Landlord prosecuted for putting students at risk

Date:

10 February 2012

Release No:

COISE/1002

A Glasgow GP has given a conditional discharge and ordered to pay costs, after failing to maintain a gas boiler at a student flat he owned in Oxford.

The Health and Safety Executive (HSE) prosecuted Dr Tariq Mahmood for breaching Gas Safety Regulations in December 2010.

Oxford Magistrates' Court heard that on 17 December 2010, a gas installer was called by the landlord to repair a boiler at Laurel Court, Nye Bevan Close, Oxford. He refused to service the appliance and called an emergency gas engineer, who immediately condemned the boiler and flue. He then reported it to the HSE.

The HSE investigation revealed that Dr Mahmood had failed to maintain the flat's boiler and flue for two years between January 2009 and December 2010. This action endangered the lives of the students who lived there, exposing them to the risk of carbon monoxide poisoning.

After the hearing, HSE's Inspector Dozie Azubike said:

"Dr Mahmood's lack of care could have had very serious consequences for his Oxford University student tenants. Every year approximately 20 people die and many others suffer ill health from carbon monoxide poisoning.

"Unchecked gas appliances can become unsafe over time, exposing tenants to possible serious injuries or even fatality. It is therefore vitally important that landlords fulfil their gas safety obligations to their tenants."

Paul Johnston, chief executive of Gas Safe Register, said:

"Landlords have a legal duty to ensure gas appliances in any property they rent are safety checked once a year and that they provide a copy of the gas safety record to their tenants.  It is also a requirement that they use a suitably qualified Gas Safe registered engineer to carry out the work.

"Tenants should also be aware that it is their right to ask to see a copy of the gas safety record if one has not already been provided."

Dr Tariq Mahmood, of Broompark Drive, Newton Mearns, Glasgow, pleaded guilty to regulations 36(2)(a) and 36(2)(b) and two counts of 36(3)(a) of the Gas Safety (Installation & Use) Regulations 1998. He was given a Conditional Discharge for a period of two years and ordered to pay costs of £4,928.

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)(a) of the Gas Safety (Installation & Use) Regulations 1998 states: "Every landlord shall ensure that there is maintained in a safe condition any relevant gas fitting, so as to prevent the risk of injury to any person in lawful occupation or relevant premises."
3. Regulation 36(2)(b) of the Gas Safety (Installation & Use) Regulations 1998 states: "Every landlord shall ensure that there is maintained in a safe condition 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."
4. 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 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)."

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