Regulatory - Landlord Convicted for Gas Safety Offence

Landlord Convicted for Gas Safety Offence

Feb 13, 2017

A Landlord has been sentenced to a suspended prison sentence by Preston Magistrates Court after being convicted of failing to ensure gas appliances in one of her properties were checked for safety.

The Court heard that following a concern received from Preston City Council about the gas appliances in a residential property in Fulwood, the Health and Safety Executive (HSE) contacted the landlord, Mrs Pritpall Kaur Singh, 44, to establish whether she was complying with her legal duties as a landlord to ensure annual gas safety checks were carried out.

The Landlord failed to co-operate with HSE and failed to produce a Landlord Gas Safe Record to demonstrate that these checks had been undertaken correctly.

The HSE issued an Improvement Notice to the Landlord for non-provision of a gas safety record for the gas appliances in her property, but then did not comply with that notice.

The HSE subsequently issued criminal proceedings resulting in Mrs Pritpall Kaur Singh pleading guilty to breaching section 33(1)(g) of the Health and Safety at Work Act 1974 and to one breach of the Gas Safety (Installation and Use) Regulations 1998 (36 (3). She was sentenced to a 26 week prison sentence, suspended for 12 months and was ordered to pay £1,000.00 costs.

The case highlights the importance of complying with the Gas Safety (Installation and Use) Regulations, including the need to have a gas safety certificate. Landlords are legally responsible for the safety of tenants in relation to gas safety. By law Landlords must:

  • Repair and maintain gas pipework, flues and appliances in safe condition
  • Ensure an annual gas safety check on each appliance and flue
  • Keep a record of each safety check

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