Landlord ignored repeated warnings to fulfill obligation to carry out safety check…
A landlord in Bradford has been prosecuted after he failed to produce a gas safety record for one of his properties in Heaton where a mother and young family resided despite several requests.
The man in question didn’t respond to several warnings from the Health and Safety Executive and Bradford Council to provide evidence that he had fulfilled his obligation to carry out an annual safety check of the gas appliances at the property.
Bradford Magistrates’ Court heard that the local council had attempted to contact the landlord on several occasions between November 2009 and April 2011 but after being repeatedly ignored they decided to take action. In addition to his failure to come up with a gas safety certificate the landlord had also not been able to provide the mother and her two young sons with hot water and heating for several months.
The local authority went ahead and replaced the faulty boiler at the tenant’s house while the HSE served an enforcement notice on the landlord setting a deadline of one month for the landlord to provide a gas safety certificate – when this deadline was not met, the HSE took the landlord to court.
The landlord denied the charge of breaching the Gas Safety (Installation & Use) Regulations 1998 and not complying with the HSE’s Improvement Notice but was found guilty on both counts. He was ordered to carry out 200 hours of community service over 12 months and had to pay £1,500 in prosecution costs.
HSE inspector Rachel Brittain spoke after the hearing:
“This type of offence is still regrettably far too prevalent among private landlords and, in this case, a woman and her two children were left without hot water and heating for long periods. Even today, the tenant’s gas fire is not working and she is using her own gas heater.
“Landlords have responsibilities to ensure that the gas appliances in their rented properties are properly maintained and that they are checked by a Gas Safe registered engineer every 12 months.
“Landlords who refuse to take this duty of care seriously place their tenants potentially at risk of injury or even death. HSE will not hesitate to prosecute those who choose to ignore their responsibilities in this way.”
Author: Julian Roberts
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