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Landlord fined for exposing tenants to risk of carbon monoxide poisoning (8 September 2014)

Date: 08/09/2014
Duncan Lewis, Personal Injury Solicitors, Landlord fined for exposing tenants to risk of carbon monoxide poisoning

The Health and Safety Executive (HSE) has successfully prosecuted a private landlord in Accrington, Lancashire, after he failed to have gas appliances inspected and potentially exposed rental tenants to the risk of carbon monoxide poisoning.

Tariq Ali of Knotwood Court in Accrington was repeatedly given the chance to update the Gas Safe record of a rental property he owned at Persia Street in Accrington, after the property’s Gas Safe record had expired in October 2012.

Landlords have a legal duty to have gas appliances in their rental properties checked by a Gas Safe registered engineer at least once a year and to hold a valid safety certificate. However, Ali failed to do this and potentially put his tenants at risk of carbon monoxide poisoning.

Ali had first come to the attention of the Gas Safe Register – which Gas Safe approved engineers must join – in 2011, after several pieces of equipment at rental properties he owned were found not to be maintained to the required standards under UK law. Several gas appliances at the properties he owned were classified as “at risk” or “immediately dangerous”.

In September 2013, Ali was given one month to organise a Gas Safe inspection of the property he rented out in Persia Street. However, he failed to meet the one-month deadline for this.

On Friday (04/09/14) at Trafford Magistrates’ Court, Tariq Ali pleaded guilty to one breach of the Gas Safety (Installation and Use) Regulations 1998 and one breach of the Health and Safety at Work Act 1974.

The charges relate to failing to have the gas appliances checked annually, and failing to comply with an improvement notice.

Ali was fined £40,000 and ordered to pay £18,054 in prosecution costs.

After the hearing, HSE Inspector Stuart Kitchingman said:

“Mr Ali put his tenants’ lives at risk for financial gain, by failing to arrange a gas safety check for nearly two years.

“We gave him several chances to organise an inspection, but he ignored all of these – including a formal improvement notice. We therefore had no choice but to take legal action.

“Dozens of people are killed or badly harmed every year from carbon monoxide poisoning, so it is vital that landlords take the risks seriously.

“We will continue to prosecute landlords who think the law doesn’t apply to them.”

Chief executive of Gas Safe Register, Russell Kramer, added:

“When it comes to rented property, it is important that landlords know their duties and tenants know their rights.

“A landlord must be able to provide a gas safety record for the property, showing that the gas appliances have been safety checked by a Gas Safe registered engineer in the last 12 months.

“Tenants can also sign up to a free reminder service at staygassafe.co.uk to make sure their landlord or managing agent is carrying out their duties of getting an annual gas safety check.”

Duncan Lewis Personal Injury Solicitors – Poisoning Claims

Duncan Lewis personal injury solicitors can advise on how to make no win no fee Poisoning Claims as a result of landlord negligence – or the negligence of another party such as a local authority, tour operator, heating engineer or employer.

Personal injury claimants usually have three years from the date of injury in which to make a no win no fee compensation claim – and children have three years from the age of 18 in which to claim.

Poisoning Claims can be made for carbon monoxide poisoning, as well as chlorine poisoning, chemical spills, hazardous fumes at work or in schools, public places or factories, or fumes from household equipment such as electrical wares or oil or gas heaters.

For expert legal advice on no win no fee Poisoning Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.


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