667. Sharing with the landlord.

The principle that, where essential living accommodation is shared, a house is not let as a separate dwelling1 has been modified by statute2. Where under any contract entered into before 15 January 1989:

  1.  

    (1)     a tenant3 has the exclusive occupation of any accommodation; and

  2.  

    (2)     the terms on which he holds the accommodation include the use of other accommodation in common with his landlord4 or in common with his landlord and other persons; and

  3.  

    (3)     by reason only of the circumstances mentioned in head (2) above, or by reason of those circumstances and the fact that the landlord resides