Didcot landlord fined for ignoring gas safety

Date:

01 February 2010

Release No:

COISE/01-02

An Oxfordshire landlord has been prosecuted for failing to ensure gas appliances in his property were safe and fit for purpose.

The Health and Safety Executive (HSE) brought the prosecution against Graham Barnes, 49, from Bicester Road in Kidlington after he failed to have gas appliances at the Didcot property he rented out, safety checked.

Didcot Magistrates Court today (1 February 2010) heard that between January 2009 and July 2009 Mr Barnes failed to arrange the annual safety check to be carried out on gas appliances and flues at a residential property he owned; and also failed to maintain gas appliances at the same property.

He was fined a total of £8,000 and ordered to pay £1957.70 in costs, with £15.00 victim surcharge.

All landlords are subject to the provisions of the Health & Safety at Work etc Act 1974 and Mr Barnes was charged with contravening Regulations 36(3)(a) and 36(2) of the Gas Safety (Installation & Use) Regulations 1998.

Despite being warned by a gas installer on 11 February 2009 there were defects in the appliances, he failed to address the problem and the gas boiler was condemned on 09 June 2009.

Mr Barnes pleaded guilty to not ensuring gas appliances at the property in Medlock Grove, had an annual safety check, resulting in leaked carbon monoxide into the kitchen.

After the hearing, HSE Inspector Dozie Azubike said: "This is clear case of a landlord ignoring his responsibilities and thereby putting people at risk.

"As a result of the boiler not being serviced, carbon monoxide leaked into the kitchen creating a very dangerous environment. This was on top of a warning that the defendant had received from gas installer that there were defects in the appliances."

Notes to editors

1. Regulation 36(3)(a) of the Gas Safety (Installation & 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. Regulation 36(2) of the Gas Safety (Installation & Use) Regulations 1998 states: "Every landlord shall ensure that there is maintained in a safe condition a) any relevant gas fittings; 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. More information about the duties of landlords can be found at: http://www.hse.gov.uk/gas/domestic/faqlandlord.htm

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Issued on behalf of the Health and Safety Executive by COI News & PR South East