668. Sharing between tenants.

Where a tenant1 has the exclusive occupation2 of any accommodation ('the separate accommodation') and:

  1.  

    (1)     the terms as between the tenant and his landlord3 on which the tenant holds that accommodation include the use of other accommodation ('the shared accommodation') in common with another person or other persons not being or including the landlord4; and

  2.  

    (2)     by reason only of the circumstances mentioned in head (1) above, the separate accommodation would not otherwise be a dwelling house let5 on or subject to a protected6 or statutory tenancy7,

the separate accommodation is deemed to be a dwelling house let on a