Purchasing a house with solar

[apprentice87]

As I understand it though I'm far from an expert is if it's a written contract and in the deeds of the property even a new tennant has to take on the contract as part of the conveyance

Yes, if the roof is leased to A N Other, then yes, you do take the freehold subject to their lease.

This is why it is recorded in the charges register bit of the land cert, to make sure that you are aware of it, and being aware of it at the time of the conveyance [to you] makes you subject to this lease in the same way as the original grantor of the thing..

john..

 

[apprentice87]

Latest update
I called the mcs and they can confirm installation details of
Registered in 2012 by a company called blue Skye's heating solutions LTD
They went bust on 2013.

I've contacted and received the title deeds from HMRC which says there's a charge on the property in 2019 by the bank of Scotland though no details are listed and a equatable charge in 2021 created by LC assets regarding a county court money claim in 2021.
I've since contacted the DNO to enquire if they have details of fit paymentsand if they can confirm if this is a company or the property owner. I'm awaiting callback

Ooooerr.... You need to get back to whoever did the conveyancing, as something is VERY VERY wrong here....

Before the property was conveyed to you, the conveyancer should have made the vendors solicitor confirm that the obligations to the creators of the charges had been discharged, and then subsequently had the entries on the cert referring to same removed.

As it is now, you better hope that the loan registered in 2019 and the registered charge entered in 2021 have both been sorted, as YOU are now liable for them..

What you have done, is to buy the equivalent of a car with outstanding finance..

God knows how you even managed to have the land conveyed to you, as no reputable conveyancer would have done this without making sure that the charges had been removed by THE VENDOR..

Now, either YOU are subject to them and could be forced to settle the debts or be forced to sell. OR, you will find that you will not be able to sell the land or get a mortgage without having the charges removed, and this will be very difficult and very expensive too..

Solar panels, are the least of your worries..

Suggest you get back onto whoever did the conveyancing and tell them to sort this out..

john..

 

[Andy1733]

John. I can't see anything in the charge register that relates to the solar panels. I will try and copy the report I've purchased and post on hear

 

[Andy1733]

Ooooerr.... You need to get back to whoever did the conveyancing, as something is VERY VERY wrong here....

Before the property was conveyed to you, the conveyancer should have made the vendors solicitor confirm that the obligations to the creators of the charges had been discharged, and then subsequently had the entries on the cert referring to same removed.

As it is now, you better hope that the loan registered in 2019 and the registered charge entered in 2021 have both been sorted, as YOU are now liable for them..

What you have done, is to buy the equivalent of a car with outstanding finance..

God knows how you even managed to have the land conveyed to you, as no reputable conveyancer would have done this without making sure that the charges had been removed by THE VENDOR..

Now, either YOU are subject to them and could be forced to settle the debts or be forced to sell. OR, you will find that you will not be able to sell the land or get a mortgage without having the charges removed, and this will be very difficult and very expensive too..

Solar panels, are the least of your worries..

Suggest you get back onto whoever did the conveyancing and tell them to sort this out..

john..

I've not purchased the property John. I've not even put an offer in yet. I wanted to get clarification on the panels before I incurred fees from a solicitor

 

[Andy1733]

This is what the charge says

Class of Title: Title absolute
Entry number
Entry date
1
2004-12-09
A Transfer of the land in this title dated 22
November 2004 made between (1) Rotherham
Borough Council and (2) Bernice Samuel and
Jonathan Mark Samuel contains restrictive
covenants.
NOTE 1: None of the matters contained in the
Conveyance dated 28 February 1967 referred to in
the above deed affect the land in this title
¬NOTE 2: Copy filed.
2
2019-01-24
REGISTERED CHARGE dated 12 October 2018.
3
2019-01-24
Proprietor: BANK OF SCOTLAND PLC (Scot. Co.
Regn. No. SC327000) of Halifax Division, 1 Lovell
Park Road, Leeds LS1 1NS.
4
2021-08-18
Equitable charge created by an interim charging
order of the County Court Money Claims Centre
dated 6 August 2021 in favour of LC Asset 2 S.a r.l.
(incorporated in Luxembourg) (Court Reference
H7HC56M2).
¬NOTE: Copy filed.

 

[Andy1733]

This is from the prior page

B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries
that affect the right of disposal.
Class of Title: Title absolute
Entry number
Entry date
1
2019-01-24
PROPRIETOR: WILLIAM ANDREW WILLIS of 73
Greystones Road, Whiston, Rotherham S60 4DB.
2
2019-01-24
The price stated to have been paid on 12 October
2018 was £78,000.
3
2019-01-24
The Transfer to the proprietor contains a covenant
to observe and perform the covenants referred to in
the Charges Register and of indemnity in respect
thereof.
C: Charges Register
This register contains any charges and other matters that affect the land.

 

[apprentice87]

I've not purchased the property John. I've not even put an offer in yet. I wanted to get clarification on the panels before I incurred fees from a solicitor

Ohhh, i see!!! Thank god for that!!

john..

 

[apprentice87]

This is from the prior page

B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries
that affect the right of disposal.
Class of Title: Title absolute
Entry number
Entry date
1
2019-01-24
PROPRIETOR: WILLIAM ANDREW WILLIS of 73
Greystones Road, Whiston, Rotherham S60 4DB.
2
2019-01-24
The price stated to have been paid on 12 October
2018 was £78,000.
3
2019-01-24
The Transfer to the proprietor contains a covenant
to observe and perform the covenants referred to in
the Charges Register and of indemnity in respect
thereof.
C: Charges Register
This register contains any charges and other matters that affect the land.

Roof is not leased out then!! For comparison i haver included part of a scan of my mates land cert. Their roof IS leased out as you can see..

 

[Andy™]

Ive just been to view another property for my portfolio.

you mean another house for you that someone else will be paying for, whilst not being able to own their own...

 

[binky]

you mean another house for you that someone else will be paying for, whilst not being able to own their own...

It's a free country.

 

[Andy™]

It's a free country.

would be nice if everything was free

 

[Andy1733]

you mean another house for you that someone else will be paying for, whilst not being able to own their own...

Yep. You are correct.

 

[Andy1733]

would be nice if everything was free

Nothing is free. We all have to work for it.

 

[Andy1733]

If the panels don t have a lease on them and the installation is eligible for fit payments. Who would be entitled to the payment? Would it be the new owner or the tennant?

 

[binky]

If the panels don t have a lease on them and the installation is eligible for fit payments. Who would be entitled to the payment? Would it be the new owner or the tennant?

The owner gets the FiT, trouble is you have to get the FiT transferred to your name, which sounds like isn't going to happen any time soon.

 

[Andy1733]

The owner gets the FiT, trouble is you have to get the FiT transferred to your name, which sounds like isn't going to happen any time soon.

Tbh It may not happen at all. Im just trying to build a picture of where I stand regards the property before I offer. then employ my solicitor.
Thanks all for your advise.

 

[binky]

Tbh It may not happen at all. Im just trying to build a picture of where I stand regards the property before I offer them employ my solicitor.
Thanks all for your advise.

if' it's not rent a roof, the tennant will still get free leccy, so even if you don't get the FiT, it makes it more rentable.

 

[Andy1733]

if' it's not rent a roof, the tennant will still get free leccy, so even if you don't get the FiT, it makes it more rentable.

Yep. And tbh I don't have a clue what the fit payments are and as you say. it could help with rentability

 

[binky]

Yep. And tbh I don't have a clue what the fit payments are and as you say. it could help with rentability

If you do buy the house it's worth trying to persue the FiT, it can be worth £hundreds, even thousands

 

[Andy1733]

Update on the property. I received a call yesterday from my local DNO. After giving her the address she confirmed no one has made a claim for fit payment at that address. I asked recently or historically. She replied no one ever has made a claim.
This get a bit strange imo. Why would you get a company to fit a solar PV in 2012. Register it with the mcs. Then not make a claim for fit payments..