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Rogue plumber given suspended sentence for endangering tenants’ lives (15 December 2014)

Date: 15/12/2014
Duncan Lewis, Legal News Solicitors, Rogue plumber given suspended sentence for endangering tenants’ lives

A plumber has been prosecuted after work he carried out at a rented property endangered the lives of tenants.

County Durham plumber Keith Downie told landlords that he was Gas Safe registered – and went on to supply gas safety records to the landlords of at least three properties in the Darlington area between February and May 2012.

A member of the public tipped off the Health and Safety Executive (HSE), however – and an investigation into Downie’s activities was launched.

All landlords – both private landlords and social housing landlords – have a legal duty to ensure safety checks are carried out on gas appliances within their properties to protect rental tenants. Health and safety regulations stipulate that all works involving gas must be carried out by a Gas Safe engineer.

The HSE’s investigation confirmed that Downie had provided the landlords with gas safety records for three separate properties in the town – all three documents stated that the safety checks had been carried out, but the records were found to be fraudulent.

Downie had told the landlords he was Gas Safe registered –and in two instances he even claimed to be the engineer that had carried out the previous year’s checks.

However, Darlington Magistrates’ Court heard Downie had never been Gas Safe registered and was not competent to carry out the work.

On Tuesday, 9 December, 51-year-old Keith Downie of The Firs in Darlington pleaded guilty to six breaches of the Health and Safety at Work etc Act 1974 – three breaches each of Section 3(2) and Section 33(1)(m).

Darlington Magistrates’ Court sentenced Downie to 16 weeks in prison, suspended for 12 months – and ordered him to carry out 200 hours of unpaid work and pay £500 in costs.

After the hearing, HSE Inspector Jonathan Wills said:

“Mr Downie displayed a deliberate and reckless approach to the law by putting the tenants of these three properties at risk, with a view to profiting financially.

“Having deceived the landlords into thinking he was Gas Safe registered, he then provided them with documents to show the appliances were safe – even though he was not competent to carry out such checks.

“This case should act as a reminder that HSE will prosecute those who flout the law in such a way, putting the lives of members of the public in danger.”

Duncan Lewis Housing Solicitors

Duncan Lewis is a leading firm of housing solicitors able to advise landlords on their obligations to tenants under housing law – including disrepair and Gas Safe obligations. Duncan Lewis can also advise landlords on disputes with rental tenants.

Duncan Lewis housing solicitors can also advise rental tenants on a wide range of housing matters, including:

• Disrepair of rented property
• Housing Benefit
• Housing possession
• Landlord & Tenant disputes
• Local Authority disputes
• Unlawful eviction.

Duncan Lewis is a leading firm of Legal Aid Solicitors.

For expert legal advice on housing law and Landlord & Tenant disputes involving rented property, call Duncan Lewis housing solicitors on 020 7923 4020.

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