Lincolnshire landlords Newsletter Issue 22 - Gas safety failings - recent court cases
A London landlord was recently given an eight week suspended sentence for gas safety failings as he failed to have a gas boiler checked for safety by a suitably qualified engineer and obtain the necessary safety certificate from the Gas Safe Register.
The tenant of the property raised concerns about a carbon monoxide leak and the National Grid switched off the gas supply. The tenant then made a complaint to the Health and Safety Executive (HSE).
Duran Akbulut pleaded guilty to breaching Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998 and was given an eight week prison sentence, suspended for 12 months, was ordered to pay £80 victim surcharge and contribute £300 in costs to HSE.
HSE inspector, Neil Fry said: “It is the duty of landlords to ensure gas safety checks are carried out to protect tenants from the fatal risk of carbon monoxide poisoning.”
http://press.hse.gov.uk/2016/landlord-sentenced-for-gas-safety-failings/?ebul=hsegen&cr=4/21-mar-16
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In another case, a plumber arranged for fraudulent gas safety checks at landlords’ tenanted properties leaving a gas boiler in a dangerous state and putting the lives of the tenants at risk. No checks were made to ensure the plumber was registered legally to undertake such work and a false Gas Safe Register registration number was used
One gas boiler that was passed as safe was subsequently found to be ‘Immediately Dangerous’ and was potentially leaking poisonous carbon monoxide into the tenants’ property. The tenants had been suffering from headaches and dizziness and contacted Wales and West Utilities who isolated the gas supply to the boiler and contacted the Health and Safety Executive (HSE) who investigated.
The defendant, Gary Lynch, pleaded guilty to breaching Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(2) of the Health and Safety at Work etc Act 1974 and was sentenced to 12 months imprisonment for each offence suspended for 18 months and was ordered to pay £2,000 in costs.
HSE Inspector Simon Jones, speaking after the hearing, said: “Gary Lynch’s negligence could have cost lives. All landlord’s gas safety checks must be done by registered Gas Safe engineers to ensure the highest standards are met to prevent injury and loss of life. Mr Lynch knew this but carried on instructing an unregistered man and put the lives of tenants at serious risk from deadly carbon monoxide poisoning.
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In a third case, an unregistered gas fitter has been sentenced for illegally installing a gas boiler and undertaking landlord’s gas safety checks at a tenanted property. The boiler he installed was later classed as dangerous.
Christian Winter trading as CJS Winter Plumbing & Heating Services of Devon installed the gas boiler at the tenanted property and then undertook landlord’s gas safety checks despite him having no competencies in gas-work or being registered with Gas Safe Register for any gas-work.
Further he then deceived the landlord of the property by using a fictitious Gas Safe Register registration number on the landlord’s gas safety records he produced.
Exeter Crown Court heard Mr Winter’s illegal gaswork came to light when the boiler he had installed and which he then passed as safe over the next three years was inspected by a properly registered member of Gas Safe. The gas engineer found a number of faults on the gas installation and classed the gaswork as dangerous.
Mr Winter pleaded guilty to breaching Regulation 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(2) of the Health and Safety at Work etc Act 1974 and was given a suspended prison sentence of 12 months; ordered to undertake 200 hours unpaid work and to pay £3,327.80 costs.
HSE Inspector Simon Jones, speaking after the hearing, said: “Only engineers registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of Mr Winter’s illegal and dangerous gaswork.
“He compounded his illegal work by fraudulently using false Gas Safe Register details on his paperwork and then lied to a landlord when he was challenged about this in a clear attempt to deceive the landlord and tenant.
“The landlord relied on the honesty of Mr Winter but by deceiving her he put the lives of her tenants at risk for his own financial gain.”
