Gas Servicing: Landlords be warned

Recently, the Health and Safety Executive (HSE) successfully prosecuted a private landlord for failure to provide a gas safety certificate, following a complaint by one of his tenants and her partner.

Mr Hussain was prosecuted after it was found that the boiler at the property in question, having broken down 9 months previously, was only replaced in October 2011. Mr Hussain had no gas safety certificate for the gas appliances in the property until October 2011, despite the HSE issuing him with an improvement notice in March 2011, requiring a certificate by 6 May 2011.

The Magistrates Court was also told that when the new boiler was installed, the attending gas engineer condemned the cooker in the property as dangerous.

Mr Hussain pleaded guilty to breaching both the Health and Safety at Work etc Act 1974 and the Gas Safety (Installation and Use) Regulations 1998 as above. He was ordered to pay a fine of 2,000 and costs of 3,000.

Commenting on the case, the HSE said:

"Landlords must ensure all gas appliances are checked for safety at least once a year and provide a gas safety certificate for the property to show tenants that this has been done SE will not hesitate to prosecute landlords who fail in their duty of care to tenants in this way. Gas safety checks are an essential obligation for landlords and must be taken seriously. Failure to do so can lead to serious health and safety issues and serious financial consequences as this case demonstrates. If you have any queries as to your obligations as a Landlord, please contact the specialist Property Disputes team on hand."

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