Landlord faces £40,000 fine over lethal gas fire

The Health and Safety Executive (HSE) is warning about potentially unsafe gas installations. The warning follows the prosecution of Shahid Hussain, who manages a family business that owns and rents out a number of properties in Burton-on-Trent.

HSE started an investigation into the management of gas appliances in those rented properties after a single man, who lived alone, died from carbon monoxide poisoning in his rented flat in February 2006.

Hussain was fined £40,000 and ordered to pay £44,500 costs by Stafford Crown Court in February 2009. He must pay the fine by 31 January 2010 or face a prison sentence of 18 months.

He had pleaded guilty to a charge of breaching Section 3(2) of the Health and Safety at Work etc Act 1974 and failing to maintain appliances or to keep a record of safety checks in a number of properties.

Christia Killen, HSE investigating inspector said, ‘Carbon monoxide is a killer. You can’t see it, taste it or smell it. On average 20 people are killed every year because of faulty gas appliances.

‘The landlord had chosen to ignore the need for safety checks and the provision of gas safety certificates. His continued failure to manage the gas appliances in his properties put at least 18 tenants at risk from both carbon monoxide poisoning and a gas explosion.

‘I urge landlords everywhere, if they have not already done so, to contact a registered gas fitter to make sure their gas appliances are safe.’

The Health and Safety at Work Act 1974 and Gas Safety (Installation and Use) Regulations 1998 apply to all domestic, residential and sleeping accommodation. All serviced and self-catering accommodation providers have duties as a landlord and/or as an employer under these regulations.

If you are a self-catering provider you should be particularly aware as there are many proven complaints from guests about of the safety of gas appliances in such premises. If you use an agent to manage your properties, ensure that the management contract specifies who is responsible for the maintenance of gas appliances and for keeping records to indicate when this maintenance has been carried out. Also check agreements with purely marketing and booking agencies, who may insert a clause committing owners to ensuring their properties comply with the gas safety requirements.

Providers of all types of accommodation can find guidance on their liabilities under this legislation in the Product Safety and the Health and Safety at Work Act sections.