Does this constitute fraud?

Grumpy_chap

Dooferry said:

I understand what you are saying, but I’m not sure this would be the case.  You can sell a property with solar panels installed, but you are not forced to ‘sell’ the FIT along with them and can carry on receiving payment (even though this wouldn’t benefit the new owners, and anyone buying a house with fully paid for panels would think twice about not having the FIT transferred as well).  I know in a normal situation this probably wouldn’t happen, and the new owner would purchase both with the house sale, etc.  There is no mention in the transfer of equity documents regarding the panels or the FIT, and whilst the panels are fitted to a property I don’t own anymore, I understand that they are now part of that property, but I have not agreed to transfer the FIT account to anybody.

If you had that type of arrangement, wouldn't you also have to have an arrangement over leasing the roof space?

Reed_Richards

Dooferry said:
There is no mention in the transfer of equity documents regarding the panels or the FIT, and whilst the panels are fitted to a property I don’t own anymore, I understand that they are now part of that property, but I have not agreed to transfer the FIT account to anybody.

I'm not persuaded.  When I was looking at houses a few years ago one of them was on land formerly owned by Lord So-and-so . If I had bought that house I would have had to agree to covenants that I did not own the mineral rights and would have needed consent for building work, an extension or to run a business!  I think it was up to you to insert a covenant that you continued to "own" the FIT payments at the time you transferred the equity if that was what you wanted.  

Reed_Richards

I have thought of an analogy that might be helpful:

Suppose that you have a house which you rent to a sitting tenant and then you sell the house.  Although there is a legal agreement between you and the tenant, will you continue to receive rent after you have sold the house?  Of course not; the new owner will inherit the tenant and will get the rent they pay.  It's exactly the same with the FIT, your contract to be paid was nullified when you gave up the equity in the house.  The right to claim the FIT passes to the new owner.       

macman

When I submit my FITs readings, to EDF, there is a clear and simple question that must be answered: do you own the installation? If you no longer own the property, you cannot answer in the affirmative, and the claim would be fraudulent.
If the FITs provider has never been advised of the sale, then they would continue to email read requests on a quarterly basis until advised of any change of ownership.