A landlord has been given a suspended sentence of twenty-six weeks and electronically tagged for four months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent.
The Landlord, 62, refused to undertake gas safety checks even after the Health and Safety Executive (HSE) took enforcement action against her.
The Landlord claimed to have no money for undertaking maintenance to the property, leaving the tenants with a very temperamental boiler that banged and often left the occupiers with no heating or hot water, as well as a condemned cooker for several years. However, an HSE investigation found that the landlord was receiving full rent from the tenant for the property when the enforcement action was taken.
Despite the Improvement Notice served on her to undertake gas safety checks, she ignored this and further requests from HSE. She also claimed the tenants had moved out and had not been paying rent. The investigation found this claim to be false.
On the 2nd of September 2024 at the Magistrates Court, the landlord, of the Holiday Park, pleaded guilty to three charges under Health and Safety at Work etc Act 1974 Section 21 and Gas Safety (Installation & Use) 1998 36(2) and 36(3) and was sentenced to imprisonment of 26 weeks, suspended for a period of 12 months. The District Judge also imposed an electronically monitored curfew on the landlord at her address for a period of 4 months with the curfew hours of 20:00-06:00 and awarded HSE £750 in costs. Additionally, the judge made a remediation order pursuant to section 42 of the 1974, for the landlord to undertake the gas safety inspection required of her by the 6th of December 2024.
The Prosecution was brought by HSE Enforcement Lawyer, assisted by her paralegal.
Speaking after the hearing, HSE Inspector she said: “We are dedicated to ensuring that landlords operate within the law and provide safe accommodation for tenants.”
“We do not tolerate disregard for health and safety and consider the non-compliance of HSE enforcement notices as a serious offence.
“In this case, chose to flagrantly ignore the support, guidance and warnings from HSE to assist her in compliance with the law and continued placing her tenants at serious risk of injury or even death.
“Wherever possible we will continue to work with landlords to improve health and safety. However, we will not hesitate to take enforcement action where necessary and prosecute individuals who ignore warnings and the law.”
Do you know that, as a landlord, you must use the services of a competent gas engineer? Have you checked their RAMS and qualifications? Are they compliant?
MBO Safety Services can assist by completing bespoke gas risk assessments and method statements to ensure compliance with Regulations.
For more information, please get in touch with our friendly office team by email or phone at info@mbo.ltd and or 01691 688723
SOURCE HSE