Landlord fined £5,500 after double carbon monoxide poisoning in Hackney

Date:

14 October 2008

Release No:

HSE/LON/008/08

Health and Safety Executive (HSE) is warning landlords to ensure gas appliances are safe for tenants after two people were poisoned by carbon monoxide (CO), from a boiler in their flat that had not been properly maintained.

Mr Soley Fikret, landlord of a block of flats in Mare Street, Hackney, was fined £4,000 and ordered to pay £1,500 costs at the Old Bailey, after pleading guilty to two breaches of the Gas Safety (Installation and Use) Regulations 1998 today.

HSE Inspector Gavin Pugh said: "Landlords must act responsibly. This case should be a warning to landlords who don’t bother to look after their tenants.  In this instance it was very lucky that no one was killed. Had the carbon monoxide poisoning happened slightly later in the night, this incident could have resulted in a terrible tragedy.

"It is the responsibility of every landlord to maintain gas appliances in a safe condition and have them safety checked by a registered gas installer at least once a year, and it is not difficult to arrange for a registered installer to carry out the annual checks.  Also, it is essential for any new gas appliances, which includes flues and ventilation systems to be installed by a registered gas installer".

On the evening of 11 January 2007, an ambulance was called to Mare Street, where one of the occupants of one flat, was reported to have symptoms of a heart attack. Paramedics gained access to the flats and took the individual to hospital. Meanwhile other residents of the building were unable to wake another tenant, and another ambulance was called.

CO poisoning was diagnosed and all residents and guests of the property and the paramedics (13 people in total) were treated for the effects of CO poisoning.

The HSE attended the next day with British Gas investigators, who put warning notices on the gas appliances in one flat. They returned the property on the 15 January 2007 to test the boiler and found it was emitting high levels of CO.

The HSE investigation showed that Mr Fikret had failed to ensure that the three separate boilers and flues in the flats at Mare Street were checked for safety in the previous 12 months. 

Notes to editors

1. Regulation 36 (2) of the Gas Safety (Installation and Use) Regulations 1998 states Every landlord shall ensure that there is maintained in a safe condition - 
   1. any relevant gas fitting; and
   2. any flue which serves any relevant gas fitting,
   so as to prevent the risk of injury to any person in lawful occupation or relevant premises.
   Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998 states: " A landlord shall ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not);
2. The levels of CO in the blood of the individual from one flat was measured (after pure oxygen was administered) at 20.9% and the second individual taken to hospital had levels of 38.4%. Coma can be brought about by levels of 50-60%. 
3. Further information on the duties of landlords, letting agencies, tenants and owner occupiers, in relation to the safety of gas appliances, can be found at http://www.hse.gov.uk/gas/domestic/gas_law.htm
4. Frequently answered questions by landlords on the subject of gas safety can be found at http://www.hse.gov.uk/gas/domestic/faqlandlord.htm
5. Gas installers undertaking gas installation and maintenance work must be registered with a body approved by HSE. HSE has announced that CAPITA has been awarded the contract to provide a new gas installer registration scheme in Great Britain from April 2009. Until then, gas installers must be registered with CORGI. For further information about the new gas registration scheme see http://www.hse.gov.uk/gas/domestic/safetyreview.htm.

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Issued on behalf of the Health and Safety Executive by COI News and PR London.