Tenancy ended due to death - clarification needed

Downthedrain

My father died two weeks ago and when I notified the housing association they served me with a notice to quit by the 25th of this month. I am not required to sign anything and the covering letter says "We need to make you aware that rent and other charges will be accrued on the account until such time as the keys to the property are received"

We've cleared the house and garden and cleaned it from top to bottom and I emailed to say that I am in a position today to return the keys. However, they now say to end the tenancy I need to sign a letter of indemnity. Why, given that I did not need to do this originally in order to comply with the notice to quit? 

The wording is;

 

"I/We will indemnify YHL against any claim made against it by the Tenant and/or the Tenant’s estate and/or any representative of the Tenant or any third party arising from YHL accepting a surrender of tenancy or releasing the contents of the Property to me/us. This includes paying YHL’s legal costs incurred in defending any such claim."

This seems to be onerous and open to interpretation -  particularly as there is no limitation to the liability in terms of value or the length of time it stays in effect. At what point is the indemnity or contract discharged?

I want to get this resolved as soon as possible to avoid accruing further charges. How should I proceed?

user1977

I presume the tenancy was in your father's name? Are they expecting this indemnity to be granted by you personally, or by you as executor? If anybody is liable for anything to the landlord, it's the estate, and I can't see why the landlord could demand that an indemnity is signed even by the executors.

mexican_dave

Maybe the landlord is being "jumpy" as they haven't asked or seen a death certificate, so maybe it's easier for them to ask for an indemnity just in case you are making all this up! Why would you? Weird obviously!

marcia_

 I wouldn't sign.I would just hand over the keys and walk away 

GDB2222

It’s a rather specific indemnity 'accepting a surrender of tenancy or releasing the contents of the Property'. It stops you coming back in a few weeks claiming that this was a valuable tenancy and you want it back. I’m not convinced that they released the contents anyway. 

It’s a bit odd that they asked for the indemnity but I think it’s harmless. 

Have they said what the consequences are if you refuse to sign it?

loubel

You aren't the tenant nor the legal representative of the tenant's estate, so you don't technically have authority to surrender the tenancy. So the council wants you to sign to accept liability if someone sues the council saying that they should not have accepted the surrender. Is it likely that anyone in your family would do this?

Downthedrain

I'm the executor and have provided the death certificate. The didn't release the contents - there was no process for this, they don't own any of the contents and as far as I'm able to determine my power as executor in the will is clear "My trustee(s) must hold my Estate on trust. They may sell all or any of the assets they consider appropriate."

There's no-one in the family who will sue the housing association or council.

GDB2222

Downthedrain said:

I'm the executor and have provided the death certificate. The didn't release the contents - there was no process for this, they don't own any of the contents and as far as I'm able to determine my power as executor in the will is clear "My trustee(s) must hold my Estate on trust. They may sell all or any of the assets they consider appropriate."

There's no-one in the family who will sue the housing association or council.

That’s why I said that in practice you can sign the indemnity without worrying too much. There don’t appear to be any circumstances in which they can claim on it.

You have not said what happens if you refuse to sign it? 

Downthedrain

I asked them yesterday what happens if I don't sign it. Usually they're prompt in replying, but now have gone silent.

Downthedrain

I've now resolved this: They said they needed to see the Will for me to prove I am the executor. Seems odd, given that I didn't need to do this when they served notice, which stated that the property must be emptied prior to the keys being returned.

I haven't signed the indemnity.

It all appears to be ill-thought out.

user1977

It does seem a bit off that social landlords seem to be gaslighting the families of deceased tenants like this (you could more understand the private sector being a bit mercenary about it) - not the first time we've had a similar story.