Salcon free solar panels - remove from roof?

gaynormurray

I hope someone on here can help! Back in 2012 we had free solar panels put on our roof from Salcon. No problems then, we were getting cheap electric, so happy days. We were notified that the installers had gone into liquidation, but someone came round and tested the solar panels and told us everything was ok and legal and then registerd the panels with our mortgage lenders. This year, we decided to move house as my hubby can no longer climb stairs so we wanted to buy a bungalow. Back in May, we found a buyer but we have had problem after problem, we still have our buyer....until her mortgage offer runs out in 9 days. First the buyers solicitor found that the panels had not been registered at the land registry, then when we eventually got them registered after emailing Hong Kong daily, only for the solicitor to find TWO leases, one from 2012 and one from 2014. We STILL have not got any further, the question is, can we insist the panels are removed as we can not afford to wait any longer, this has caused untold stress to us both, and it has cost us a fortune so far in trying to sort everything. Our solicitor has emailed the company asking them to remove the panels at no cost to ourselves, but no answer. Can we remove them ourselves? Or has anyone got any suggestions? PLEASE?

Cardew

You would(or should) have signed a legally binding lease for 20 or 25 years in 2012 and a condition of the lease would be that it would be binding on subsequent owners.


Your agreement was obviously with the original Rent a Roof company(Salcon)


If you signed the new lease with the new Rent a Roof company, then IMO that lease is legal and you quite clearly cannot remove the panels. Even if you did remove the panels the lease is still valid and you could, and almost certainly would, be sued by the new company.


If you didn't sign the new lease it is up to your solicitor to sort matters out, and quickly. There might be the option to buy the panels from the Rent a Roof company.


Of course it may be the new prospective owner's mortgage lender will never agree to 'Rent a Roof' panels being on the house under any circumstances.

gaynormurray

Thank you, we have at long last sorted out the lease issues, and hope to exchange contracts shortly without having to result in the removal of the panels.

thenudeone

gaynormurray wrote: »

First the buyers solicitor found that the panels had not been registered at the land registry, then when we eventually got them registered after emailing Hong Kong daily, only for the solicitor to find TWO leases, one from 2012 and one from 2014.

I think you are confusing two different things.

Solar Panels are not registered at the Land Registry.

What can be registered is a "legal charge" on the property, which means you can't sell the property without settling the charge (i.e. paying off the loan or other obligation covered by the charge). A mortgage is one very common example of a legal charge.

This legal charge would continue to exist regardless of whether the panels were still in place. If you removed them, you would be in breach of the agreement with the panel company (or whoever has inherited or bought the rights from them), who could force you to sell the house to pay off the value specified as being payable if you wee in default. This could be significantly more than the original cost of the panels. So - definitely not what you should be doing!

Mortgage companies need the security of knowing that they have a legal charge on the property in order to lend. When they find out that another party (eg: a rent-a-roof panel company) has a charge on the property, it increases the risk to the mortgage company, since if you failed to make your repayments, they would have to share the proceeds from the eventual sale of the house with someone else.
This is why rent-a roof schemes are not a good idea for people who know they aren't going to stay in the property for quite a long time.

Land_Registry

A wide variety of companies offer to install solar panels in return for a Lease of the airspace above the roof to accommodate them. The home owner usually benefits from free electricity generated whilst the company gets the income from any surplus electricity exported to the grid together with the benefit of any export tariffs.

The Leases of airspace to accommodate solar panels are sometimes referred to as ‘rent my roof space’ schemes. Such leases are registerable in England and Wales.

tunnel

Land_Registry_representative wrote: »

The home owner usually benefits from free electricity generated whilst the company gets the income from any surplus electricity exported to the grid together with the benefit of any export tariffs.

That's not quite right, the company gets paid for all the generation not just any that's exported, the same as any individual who puts panels on their own roof, export is then deemed at 50% of that generation of which the company will be paid another tariff(currently 4.77p)

Sterlingtimes

There is a lease, of course, but there must surely also be an easement given the owner of the lease the right to obtain access to his property on the roof and in the airspace above it. I rather think it is no different to leasing out your garden and giving the lessee the right to use it and obtain access to it.


The lessor gets relatively little benefit for leasing his roof for twenty years. I would say that it is not a very good idea.

kellywelly150

Hi gaynormurray- we are also having similar issues with Salcon, I'm really please that you have sorted your out - Ours have been on going for nearly a year now. Please please is there any advice that you can give or do you have any contact details for someone who has helped you. I really need the MSC certificate number too, do you have it?

gaynormurray

kellywelly150 wrote: »

Hi gaynormurray- we are also having similar issues with Salcon, I'm really please that you have sorted your out - Ours have been on going for nearly a year now. Please please is there any advice that you can give or do you have any contact details for someone who has helped you. I really need the MSC certificate number too, do you have it?

Hi! Have sent you a private message, only just seen this...sorry!