HSE prosecution prompts warning to landlords

Date:

28 September 2009

Release No:

HSE/YH/361/2009

The Health and Safety Executive (HSE) is warning landlords to be extra vigilant in ensuring the properties they own contain safe gas appliances that are correctly checked and certified.

It follows the sentencing today (28 September) of Ervin Clarke, of Handle Street, Golcar, who was handed a 16 month sentence, suspended for 12 months, after pleading guilty to separate breaches of the Gas Safety (Installations and Use) Regulations 1998 and the Health and Safety at Work Act 1974.

Mr Clarke was also ordered to undertake 60 hours community service and pay £1,420 costs by Huddersfield Magistrates.

The breaches relate to his property on Handle Street, Golcar, which Mr Clarke used to rent out. The court heard that he failed to ensure a gas fire in the property was checked for safety by a registered 'Gas Safe' engineer, and that he failed to act on an improvement notice for the appliance. In doing so he put the health and safety of a tenant and her young daughter at risk.

After the hearing HSE Inspector Kirsty Townend commented: "Landlords are duty bound to comply with Gas Safe regulations, and we're concerned there are other property owners like Mr Clarke who are shirking their responsibilities."

"They are jeopardising the lives of their tenants and we will not hesitate to prosecute individuals who fail their duty of care when it comes to gas safety."

HSE worked in partnership with with Kirklees Council's Private Sector Housing Unit to instigate proceedings against Mr Clarke.

Further information on gas safety can be found at HSE's website at www.hse.gov.uk/gas.

Notes to editors

1. Gas engineers undertaking gas work must be registered with a body approved by HSE. The body currently approved is the GasSafeRegister.co.uk
   For further information about the gas registration scheme go to www.gassaferegister.co.uk
2. Regulation 36(3) of Gas Safety (Installation and Use) Regulations 1988 states: "Without prejudice... 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."
3. Section 33 (1)(g) of the Health and Safety at Work Act 1974 states: "It is an offence for a person (g) to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);"
4. Section 33(1)(c) of the Health and Safety at Work etc Act states: "(1)It is an offence for a person (c) to contravene any health and safety regulations or agricultural 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)".

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Issued on behalf of the hse by COI Yorkshire and the Humber.