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Cambridgeshire landlord jailed for 16 months for perverting the course of justice and breaking gas safety laws

Young couple and baby slept in unsafe rented room

A Cambridgeshire landlord has been jailed for 16 months after he admitted perverting the course of justice and four separate charges of breaking gas safety law.

Mr Istiaq Ahmed, of Green Leys, St Ives, Cambridgeshire, was due to be sentenced for health and safety offences earlier this year when he instructed his counsel to present a 'Landlord Gas Safety Record' as part of his mitigation.

Investigations by the Health and Safety Executive (HSE), which brought the gas safety case, revealed the document to be false - Mr Ahmed had obtained a bogus, back-dated certificate from a local gas engineer.

Appearing at Peterborough Crown Court for sentencing today (Monday 12 October), Mr Ahmed was imprisoned for 16 months. He had already admitted, at an earlier hearing, perverting the course of justice and four charges in breach of Section 33 of the Health and Safety at Work etc Act 1974.

Immediately after the case HSE issued a firm warning to all managers of rented properties to ensure they adequately check and maintain gas appliances - or face the risk of prosecution.

HSE Inspector Stephen Manley said: "Anyone responsible for letting a property must ensure gas appliances are maintained and annually tested to ensure that they are in a safe condition and working effectively.

"Gas appliances which have not been properly maintained and are unsafe as a result are likely to produce carbon monoxide, which can kill quickly without warning. Carbon monoxide is particularly dangerous because you can't see it, taste it or smell it. Around 20 people die each year from carbon monoxide poisoning due to a lack of effective maintenance of gas appliances - all these deaths could easily be prevented.

"I urge all landlords to find out about their duties under both the Housing Act and the Gas Safety Regulations - it is vital to take action to reduce risk to tenants and to avoid court action.

"If you choose to become a landlord and enjoy the benefits of the extra income that can bring then you must take your responsibilities towards your tenants seriously."

Mr Ahmed had been acting as landlord on behalf of the owner of a rented property on Sallowbush Road, Huntingdon, when he committed the four health and safety offences in August 2007.

When HSE inspectors visited the property in October 2007 they discovered ten defects with the gas appliances. Three of these defects were classified as "immediately dangerous" and three were classified as "at risk". The defects included two gas leaks and a very poorly maintained open-flued gas fire in a room where a young couple and a baby slept.

Mr Ahmed was charged under Section 33(1)(g) for failing to comply with an Improvement Notice the HSE had earlier served on the landlord, requiring gas safety checks to be carried out. He was also charged with three breaches of Section 33(1)(c), regarding failing to maintain gas appliances, failing to carry out annual safety checks and failing to remove gas appliances from a room used for sleeping.

He was sentenced to 12 months imprisonment for perverting the course of justice and a further four months, to run consecutively, for failing to comply with an Improvement Notice. No separate penalties were imposed for the other three gas safety charges.

The case originally came to court in February 2008 with Mr Ahmed charged only with the four gas safety charges. He later changed his plea to guilty before submitting the false evidence prior to a sentencing hearing in January this year. 

Frequently answered questions on gas safety for landlords can be found at Gas safety frequently asked questions.

Notes to editors

  1. It is a specific offence for a person to fail to comply with a requirement imposed by an Improvement Notice served under section 21 of the Health and Safety at Work etc Act 1974 punishable by a fine or imprisonment for up to two years - or both.
  2. Section 33(1)(c) of the Health and Safety at Work etc Act 1974 states: "It is an offence for a person to contravene any health and safety regulations... or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations)."
  3. Section 33(1)(g) of the Health and Safety at Work etc Act 1974 states: "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)."
  4. 14 people died in the UK in 2007/08 from carbon monoxide poisoning and there were more than 230 non-fatal confirmed carbon monoxide exposures. For a full breakdown of the statistics see Incidents relating to the supply and use of flammable gas
  5. Gas installers undertaking gas installation and maintenance work must be registered with a body approved by HSE. 'GAS SAFE REGISTER' is the title of the new gas installer registration scheme in Great Britain from April 2009 (replacing CORGI). For further information about the new gas registration scheme see Gas Safe Register

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Updated 2013-01-10