Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 6:24 PM
    • 18Posts
    • 0Thanks
    Nicolawilliams86
    Solar panel lease
    • #1
    • 11th Nov 17, 6:24 PM
    Solar panel lease 11th Nov 17 at 6:24 PM
    Hi everyone

    Iím hoping someone can offer some advice on an issue Iím currently facing buying a house with solar panels.

    My husband and I had our offer accepted on the house in August. Mortgage approved fine and all searches etc. came back fine. We knew the solar panels were leased and were told at the time of our offer that the house is mortgageable as the company who fitted them (A Shade Greener) are CML compliant.

    Now our mortgage lender wonít release the money until they are satisfied on three more points.

    One is that the break clause is 3 months and they want it to be 2 months which the solicitor says is resolvable with a deed of variation.

    The second is that itís an ex council house and theyíre not sure if the correct notices have been served to the council in regards to a couple of clauses in the landlord and tenancy act. Again the solicitor says this is resolvable.

    The third, which seems to be the sticking point, is that apparently A Shade Greener have a mortgage for the panels meaning there is a charge on the property. The mortgage lender need an unqualified certificate of title but neither our solicitor of the sellerís solicitor are qualified to do this and their insurance therefore wonít cover them to do it. Not do they seem to be offering much in the way of guidance of how we get this.

    Can anyone offer any advice? How do we get this? Or how do we get round it? Can we get indemnity insurance instead? My solicitor says no but wonít tell me why.

    Iíve seen reps from A Shade Greener reply to posts on here before so is there anyone there that can help in any way?

    We are really trying to push this as we complete on the sale of our house on 24th Nov and although we have options of temporary accommodation we really would like to be moving straight in as itís getting close to Christmas.

    The sellers are keeping in regular contact with us too and they are not getting much guidance their end either so we all just seem to be in a limbo and at the hands of the solicitors 😤

    If anyone can help that would be appreciated!

    Thanks Iím advance!
Page 1
    • anselld
    • By anselld 11th Nov 17, 7:33 PM
    • 5,391 Posts
    • 4,943 Thanks
    anselld
    • #2
    • 11th Nov 17, 7:33 PM
    • #2
    • 11th Nov 17, 7:33 PM
    Could you afford to buy out the panel lease from Shade Greener and get the full FIT benefit in return?
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 7:41 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    • #3
    • 11th Nov 17, 7:41 PM
    • #3
    • 11th Nov 17, 7:41 PM
    Itís like 20k so we couldnít afford it, nor would we benefit enough from it I donít think.
    • cjmillsnun
    • By cjmillsnun 11th Nov 17, 7:53 PM
    • 291 Posts
    • 200 Thanks
    cjmillsnun
    • #4
    • 11th Nov 17, 7:53 PM
    • #4
    • 11th Nov 17, 7:53 PM
    Having gone through a purchase on a house with a panel lease I would never do it again. It was nothing but hassle.

    It ended up that the vendors had to buy the panels out on completion.
    • Cakeguts
    • By Cakeguts 11th Nov 17, 7:57 PM
    • 3,014 Posts
    • 4,183 Thanks
    Cakeguts
    • #5
    • 11th Nov 17, 7:57 PM
    • #5
    • 11th Nov 17, 7:57 PM
    Who had the panels fitted? Was it the owner of the house or the council? I don't understand about the bit about the council and landlord and tenancy notices does this mean that the house is leasehold? If not why would landlord and tenancy notices come up if the house is now privately owned?
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 9:04 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    • #6
    • 11th Nov 17, 9:04 PM
    • #6
    • 11th Nov 17, 9:04 PM
    Iím feeling like that now. Itís such a hassle, but we live the house and weíre so far into the purchase that I donít think Iíd pull out or anything. Also I work from home and since doing so my electric bill has rocketed so I actually want the benefit of free electric during daylight hours as I think weíll save quite a bit.

    The sellers had the panels fitted. From what Iíve been told by the solicitor because itís an ex council house thereís a list of convenants that they must not breach, one of which is they must not use the property for business purposes and leasing the roof space to a third party actually classes as a business which is where the landlord and tenancy act comes in. Iím pretty sure they just need to submit some notices to the council now and it should be ok. Itís the
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 9:05 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    • #7
    • 11th Nov 17, 9:05 PM
    • #7
    • 11th Nov 17, 9:05 PM
    *love the house
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 9:07 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    • #8
    • 11th Nov 17, 9:07 PM
    • #8
    • 11th Nov 17, 9:07 PM
    Do you know who the solar panel provider was on your house @cjmillsnun? Did you face the same issues as us? I really thought as they were CML approved we wouldn’t have any issues ��
    • cjmillsnun
    • By cjmillsnun 11th Nov 17, 9:22 PM
    • 291 Posts
    • 200 Thanks
    cjmillsnun
    • #9
    • 11th Nov 17, 9:22 PM
    • #9
    • 11th Nov 17, 9:22 PM
    Mine was Freetricity. For the lease to be CML compliant, IIRC the lease has to be ended immediately should the house be repossessed. As far as issues go, yes mine were very similar. The vendors lost out to the tune of 14k, however it was the only way they could get a sale.
    • anselld
    • By anselld 11th Nov 17, 9:36 PM
    • 5,391 Posts
    • 4,943 Thanks
    anselld
    Itís like 20k so we couldnít afford it, nor would we benefit enough from it I donít think.
    Originally posted by Nicolawilliams86
    That is a rip-off by Shade Greener then! Didn't even cost £20k new back in the day.
    • AnotherJoe
    • By AnotherJoe 11th Nov 17, 9:45 PM
    • 7,563 Posts
    • 8,166 Thanks
    AnotherJoe
    That is a rip-off by Shade Greener then! Didn't even cost £20k new back in the day.
    Originally posted by anselld
    Its very likely not much to do with the cost of fitting, its the loss of feed in tariffs over future years.
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 9:50 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    I think if it came to it itís would probably do the same
    • Nicolawilliams86
    • By Nicolawilliams86 11th Nov 17, 9:50 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    Yeah I think you are right itís not so much a cost for the equipment/label etc. Itís a penalty for future lost money for them.
    • Cakeguts
    • By Cakeguts 11th Nov 17, 10:33 PM
    • 3,014 Posts
    • 4,183 Thanks
    Cakeguts
    Iím feeling like that now. Itís such a hassle, but we live the house and weíre so far into the purchase that I donít think Iíd pull out or anything. Also I work from home and since doing so my electric bill has rocketed so I actually want the benefit of free electric during daylight hours as I think weíll save quite a bit.

    The sellers had the panels fitted. From what Iíve been told by the solicitor because itís an ex council house thereís a list of convenants that they must not breach, one of which is they must not use the property for business purposes and leasing the roof space to a third party actually classes as a business which is where the landlord and tenancy act comes in. Iím pretty sure they just need to submit some notices to the council now and it should be ok. Itís the
    Originally posted by Nicolawilliams86
    The only way the landlord and tenancy agreement could be anything to do with a covenant breach is if the council still has an interest in some of this house. Do they continue to own the garden and you lease it from them? Is the house leasehold? My house is freehold has never been a council house and it has covenents on it. For a breach of covenent we would not have anything to do with the landlord and tenancy rules as we don't have a landlord.
    • Nicolawilliams86
    • By Nicolawilliams86 12th Nov 17, 8:30 AM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    No itís not leasehold. The owners are the landlords and the solar panel company are the tenants as the owners are leasing their roof out to them.
    • ProDave
    • By ProDave 12th Nov 17, 9:38 AM
    • 407 Posts
    • 482 Thanks
    ProDave
    Its very likely not much to do with the cost of fitting, its the loss of feed in tariffs over future years.
    Originally posted by AnotherJoe
    Assuming these were fitted on the original high rate FIT, then they will be generating an income in the region of £1500 per year. There is probably still at least 19 years left to run on the FIT contract, so over that time they can expect an income of £28,500

    So they won't want to sell for much less.
    • Nicolawilliams86
    • By Nicolawilliams86 12th Nov 17, 10:52 AM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    Has anyone had any experience getting an unqualified certificate of title?
    • Cakeguts
    • By Cakeguts 12th Nov 17, 5:06 PM
    • 3,014 Posts
    • 4,183 Thanks
    Cakeguts
    No itís not leasehold. The owners are the landlords and the solar panel company are the tenants as the owners are leasing their roof out to them.
    Originally posted by Nicolawilliams86
    So what has this got to do with sending some papers to the council?
    • Nicolawilliams86
    • By Nicolawilliams86 12th Nov 17, 8:41 PM
    • 18 Posts
    • 0 Thanks
    Nicolawilliams86
    Because leasing roof space is classed as being a landlord which is classed as running a business which is a restriction the council put on the property when it was purchased from them therefore the owners should have notified the council but didnít.
    • Cakeguts
    • By Cakeguts 12th Nov 17, 9:08 PM
    • 3,014 Posts
    • 4,183 Thanks
    Cakeguts
    Because leasing roof space is classed as being a landlord which is classed as running a business which is a restriction the council put on the property when it was purchased from them therefore the owners should have notified the council but didnít.
    Originally posted by Nicolawilliams86
    So if this covenent is still in existence what happens if the council refuse to lift it?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,278Posts Today

7,154Users online

Martin's Twitter