addition to a lease

[vintage55]

I have a shared ownership lease with a housing association. We have a solar system that heats the water.there is no maintenance provision in the lease at the moment. Can the housing association add this now ?

[caro]

Is the system new or was it in place when you moved in?

[vintage55]

The system was in when we moved into the apatrtment

[caro]

Can you give more information on what's happened and what has prompted your question and the kind of figure involved.

[vintage55]

Responsability for the solar is a grey area .housing association say that it is in the lease. I have read the lease several times and the solar is not mentioned.Housing association now say they e will set up a maintainence contract and add it to our service charge.

 

My argument is they boobed not including the solar in the lease so they should take ownership of that and not expect us to pick up all the cost

[caro]

I've moved your thread to the Residential and Commercial lettings/Freehold issues forum as I think there will be more people with knowledge of service charges.

 

 

What does the lease say about maintenance generally? Is there a maintenance (sinking) fund?

[mariner51]

Define 'shared ownership' lease,as opposed to standard HA/T lease?

 

 

Do the solar heating panels only supply hot water to your property?

[vintage55]

I own 50% of the? apartment .I pay service charge of 148.00 per month and a portion of rent .the solar only heats the water.the solar is not mentioned in the lease. I cannot get insurance to cover the solar.when I raised this issue with the h/a they agreed with me it was a very area also agreeing. That solar was not covered in the lease.

[vintage55]

Should read grey area

[andydd]

Generally if its not in the lease then you dont have to pay it.

 

Im in a similar situation, the lease obliges my landlord to repair the driveway but makes no mention of how the cost is to be recovered, he therefore he hasn't done repairs and I've sued and won.

 

HOWEVER, many leases have vague catch all clauses that MAY be interpreted as allowing for the cost of services such as solar heating, in addition a landlord can make an application to remedy a faulty lease, general;ly this means for example where services charges dont add upto 100% but there has been case law allowing changes such as yours where the service has been provided and the tenant should pay, i.e after all..you enjoy the heating.

[vintage55]

Thanks, the lease does seem to be all in the Housing ASSOCIATIONS favour. I would not advise anyone to get involved with a shared ownership apartment . Feels like I have handed over my 50% share and have no control over my enviroment

[stu007]

Hi

 

I know you stated that the system was installed before you moved into property.

 

1. How long have you been in the property?

 

2. Have you had any invoices/service charge since moving in relating to this?

 

3. Have you been given any information relating to the charges for the Solar Panel Heating/Maintenance since moving in?

 

4. Did you get Legal Advice on Shared Ownership as you purchased the property?

 

5. If yes to above were these charges/factoring/maintenance charges mentioned for the Solar Panels? (Have you asked those that gave legal advice if Solar Panels were ever mentioned?)

 

Things you want from Housing Association: (Put this in writing, keep a copy, get free proof of posting at the post office. Put everything in writing you want to keep a good paper trail)

 

1. Copy of the Complaints Procedure.

2. Copy of the Service Charge & Factoring Policy for Shared Owners.

3. Complete breakdown of all Service Charges/Factoring Charges for your property since moving in date.

4. Copy of the Policy on the Solar Panel Heating Maintenance?

5. Exactly which terminology/clause/ in your Shared Ownership Agreement allows this.

6. When were the Solar Panels Fitted.

7. What is the Maintenance Routine for the Solar Panels.

8. Who is the Manufacturer of the Solar Panels.

9. What is the Life Span of the Solar Panels.

 

Also check their website and in their own search engine on the website just type Solar Panel/Heating etc and see what comes up relating to this especially look for the Board Meeting Minutes and try to find those referring to these Solar Panels.

[andydd]

Thanks, the lease does seem to be all in the Housing ASSOCIATIONS favour. I would not advise anyone to get involved with a shared ownership apartment . Feels like I have handed over my 50% share and have no control over my enviroment

 

The thing with leases is that you dont have to sign, if you dont like the contract you can walk away, far too many leaseholders only read the lease once they have purchased the property.

[vintage55]

Thank you for the responses, to answer your questions;

I have lived in this apartment for 3.5 yrs.

There is no service charge agreement as yet for the Solar at present but H/A are trying to arrange this (and have been attempting to do this for seven months )

As far as I know the Solar Panels have never been serviced ,the apartments were opened in 2010.

I raised the issue last September after being unable to get a service agreement set up for the solar equipment within my apartment. When I approached the H/A about this issue I became aware that that the panels on the roof were not being maintained. They said it was a "grey area" and that is was not in the lease ( I have this in an e-mail ). My self and the other 10 leaseholders are now acting together to try and resolve this issue .

 

None of our solicators raised the issue of the Solar with us , as it it not mentioned in the lease. I did not read the lease as that is what I thought I was paying my Solicator to do on my behalf, but if something is not stated in a lease then it cannot be discussed. That is my argument with the H/A; We were not given all the facts to enable us to make an informed decision to decide if Solar was right for us.

I have researched the system we have ,it needs yearly maintence, very good when working well but expensive to repair, has a life span of ten years, has the capability to provide hot water for 3-4 bathroom household. These apratments have 1 bathroom and are for over 55,s, most of us live alone !! I beleive the H/A installed them to tick the " Green Box " .I have asked if a feasability study was done with regard to this system but as yet I have not had an answer !!!!!!!!!! I have asked the H/A to consult with us Before they set up a service agreement, if this happens remains to be seen . I dont have much confidence in them at the moment

[andydd]

Solicitors are there to point out specific problems in a lease but potential purchasers should read it as you are agreeing to a contract for a long period perhaps the rest of your life and they vary a lot.

 

So when did the solar panels get installed ?, were they part of the original build ?

[caro]

Is any electricity generated sold back to the national grid if there is more than required?

[mariner51]

caro, I assume they are solar water-heating panels, not photo-voltaic panels. Probably installed under some CO2 or energy reduction scheme a few years ago.

[caro]

Ah right. Not something I've heard of I don't think. Thanks mariner