Dewsbury landlord prosecuted for exposing tenant to gas dangers

Date:

19 March 2010

Release No:

YH/109/10

A Dewsbury landlord who failed to ensure gas appliances at a property he rented out were safe and fit for purpose is facing 250 hours community service for breaching health and safety laws.

Mahmud Bulbulia, of Thornhill Street, Dewsbury, was also ordered to pay £250 in costs after pleading guilty to two safety breaches of the Gas Safety (Installation and Use) Regulations 1998 and one breach of the Health and Safety at Work Act 1974 at Batley and Dewsbury Magistrates Court yesterday (19 March).

The Health and Safety Executive (HSE) prosecuted Mr Bulbulia after he failed to have the cooker and boiler regularly checked and certified by a registered Gas Safe engineer at his rented property in Stonefield Street, Dewsbury.

Magistrates heard that Mr Bulbulia had already been served with an Improvement Notice in August 2008, requiring him to carry out annual safety checks on his gas appliances.

However by August 2009 Mr Bulbulia still hadn't carried out safety checks on the gas appliances, potentially exposing his tenant to carbon monoxide poisoning and other risks, such as a gas explosion.

After the hearing HSE Inspector Kirsty Townend said:

"Uncertified gas appliances can kill, and it's completely unacceptable that Mr Bulbulia chose to put others at serious risk - especially when he had already been warned and served with an Improvement Notice.

"Landlords are legally required to ensure gas appliances at properties they own are checked and certified at least once a year to ensure they are working properly and safely and to protect their tenants.

Gas engineers undertaking gas work must be registered with the Gas Safe Register, a HSE approved body. For more information, or to check registered gas engineers in your area go to www.gassaferegister.co.uk.

Notes to editors

1. Further information on gas safety can be found at HSE's website at http://www.hse.gov.uk/gas/index.htm
2. Section 33 (1)(g) of the Health and Safety at Work etc Act 1974 states that: "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)."
3. Regulation 36 (3)(a) of the Gas Safety (Installation and Use) Regulations 1998 states: "Without prejudice 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)."
4. Regulation 36 (3)(c) of the Gas Safety (Installation and Use) Regulations 1998 states: "A Land Lord should 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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