Paragraph 5

England and Wales

In determining whether to exercise its powers under Part II of this Schedule and, if so, in what manner, the court shall have regard to all the circumstances of the case including—

(a)

the circumstances in which the tenancy was granted to either or both of the spouses F1, civil partners or cohabitants or, as the case requires, the circumstances in which either or both of them became tenant under the tenancy;

(b)

the matters mentioned in section 33(6)(a), (b) and (c) and, where the parties are cohabitants and only one of them is entitled to occupy the dwelling-house by virtue of the relevant tenancy, the further matters mentioned in section 36(6)(e), (f), (g) and (h); and

(c)

the suitability of the parties as tenants.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 5(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(6); S.I. 2005/3175, art. 2(1), Sch. 1