Pigeons nesting under Leased Solar Panels from A Shade Greener

Does anyone else have problems with pigeons nesting under their leased solar panels, and the Tenant (A Shade Greener) not being willing to do anything about it unless you pay them?

We have been quoted £500 to fix the problem plus the provision of access scaffolding, and I have seen on line others complaining of being asked to pay £1500 or more.

As we only get a very small amount of 'free' electricity from the panels in lieu of rent for them leasing the roof area, and they take virtually all of the benefit from the panels, resolving this problem is likely to cost us more than we will ever get back from the deal.

The matter came to a head recently when our neighbour complained that the pigeons were creating such a mess that their gutters and drains needed clearing out, and they further complained they were being kept awake by the constant noise. We too were suffering from similar problems.

There was no mention of this as a potential problem at the sales stage, and the Lease Agreement makes no mention of how such matters should be dealt with. On that basis ASG claim they have no obligation to do anything unless they are paid for it.

However we have been told that under civil/tort law (not contract law) the Tenant (A Shade Greener) has an obligation not to cause nuisance to the Landlord (us) either by its action or inaction.  As they were responsible for the design and installation of the panels, and did not include for bird protection, we consider they were negligent and should now remedy the situation at their cost. 

The situation is further complicated by the fact that the Lease Agreement is not with A Shade Greener Limited, but with a subsidiary company that appears to no longer be owned by ASG. 

I do not want to have to pay out a lot of money to fix a problem that ASG caused, and possibly even more to take this to court (if indeed I can even identify the right company to sue!)   

Any help or suggestions would be appreciated.  

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Comments

  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Hi

    A roofer that did our roof told me when I asked him what his next job was, said he was going to fix solar pannels on a roof where peigons often got trapped under and died,  I've never been a fan of these solar things for various reasons inc this one. The roofer said it was a known problem that was being addressed with the newer fittings.

    Thnaks
  • P1Fanatic
    P1Fanatic Posts: 363 Forumite
    Tenth Anniversary 100 Posts Name Dropper
    I'm not familiar with A Shade Greener and your contract but if there is less benefit that the potential cost to secure the panels then cant you threaten to have them disconnected or even removed?

    I don't have panels myself but I do have a Pest Control friend and a massive chunk of his work these days is pigeon / bird proofing solar panels.
  • Does anyone else have problems with pigeons nesting under their leased solar panels, and the Tenant (A Shade Greener) not being willing to do anything about it unless you pay them?

    We have been quoted £500 to fix the problem plus the provision of access scaffolding, and I have seen on line others complaining of being asked to pay £1500 or more.

    As we only get a very small amount of 'free' electricity from the panels in lieu of rent for them leasing the roof area, and they take virtually all of the benefit from the panels, resolving this problem is likely to cost us more than we will ever get back from the deal.

    The matter came to a head recently when our neighbour complained that the pigeons were creating such a mess that their gutters and drains needed clearing out, and they further complained they were being kept awake by the constant noise. We too were suffering from similar problems.

    There was no mention of this as a potential problem at the sales stage, and the Lease Agreement makes no mention of how such matters should be dealt with. On that basis ASG claim they have no obligation to do anything unless they are paid for it.

    However we have been told that under civil/tort law (not contract law) the Tenant (A Shade Greener) has an obligation not to cause nuisance to the Landlord (us) either by its action or inaction.  As they were responsible for the design and installation of the panels, and did not include for bird protection, we consider they were negligent and should now remedy the situation at their cost. 

    The situation is further complicated by the fact that the Lease Agreement is not with A Shade Greener Limited, but with a subsidiary company that appears to no longer be owned by ASG. 

    I do not want to have to pay out a lot of money to fix a problem that ASG caused, and possibly even more to take this to court (if indeed I can even identify the right company to sue!)   

    Any help or suggestions would be appreciated.  

    I have had 2 solar PV installations and the issue of birds has never been mentioned. That said, it was obvious to me that if there is a gap underneath the panels then there was always a chance that the panels were going to be used by birds for shelter. 

    I am no lawyer but I would be wary of going to Court on the basis of something read on the Internet. Given the number of solar installations around the country can you find any case law/court judgement in support of what you believe?


  • _Sam_
    _Sam_ Posts: 313 Forumite
    Third Anniversary 100 Posts Name Dropper
    Yes ASG installed their panels on tens of of thousands of homes, I have read people complaining about pigeons, but not heard of a successful challenge in courts.

    We too have ASG panels but so far lucky not to have pigeons. If they appear, I think we'll just pay to have the net installed. We try to squeeze those panels as a lemon, EV charging and planning to have a battery soon - ASG doesn't get very much from our roof so that is OK  ;)
    Gas: warm air central heating, instant water heater, Octopus tracker
    Electricity: 3kw south facing solar array, EV, Octopus intelligent
  • _Sam_ said:
    Yes ASG installed their panels on tens of of thousands of homes, I have read people complaining about pigeons, but not heard of a successful challenge in courts.

    We too have ASG panels but so far lucky not to have pigeons. If they appear, I think we'll just pay to have the net installed. We try to squeeze those panels as a lemon, EV charging and planning to have a battery soon - ASG doesn't get very much from our roof so that is OK  ;)
    ASG has no interest whatsoever in your home energy use from the panels. It is only interested in the generation payments that it receives under the Feed In Tariff scheme.
  • _Sam_
    _Sam_ Posts: 313 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 25 October 2023 at 9:41PM
    _Sam_ said:
    Yes ASG installed their panels on tens of of thousands of homes, I have read people complaining about pigeons, but not heard of a successful challenge in courts.

    We too have ASG panels but so far lucky not to have pigeons. If they appear, I think we'll just pay to have the net installed. We try to squeeze those panels as a lemon, EV charging and planning to have a battery soon - ASG doesn't get very much from our roof so that is OK  ;)
    ASG has no interest whatsoever in your home energy use from the panels. It is only interested in the generation payments that it receives under the Feed In Tariff scheme.
    Do you mean they get paid under FIT regardless of the amount exported to the grid?
    Gas: warm air central heating, instant water heater, Octopus tracker
    Electricity: 3kw south facing solar array, EV, Octopus intelligent
  • matt_drummer
    matt_drummer Posts: 1,973 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Yes, they get paid a set amount for every Kwh generated and also a payment for a deemed export of 50% of what is generated.

    They don't care what the home owner uses, none of it or all of it, they get paid the same regardless.

    That's why they paid to install the system on a stranger's house.
  • powerful_Rogue
    powerful_Rogue Posts: 8,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Many companies online that offer bird protection for £400 fully fitted.
  • matt_drummer
    matt_drummer Posts: 1,973 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 16 March 2023 at 4:21PM
    Yep, mine cost £600 to fit to panels that were already installed when we moved here, and that was for two separate arrays, one on the house and one on the garage.

    Birds under the panels are a nightmare, £600 well spent!
  • powerful_Rogue
    powerful_Rogue Posts: 8,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yep, mine cost £600 to fit to panels that were already installed when we moved here, and that was for two separate arrays, one on the house and one on the garage.

    Birds under the panels are a nightmare, £600 well spent!
    Yup, wouldn't be without my bird protection. Had solar installed in October but they forgot to put the netting in the van. They came back a month later to fit it. Within the month the pigeons had found a new home and the noise was awful. £400 well spent.

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