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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had solar panels installed, then my roof started leaking

Resolved Question:

I had solar panels installed, then my roof started leaking and my bedroom ceiling fell in,, the solar panel people had there roofer out , who explained that the fittings were installed wrong and they used the wrong screws etc.. But the company would only fix the roof , they would not pay for inside damage, they even said they were not excepting liability but only doing the roof out of good will?? I later found out of my mortgage company that they never give them permission to install the panels ?? I have told the company of this in which they said I have breached my contract if i will not allow them to reinstall the panels,, I have even contacted the land register to get there interest off my property in which they will not.. How do I stand in having them for breaching the contract ??? Michelle ..
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Michelle my name is ***** ***** I will help you with this.

Alex Watts :

Have you had a report on the roof done please?

Customer: Yes . There own roofer said it was done badly
Customer: It states in there letter that the wrong screws were used and that they screwed it to the tiles not the battens.. The company are saying it's not there responsible as they didn't put them up,, they took over from that company when it went into liquidation?
Alex Watts :

What is it you want to achieve please?

Customer: Whether they broke the contract so I don't have to have the panels put back on the roof .
Customer: I put all this in my question , when I first came onto this site and paid the 38 pound , which at the moment you haven't answered any of my write up???
Alex Watts :

Yes I read that you want to know whether they have breached the agreement.

Alex Watts :

Just to be clear you want the panels removed?

Customer: Yes please
Alex Watts :

What does the agreement say about breach please?

Customer: first of all I signed into a 10 year contract.. They stated to my mortgage company that they would pay up if any damage acured that was caused by there installation.. My mortgage company never give them permission in the first place to put them in place.. The solar company then said they didn't need permission off them,, I have been fighting this for the last 3 months... The solar company will not admit liability for the damage..
Alex Watts :

What does the agreement say about breach please?

Customer: they have said I have breached it by not having the solar panels put back on my roof ??????
Customer: I told them I am not having them put back up until they accept its there fault and to pay for all the damage ,, not just the roof ??
Alex Watts :

What does the agreement itself say about breach please?

Customer: Says they will maintain the panels ( in which they have not since they been on my roof for the last year) if they had then maybe they would have realised they broke my tiles..
Customer: I never signed a contract with this company since they took over from the company that went bust?? They keep telling me it's not there responsible for the damage,,
Alex Watts :

In the old contract does it say it can be assigned?

Customer: No
Customer: I never even knew the company went bust ,?? Until I had to contact them ,,
Alex Watts :

Then there is no contract

Alex Watts :

The new company can not take it over.

Alex Watts :

The contract is now invalid.

Alex Watts :

But sadly that also means you can't force the company to take the panels down

Alex Watts :

There is no contract with the new company

Alex Watts :

You can have them taken down

Alex Watts :

But sadly you have to pay for that, as there is only a contract between the old company and you.

Alex Watts :

The new company can't sue you for breach - there is no contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer: On the contract it says assignment under letting and charging ??
Alex Watts : I did ask if it Could be assigned and you said no.
Customer: I just looked at the contract sorry
Alex Watts : What does the contract say about breach?
Customer: Nothing .. Cant
Customer: says nothing about breaches ??
Alex Watts : What is the cost of putting the work right?
Customer: Over 5 thousand
Customer: I paid for the inside work already as my ceilings fell in..
Customer: Temp repair on roof
Alex Watts : and to fix it properly ?
Customer: All of the repairs.. Over 5 thousand .. As the company wouldn't fix it I want to get out of the contract as I am now afraid if the panels go back onto my roof it will happen again
Alex Watts : Oh I see the panels have been removed all together?
Alex Watts : i thought the roof had just been fixed ?
Customer: They had to remove the panels for there roofer to see what caused the damage.. Then I wouldn't let them put them back on as they wouldn't pay for all,the damage,, as I put that in a letter to them,,
Customer: They said they was only fixing the roof out of a good will.. As the company which put the panels up had gone bust so it was them responsible not them...
Alex Watts : Has it now been fixed ?
Customer: No ,, they won't fix the roof unless I agree for the panels to go back on the roof.. I want them to pay for the damage inside the house .. But they say they only fix the roof not the interior... So I won't give them permission to put the panels back on.. So my roof still remain as a temp repair and it's not safe for the panels to be replaced ..
Alex Watts : Ok you need go get several quotes for getting the work done, this forms your loss.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Ok thank you .. I see if that works. I want to get out of the contract ???
Alex Watts : Indeed. You risk when you Sue being counter sued.
Alex Watts : But you could argue it's a breach because they wrecked your roof.
Alex Watts : Does that help?
Customer: Ok thank you for your help ..
Alex Watts : Great. Can I help with anything else?
Customer: No don't think so,, thank you .. See what happens next ..
Alex Watts : If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Customer: Just doing it now thank you
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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