Thanks if I take a new HDD can I do a fresh install with win 10.
I can only advise that, the last time I did what you are describing I was able to clean install Windows 10 using my Windows 7 Product Key during the install process and it worked perfectly fine.
I cannot say if Microsoft has taken steps to prevent this with the most current version / build of Windows 10 as my attempt was performed a month or more ago with a different ISO.
I will add that the "upgrade" process is no longer free so a clean install is required.
My USB win 10 is only good for 2 pc and I've used 1insyall already
IF your licensing options include a second device, then I don't see an issue at all, but....
I think, if I had a second "new HDD" to test with, I would probably try the first option to see if that would allow a clean install with the Win7 product key before I sacrificed another product key.