Walsall landlord prosecuted for putting tenants at risk

Date:

22 November 2011

Release No:

WM541/11

A Walsall landlord has been sentenced for failing to provide a gas safety certificate.

The Health and Safety Executive (HSE) prosecuted Khalid Hussain following a complaint from a tenant and her partner, who rent a house at Raleigh Street, Walsall from him.

Walsall Magistrates' Court heard that the boiler was only replaced in October this year despite having broken down in January 2011. Mr Hussain also did not have a landlord's gas safety certificate for the appliances in the property until last month, despite being issued with an Improvement Notice from HSE in March requiring him to provide the certificate by 6 May 2011.

The court also heard that when the new boiler was installed last month, a gas engineer condemned the cooker in the property as dangerous and isolated it.

Speaking after the hearing, HSE inspector Pam Folsom said:

"Mr Hussain has shown complete disregard for the safety and welfare of his tenants. He left them with no central heating during one of the coldest winters in recent memory.

"Landlords must ensure all gas appliances are checked for safety at least once a year and provide a gas safety certificate for the property to show tenants that this has been done.

"Even after HSE issued an Improvement Notice six months ago, Mr Hussain only produced a landlord's gas safety certificate in October.

"Poorly maintained gas appliances can cause carbon monoxide poisoning, which can kill and can also cause serious long-term health problems. Symptoms of carbon monoxide poisoning include nausea, dizziness, tiredness, vomiting, collapse and loss of consciousness.

"HSE will not hesitate to prosecute landlords who fail in their duty of care to tenants in this way."

Mr Hussain, of Pargeter Street, Walsall, pleaded guilty yesterday to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974 and Regulation 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998 and was fined £2,000 and ordered to pay £3,000 costs.

More information about the dangers of carbon monoxide is available from http://www.hse.gov.uk/gas/domestic/co.htm

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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. Section 33(1)(g) of the Health and Safety at Work etc Act 1974 states: "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: "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)."
4. Visit http://www.hse.gov.uk/press/press.htm for further HSE press notices.

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Issued on behalf of the Health and Safety Executive by COI News & PR West Midlands