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Son's Name On Lease

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chanel5 | 04:04 Tue 26th Jan 2016 | Law
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My son and his wife are moving into a rented house and I am going to be guarantor. I am concerned about my daughter-in-law's name being on the lease. Theirs is a volatile relationship, she sees other men, and I worry what might happen if my son walked out on her. Should I insist that I will only guarantee the tenancy if the lease is in my son's name, so that I cannot be left with her rental debts if the marriage breaks up and he leaves the rented house?
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No expert, but I'd doubt that the landlord would consider that worth anything to them. They'd want the situation covered or no dice.

But no doubt someone who knows the legal options will be here soon.
Sorry it's early in the morning. I get it: you want the D-I-L to not get on the lease. As much a family relationship issue as a legal one them. Why not have a quiet word with your son then. Try to guage how such an offer/demand might go down ?
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Thanks Old Geezer. Your answer is much appreciated. I have spoken to my son openly about this, and both my son and his wife know exactly what the condition of my signing as guarantor would be. What I am hoping here is that someone in answerbank will give me an opinion on whether they think it is sensible to just have my son's name on the lease.
"sensible to just have my son's name on the lease"

Sensible from whose point of view? This is about risk management.

The landlord is unlikely to accept a situation where both names are on the tenancy agreement yet you only guarantee one of the individuals. He won't take the risk. Nor is it probably possible - joint tenants are jointly and severally liable for the rent money. It seems you may realise that.

If your son alone is on the agreement, he alone is responsible for the rent money. If he walks out on the property living her in situ, he is still responsibly for the payment, or you if he doesn't pay. Have you considered that scenario (risk).

If she leaves, he's still in the house, continues to pay, or you if he defaults.

What is the risk he can't afford to pay if she relationship breaks up (joint earners?)

Personally if the relationship is that volatile I would not be a guarantor at all (I certainly wouldn't in your situation).

By supporting him / them you are just prolonging the relationship which is not in his interest.

If you withhold your support it may result in them splitting up which sounds as though that may be the best thing.

You need to be cruel to be kind.
Some very good points made there. As you say, it is all about risk management. Bottom line is, they need a roof over their head, and I am under pressure to be guarantor in order to secure that. I think I just have to accept the risks involved. I do think my son would be ok for the rent, if they split up. He has a reasonably good job and could probably manage alone financially. I know by providing them with security for their house I am probably prolonging the agony of a failing marriage, but the alternative is too difficult. Many thanks for your answers.
^^^ hang on are you the OP Ringlet>
Yes, what happened to chanel5? Anyway no matter.

You should resist all such pressure.

The responsibility to put a roof over their heads is theirs, not yours. Bear in mind that most of the agreements which you are thinking of signing are open ended. That is to say that if the rent is unpaid there is no limit to your liability and it will cease to become your responsibility only if and when the landlord manages to secure repossession (which can take many months). The landlord can and probably will pursue you for the unpaid rent so if you do act as a guarantor make sure you have in the bank (and can afford to lose) an amount equivalent to around a year of their rent. Otherwise you will face bailiffs or High Court enforcement agents turning up to take “goods to the value”.

Not only will your idea of just your son being the tenant probably be unacceptable to the landlord, it will probably be even more unacceptable to his wife as she will face severe difficulties in the event of a break up.

Steer clear of this with a very long bargepole.
well blimey !

you have certainly thought about it
andyes you have a risk of being saddled with your daughter in laws rent arrears

You could : ask if the lease is joint or common ? Joint you get dinged for the whole lot and tenants in common are responsible for their bit

OR

you could say the lease should be six months and when it is renewed I have to sign as well

or

you could say that after four months ( not immediately that looks iffy ) I can cease being guarantor by writing at one months notice to the Landlord or his agent

or

you could say naaaaa

I salute you for forrectly imagining the ways in which your children can shaft you ( clearly I am speaking from ..... bitter experience )

or you could say you are only gonna guarantee three months rent
( they can kick the tenatns out after two months arrears )
// Personally if the relationship is that volatile I would not be a guarantor at all (I certainly wouldn't in your situation). //

you could say single lease in the name of my son or nothing

the gurl would say I have no security of tenure !
in which case you could say - exactly I am guaranteeing my son not you my dear....
i am really confused. If you guaruntee your son only, and he moves out, you'll have to continue to pay the rent (if he doesn't)
Something I pointed out as long ago as yesterday morning, so hardly confusing.
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Thanks everybody. I have become sufficiently spooked by the whole thing to pull out of acting guarantor altogether. I couldn't cope with the sleepless nights!
think that is wise chanel !
I reluctantly think that is a sensible idea - to say no

I have hardly ever gone after the guarantor
but I think I am the only one -
most managers of properties rub their hands and scream Pay up !

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