Landlord prosecuted for putting tenants' lives at risk

Date:

24 May 2011

Release No:

COISE/2405

A landlord was fined after dangerous defects were found on gas appliances at a property rented out to tenants.

Asif Azam of Whitelands Road, High Wycombe, plead guilty at Aylesbury Crown Court after an investigation by the Health and Safety Executive (HSE) found he failed to ensure gas fittings, including a wall mounted boiler, at a property he rented out in Hughenden Road, High Wycombe were safe.

HSE also found that the gas appliances and flues were not checked annually as required by law.

Mr Azam had received instruction from HSE on gas safety but when a specialist gas inspector visited the property on 21 August 2008, he found many immediately dangerous faults.

The court also heard that following the earlier disconnection of the gas supply at the rented property, Mr Azam had the supply re-instated without any repairs being carried out.

Mr Azam was fined a total of £800 for contravening regulations 36(2) and 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998. He was also ordered to pay costs of £2,000.

After the hearing Stephen Manley, HSE Inspector, said:

"It is totally unacceptable to have a property where tenants' lives are threatened because the gas appliances haven't been properly looked after.

"HSE contacted Mr Azam with guidance, information and instruction on his requirements as a landlord, which he simply ignored.

"It is very fortunate that none of his tenants were harmed in what was a dangerous situation for the people who lived there. Maintenance was mostly absent, but when work was carried out on Mr Azam's behalf it was ineffective - our engineer found a flue elbow fitted the wrong way round"

In 2008/09, 15 people died from carbon monoxide (CO) poisoning associated with domestic gas appliances - due mainly to gas appliances having been badly fitted or poorly serviced.

HSE has a one-stop-shop website to give landlords all the information they need to meet their legal duties on domestic gas. Go to www.hse.gov.uk/gas/landlords for more information.

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(2) of the Gas Safety (Installation and Use) Regulations 1998 states: Every landlord shall ensure that there is maintained in a safe condition- (a) any relevant gas fitting; 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. Regulation 36(3) of the Gas Safety (Installation and 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.

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