Should or shouldn't DS go on the tenancy agreement?

[Sofaflop]

DS is about to rent his first home with GF. She plans to move in now, he will join as soon as he has work in the area. Her father is to be guarantor.

They plan to pay half the deposit each. She will pay the rent until he moves in and then they'll split it.

They plan to both be on the tenancy agreement.

I'm not sure if this is in his interests or not. The move is definitely driven by her. If they split hed be the one to come "home" . He doesn't need the protection of being entitled to live there.

I worry that he'd be stuck obliged to pay her rent, but maybe that's mitigated by the fact her father is guarantor?

I should say I doubt whether I'll have any say, he'll do what he thinks is right for the two of them as a couple, I'd just like to understand any pitfalls.

Yes of course he should be on the tenancy agreement as he will be living there. They are renting together. He should be liable to pay too, but if he can't or won't then the girlfriend would still have pay and vice versa. Failing that, it would be the guarantor. Hopefully it won't come to that.

If you think they may fall out, you can gently ask your son if there is a 6 month break clause in the tenancy agreement. Always a good thing to have either way.

I think, if they split up and he comes home the landlord will still expect him to pay his share of the rent, living there or not. (Joint liability and all that.)

The GF might not be able to afford it all herself, guarantor in place or not. The guarantor is a last resort.

The GF, if she decided to stay put would need to let the Landlord (or the agency) know so that the agreement could be re-written solely in her name.
If she goes on to share with A.N.Other, credit checks etc for that replacement will need to be done.

Your son would do well to research what he might be obligated to in the event of a split before he signs anything! It’s due diligence and what adults do.

Yes this is what concerns me, although it may be morally right. GF plans to live there alone first. I can see a situation where either he gets cold feet, or living together isn't as much fun as it seems and he's liable under the joint tenancy. If she takes it in her name alone presumably he wouldn't be.

With a break clause, would he be able to break it even if she doesn't?

From the spring (government have not yet given exact date) RRB states no more fixed term tenancy agreements they will all be periodic.

He would need to go on as a Permitted Occupier at least.
If her father is a Guarantor he is probably guaranteeing the whole rent so your sons as well (he may not have a choice in this)

I can see a situation where either he gets cold feet, or living together isn't as much fun as it seems and he's liable under the joint tenancy

He's an adult choosing to move in with a partner. It's up to him to consider this & make a decision, & if he wants to move out because it isn't fun then why should she be left with the responsibility? He needs to ensure he is ready to commit before they make solid plans tbh.

Obviously he should be on the tenancy agreement if he lives there! Glad that he is sensible and realises this. It's absolutely none of your business.

If they are both Tenants then no he cannot unilaterally leave and no longer be responsible for the rent etc, they are both fully liable under the trms of the contract

Legally he has to go on the tenancy if he’s staying there more than the odd night

No he does not
It would be a good idea to be a Permitted Occupier as a minimum though