Sch 2 para 5
In determining whether to exercise its powers under Part II 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 , civil partners or cohabitees or, as the case requires, the circumstances in which either or both of them became tenant under the tenancy; (b) the matters mentioned in Article 11(6)(a), (b), (c) and (d) and, where the parties are cohabitees and only one of them is entitled to occupy the dwelling-house by virtue of the tenancy, the further matters mentioned in Article 14(6)(e), (f), (g) and (h); and (c) the suitability of the parties as tenants.