HSE/NW/064/07 18 December 2007

Warning to landlords after HSE prosecutes for failing to carry out a gas safety check

The Health and Safety Executive (HSE) has prosecuted a landlord following repeated warnings that he was ignoring his gas safety duties towards his tenants. The prosecution serves as a warning to rogue landlords who put the lives of their tenants in danger.

Sandor Alexander of Bonds Lane, Banks, Southport was fined £1,250 and ordered to pay £4,651 costs after pleading guilty to two charges at Blackpool Magistrates Court. The charges related to his failure to carry out an annual safety check of a gas flue at a property he owned and let in Hathaway Road, Fleetwood and his subsequent failure to comply with an Improvement Notice requiring him to carry out that safety check.

HSE Inspector Anthony Polec said:

“Every year about 30 people die due to carbon monoxide poisoning caused by gas appliances and flues which have not been properly installed or maintained. Lives are put at risk if landlords do not carry out statutory gas safety checks.

“We acted after receiving a complaint. The landlord was given several opportunities to carry out the safety check after which an Improvement Notice was served, but he still failed to have the check carried out.

“Landlords have a duty to carry out annual gas checks for the safety of their tenants. Improvements notices may be issued where action needs to be taken for the safety and protection of tenants.“

Notes to editors:

1. Regulation 36(2) of the Gas Safety (Installation and Use) Regulations 1998 says:
   • 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.
2. Regulation 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998 says:
   • A landlord shall ensure that each appliance and flue to which [the duty in regulation 36(2)] 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)
3. Section 33(1)(g) of the Health and Safety at Work etc Act 1974 says:
   • It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal).

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