HSE/WM/209/2009 26 June 2009

Landlords reminded to check gas appliances regularly following HSE prosecution

The Health and Safety Executive (HSE) is urging landlords and property agents to ensure that their gas appliances are serviced and maintained and that landlords’ gas safety checks are completed. It follows the prosecution of a Tamworth man, after four people were taken to hospital suffering suspected carbon monoxide poisoning at a rented property.

Paul Bird was fined £2,000 and ordered to pay £2,220 in costs at Burton on Trent Magistrates Court on 8 June, after pleading guilty to four charges under the Gas Safety (Installation and Use) Regulations 1998.

The incident occurred in a property on Prospect Street, Tamworth on 11 December last year. The four people who were taken to hospital with suspected carbon monoxide poisoning, were released the same day.

Mr Bird was the managing agent of the property. The court heard that following the incident, British Gas and HSE visited the house, to inspect the appliances. They identified that the back boiler, gas flue and gas fire were immediately dangerous.

It also emerged that a landlord’s gas safety check had not been completed at the property and there was no evidence that the gas appliances, which were almost 30 years old, had been serviced in recent years.

Speaking after the case, HSE investigating inspector Andrew Bowker said:

“Approximately 20 people are killed every year by carbon monoxide poisoning due to unsafe gas appliances and flues. Landlords and managing agents must ensure that their gas appliances are checked for safety on an annual basis and are suitably serviced and maintained. Mr Bird fell well below the required standard and it was fortunate those affected recovered quickly.

“HSE would also urge any private tenant in a property with a gas appliance installed, to ensure that their landlord has provided them with a current gas safety certificate.”

Notes to editors

1. Section 36(1) of the Health and Safety at Work Act 1974 states: "Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person."
2. Regulation 36 of The Gas Safety (Installation and Use) regulations 1998 states: (2) Every landlord shall ensure that there is maintained in a safe condition - (a) any relevant gas fitting; and (b) 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.
   (3) Without prejudice to the generality of paragraph (2) above, a landlord shall - (a) 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); (c) ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check

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