A person who occupies residential premises that are subject to a written residential tenancy agreement, is not named as a tenant in the agreement and who occupies the premises together with a named tenant is a tenant for the purposes of this Act only if--
(a) a tenant under that agreement transfers the tenancy to the person or the person is recognised as a tenant (see Part 4), or
(b) the person is a sub-tenant of a tenant under a written residential tenancy agreement with that tenant.
Note : Boarders and lodgers are not covered by this Act (see section 8(1)(c)).
An occupier may be recognised as a tenant (see sections 77 and 79).