Legal News

A Paignton-based contractor has been prosecuted by the Health and Safety Executive (HSE) after a gas flue was removed during a re-roofing contract, potentially putting a tenant’s life at risk.

Contractor Gary Redman, 55, was in control of roofing works above a flat on Marldon Road in Paignton during March 2014.

During the works, the flue to the gas boiler in the flat below the property was removed, creating a risk of dangerous gases – including carbon monoxide (CO) – building up inside the property, which was occupied by a tenant.

The Health and Safety Executive (HSE) investigated Gary Redman’s work and prosecuted him as a result of their findings.
.
HSE inspectors found that the flue had been detached from the boiler where it passed through the flat roof.

The tenant in the property tried to use the boiler, but found it did not work.

On investigating, the tenant saw that the flue had been removed completely where it passed through the roof – and later saw the flue had been replaced in the hole in the flat roof, but not reconnected to the boiler.

The work was checked by a Gas Safe registered engineer – who classed the flue as “immediately dangerous” and contacted HSE.

Gary Redman of Broadlands Road in Paignton, Devon, pleaded not guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

He was, however, found guilty after a trial and Plymouth Magistrates’ Court fined him £3,000, with £2,500 in costs.

After the trial, HSE Inspector Simon Jones, said:

“Gary Redman’s negligence could have cost lives – a boiler not connected to a flue could send waste gas into a building and is a clear and well known risk.

“Anyone removing gas flues must make sure they are properly replaced and connected to gas appliances – and that work is undertaken by a member of Gas Safe Register.

“Anyone undertaking building work around a flue must ensure their building work does not affect the flue or gas appliance in any way.”

CO poisoning is potentially fatal and signs of carbon monoxide include black sooty marks above heating apparatus such as boilers and water heaters, as well as a black sooty border to the ceiling and sometimes increased condensation in a property.

CO is a colourless gas with no smell – symptoms of CO poisoning include persistent tiredness, dizziness, nausea and headache, leading to unconsciousness and eventually death.

Landlords have a duty to check gas appliances annually using a Gas Safe engineer and fit CO detectors in properties. A certificate should be obtained when appliances are checked.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise landlords, private sector and public sector tenants on a wide range of housing matters, including:

• Council’s obligation to re-house
• Disrepair
• Housing benefit
• Housing fraud
• Housing possession
• Landlord & tenant disputes
• Local Authority housing
• Nuisance neighbours
• Section 146 (Notice to quit)
• Section 193 (council’s obligation to house)
• Tenancy agreements
• Unlawful eviction.

There are Duncan Lewis offices nationwide – and Duncan Lewis is also a leading provider of Legal Aid housing advice.

For expert legal advice on housing law, contact Duncan Lewis housing solicitors on 0333 772 0409.