Portsmouth landlord fined for failing to meet basic gas safety regulations

Date:

24 March 2011

Release No:

COISE/2102

A Portsmouth landlord has been fined for endangering lives after consistently failing to provide safety records for gas appliances at a property he rented out to a family.

The Health and Safety Executive (HSE) today prosecuted Peter Brown for breaching two counts of the Gas Safety (Installation & Use) Regulations 1998 and one count of failing to comply with the requirements of an Improvement Notice served on him in August 2010.

Portsmouth Magistrates' Court heard that Mr Brown, of Cavendish Drive, Waterlooville, Hampshire, rented out a property at Queens Road, Portsmouth. In July 2006 a mother and her children moved into the residence with the support of Portsmouth City Council.

An inspection of the property in February 2009 by the council uncovered various defects, including damp and mould caused by leaks in the kitchen, which Mr Brown was required to remedy. The council was forced to take formal enforcement action against Mr Brown on 29 June 2009 when he did not action the improvements.

In addition, the council requested a copy of the Landlord's annual Gas Safety Check Record, which he had failed to provide for over two years. At this stage the Health and Safety Executive was informed to ensure his compliance with Gas Safety Legislation.

Mr Brown pleaded guilty to three charges relating to his safety breaches. He was fined £11,500 and ordered to pay costs of £4,500. He was also ordered by the court to provide a Gas Safety Check Record for the property within two months.

After the hearing HSE Inspector Dozie Azubike commented:

"Mr Brown flagrantly disregarded his duties as a landlord, putting at risk the health and safety of his tenant and her children. He has received a significant fine and now has two months, in line with the Court Order, to provide a Gas Safety Check Record for the property. It is potentially an imprisonable offence to neglect gas safety and this should serve as a warning to other landlords.

"Every year approximately 20 people die and many others suffer ill health from carbon monoxide poisoning. It is common knowledge that unchecked gas appliances can become unsafe over time, exposing tenants to possible serious injuries or even fatality. Landlords have a legal obligation to provide tenants with an annual Gas Safety Check Record, verifying that gas appliances have been checked and comply with regulations."

Paul Johnston, Chief Executive of Gas Safe Register said:

"Landlords have a legal responsibility to keep all gas appliances working safely and efficiently by having an annual gas safety check and ensuring that only a Gas Safe registered engineer carries out the gas work, no matter how big or small the job. Whether you are a landlord or a tenant, it's important that you understand the laws about gas safety otherwise you could be putting your life or the life of others in danger."

For further information visit www.hse.gov.uk/gas

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Regulation 36 (3) (a) of the Gas Safety (Installation & Use) Regulations 1998 states: "Without prejudice to the generality of paragraph (2) above, 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)" Mr Brown was prosecuted for two separate breaches of this regulation between July 2006 and July 2008. Further information can be found at http://www.legislation.gov.uk/uksi/1998/2451/regulation/36/made
3. Section 21 of the Health and Safety at Work etc Act 1974 states: "Improvement notices. If an inspector is of the opinion that a person-
   1. (a)is contravening one or more of the relevant statutory provisions; or
   2. (b)has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,
   he may serve on him a notice (in this Part referred to as "an improvement notice") stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under section 24) as may be specified in the notice."
4. Section 42 (1) of the Health and Safety at Work etc Act 1974 states: "Power of court to order cause of offence to be remedied or, in certain cases, forfeiture. Where a person is convicted of an offence under any of the relevant statutory provisions in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters."

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