being an assured short hold tenancy. This will not affect the position because, as a matter of law, however, the tenancy is described, it is not an assured short hold tenancy if it is a company let or if the rent exceeds £100,000. In such a situation the deposit will not be subject to the tenancy deposit scheme.