827. Tenant sharing with persons other than the landlord.

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 the separate 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)     the separate accommodation would not otherwise be a dwelling house5 let6 on an assured tenancy7 by reason only of the circumstances mentioned in head (1) above8,

the separate accommodation is deemed to be a dwelling house let on an assured tenancy and the