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Landlord fined £20,000 for gas safety breaches (7 December 2015)

Date: 07/12/2015
Duncan Lewis, Legal News Solicitors, Landlord fined £20,000 for gas safety breaches

The Health and Safety Executive (HSE) has successfully prosecuted the landlord of a property in Plymouth, after he risked the lives of his tenants through by a dangerous gas boiler installed in the flat.

HSE began inquiries into a property let by Abdul Manik, after Plymouth City Council alerted them to the lack of a gas safety certificate for a number of flats at the property in Meadfoot Terrace, Plymouth.

The council had asked Manik to provide certificates on at least seven separate occasions.

HSE served an Improvement Notice on Manik, requiring him to undertake landlords’ gas safety check and maintenance – but this had not been done by the notice expiry date.

In December 2014, a gas engineer called in by one of Manik’s tenants found serious problems with the gas boiler at the flat and notified HSE.

The gas boiler was classified by the Gas Safe-registered engineer as “immediately dangerous” – meaning that, if operated or left connected to the gas supply, it could cause an immediate danger to life or property.

The boiler was replaced by Plymouth City Council after Abdul Manik failed to undertake the necessary repairs.

At Plymouth Magistrates’ Court, 54-year-old Abdul Manik of Lockington Avenue in Plymouth pleaded guilty to breaches of Regulations 36(2) and 36(3) of the Gas Safety (Installation and Use) Regulations 1998 – as well as Section 33(g) of the Health and Safety at Work etc Act 1974.

Manik was fined a total of £20,000 and ordered to pay costs of £2,817.

After the hearing, HSE Inspector Simon Jones said:

“Landlords have a legal duty to carry out gas safety checks and maintenance, which are there to protect their tenants from death or injury.

“In this case, Mr Manik ignored repeated requests to carry out the checks –
and, as a result, a serious fault with the gas boiler at one of the flats was undetected until discovered by an engineer.”

Unsafe boilers can emit the poisonous gas carbon monoxide (CO), which is highly toxic and can kill, but is colourless and has no smell.

Signs of carbon monoxide in a property include a black sooty deposit round the edge of a ceiling or above a boiler or water heater – and in some properties there may also be heavy condensation.

Symptoms of CO poisoning include lethargy, nausea, headaches and losing consciousness, which can eventually lead to death.

All gas work must be carried out by a registered Gas Safe engineer – and landlords have a legal duty to obtain a Gas Safe certificate and check appliances annually. A CO detector should also be installed.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise landlords and public sector or private sector tenants on a wide range of housing matters – including landlord’s obligations under the Housing Act, disrepair of rented accommodation, Landlord and Tenant disputes, tenancy agreements and unlawful eviction.

There are Duncan Lewis offices nationwide – and our housing law solicitors can also advise on Local Authority housing and council’s obligation to re-house.

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

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