A Shade Greener - Solar Panels - Pigeons

ruby28

HI all,
Has anyone found themselves in a similar situation?
We took out free solar panels with A Shade Greener about 5 years ago. They lease our roof space in exchange for free/reduced energy.
There was never any mention of solar panels attracting pigeons and any measures put in place at the start to prevent this.

Forward 4.5 years. We now have an increasing number of pigeons who are happily settled under the panels.  I contacted ASG who said fitting guards was not part of my contract and would cost £1200+ for them to fit the guards.  There is also a clause in my contract that states we can only use a 3rd party with authorisation and any damage caused by a 3rd party we are liable for. 
I informed ASG that they had a duty of care to my property whilst leasing the roof space, for example, if I leased a unit for my food business and my food business was attracting rats that were damaging the property, whos duty is it to prevent and repair the damage, mine as the tenant ot the landlord?   They came back to me with a reduced offer which they said was only valid providing i did not speak about it on social media. I declined this offer as the cost to them was minimal compared to the amount they were making over the 25 year period from using my roof space.
This reduced offer was then increased as there was a need for scaffolding. Now, under the terms of the agreement i am allowed to have the panels removed twice. I asked them to remove the panels so i could check for damage and whilst they were there (with scaffolding) they could do the guards at the same time. They have now revoked their offer completely. I have explained my reasons for needing the guards as, long term the pigeons will be causing damage to my roof. They would only commit to a date to remove the panels  provided we paid them a £1000 deposit to secure the appointment and "when next in the area". Our contract states this would be done free of charge . We put it to them that they could not charge us for this service.
I am prepared to use a 3rd party to pay for the work and submit a small claims application to try and claim the money back.  
For those of you with contract law knowledge, if my contract states that any 3rd party damage is to be paid by us, if we have given ASG ample opportinuty to fit the guards themselves, does this make this clause in our contract void?

the_lunatic_is_in_my_head

Sounds like a complicated issue to which you might not get an answer here but OP how much would the 3rd party install cost compared to their price of £1200? 

ruby28

Between £600-800 but would be done sooner. ASG can't even commit to a date and from other reviews I've read, it will be later rather than sooner 

the_lunatic_is_in_my_head

Will they give permission for a 3rd party to do the work or did they refuse this? 

Ditzy_Mitzy

This is an interesting one.  A Shade Greener (ASG) will have entered into a contract with you that is similar to a lease.  The first question that needs to be answered is what, exactly, has been signed over.  The solar panels will be attached to a metal frame, which is in turn mounted on the OP's roof.  The panels and frame will quite obviously be ASG's property, but has the roof beneath been demised to them too?  If it has, i.e. if they now 'own' the tiles beneath the panels, then this is a non-starter; the OP doesn't have rights to do anything to the specific area in question.  

If not, there is likely to be a clause in the contract that gives ASG the right to something similar to 'quiet enjoyment', i.e. that the householder is not allowed to interfere or tamper with the panels or the structure supporting them.  It's a similar situation to a commercial tenancy: if one imagines a retail tenant occupying a shop owned by a landlord, the landlord would not be allowed to affix a steel plate over the front window without permission.  The OP, following the same principle, will not be allowed to affix pigeon proof netting to the solar panels without permission.  

Permission can be gained, it appears, but is conditional on the tenant arranging for, or at least agreeing to, the work to be carried out.  That is, more than likely, the be all and end all of the situation.  Pigeon proof netting needs to be directly attached to the panels, which the OP doesn't own.  If done without authority, ASG would be able to ask for it to be removed or, potentially, start proceedings against the OP for damaging the solar panels if, let's say, the netting was screwed to the panel surrounds.  They might not, indeed they might not care, but that doesn't give the OP grounds to sue them.  

Moving on: the OP suggests that the flock of pigeons taking up residence beneath the panels is likely to cause damage.  That is a sensible view to take, but the question that hasn't been answered is whether any damage has actually taken place.  If not, then we're into the realms of taking precautions rather than effecting repairs.  Eminently sensible precautions, mind, but still precautions nonetheless.  Can the tenant, ASG, be compelled to take precautions in order to protect the landlord's interest?  Again that depends on what's in the contract.  

bris

Just go to Amazon, buy enough of these https://www.amazon.co.uk/KADAX-Plastic-Repellent-Windowsill-Protection/dp/B081K2CN54/ref=sr_1_4_sspa?crid=37SQWLGHOK0SQ&keywords=bird+spikes+for+pigeons&qid=1647468108&sprefix=pideon,aps,67&sr=8-4-spons&psc=1&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUEyQkNOQ1dCWlJZRFc3JmVuY3J5cHRlZElkPUEwMTYxNzUyM0Q2MzVTNlpDUjc1TCZlbmNyeXB0ZWRBZElkPUEwNzIxNDMxM1VNTFpNSEpVUjNETyZ3aWRnZXROYW1lPXNwX2F0ZiZhY3Rpb249Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=

and glue them under the edge of the panels anywhere the can walk under. 

Ergates

bris said:

Just go to Amazon, buy enough of these https://www.amazon.co.uk/KADAX-Plastic-Repellent-Windowsill-Protection/dp/B081K2CN54/ref=sr_1_4_sspa?crid=37SQWLGHOK0SQ&keywords=bird+spikes+for+pigeons&qid=1647468108&sprefix=pideon,aps,67&sr=8-4-spons&psc=1&spLa=ZW5jcnlwdGVkUXVhbGlmaWVyPUEyQkNOQ1dCWlJZRFc3JmVuY3J5cHRlZElkPUEwMTYxNzUyM0Q2MzVTNlpDUjc1TCZlbmNyeXB0ZWRBZElkPUEwNzIxNDMxM1VNTFpNSEpVUjNETyZ3aWRnZXROYW1lPXNwX2F0ZiZhY3Rpb249Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=

and glue them under the edge of the panels anywhere the can walk under. 

The solar panels are on the roof though, so would probably need scaffolding to do that safely.   Plus they belong to the company who would need to give their permission to do this.

ted01

Hi Ruby. I see this post is almost a year old but I wondered if you had any resolution to this issue please? I have exactly the same issue (pigeons roosting under my solar panels) and ASG couldn’t care less, and want £700 to even think about doing anything! Surely they have a duty of care as it’s their panels that are causing the problem and pigeons are vermin, affecting my 2 boys and 2 little dogs who have taken an unhealthy interest in the droppings… I am thinking of taking legal advice as it’s a disgrace that they aren’t interested unless I pay them. Thank you in advance.

user1977

ted01 said:

Hi Ruby. I see this post is almost a year old but I wondered if you had any resolution to this issue please? I have exactly the same issue (pigeons roosting under my solar panels) and ASG couldn’t care less, and want £700 to even think about doing anything! Surely they have a duty of care as it’s their panels that are causing the problem and pigeons are vermin, affecting my 2 boys and 2 little dogs who have taken an unhealthy interest in the droppings… I am thinking of taking legal advice as it’s a disgrace that they aren’t interested unless I pay them.

As already discussed above, we can't really give advice without knowing what the lease says. Can you tell us?

ted01

It doesn’t say anything about their responsibility in this matter, however, there is a section that says that it is their responsibility to keep the solar panels in good working order and to maintain them… through research I have found out that pigeons roosting under panels can cause hotspots and damage the wires underneath, therefore they have a duty to resolve this as surely if I didn’t bring this to their attention, they would hold me responsible for any damage…

powerful_Rogue

I don't think you'll get anywhere unless you pay from the bird protection, as it's an optional extra. It's worth shopping around though, many companies will add it after install for around £400 - Just get permission from ASG first.