Section: Health & Safety

The Cost of Cutting Corners with Gas Safety

The Health and Safety Executive (HSE) issued a warning to landlords about cutting corners with gas boilers after magistrates ordered an Essex man to pay £20,000 in fines and court costs.

Former landlord Adrian Ellis admitted five breaches of the Gas Safety (Installation & Use) Regulations 1998 when he appeared at Colchester Magistrates' Court.

Magistrates fined Mr Ellis a total of £11,300 with court costs of £8,700. Mr Ellis was ordered to pay the total sum of £20,000 within 56 days or he would face a 12-month prison sentence.

The five charges against him relate to breaches of the Gas Safety (Installation & Use) Regulations 1998. These were:

£2,500 fine for carrying out work on a gas boiler without being competent to do so, breaching Regulation 3(1).
£2,000 fine for the same offence at a different property, likewise breaching Regulation 3(1).
£3,300 fine for neglecting to ensure a gas boiler was maintained in a safe condition, breaching Regulation 36(2)(a). The boiler was condemned by a HSE specialist.
£2,000 fine for failing to ensure a record of any safety check in respect of a gas boiler was made and retained, breaching Regulation 36(3)(c).
£1,000 fine for neglecting to ensure a copy of a safety check record was given to a tenant, breaching Regulation 36(6)(a).

HSE inspector Matthew Tackling said:

"People needlessly die each year from carbon monoxide poisoning due to a lack of effective maintenance of gas appliances. Annual safety checks must be carried out by a competent and registered gas engineer. Landlord Gas Safety Records should be received, checked and kept for a minimum of 2 years. Tenants must also be provided with a copy.
"It is illegal for an unregistered person to carry out work on a gas appliance. When unqualified landlords try to cut corners in this way they are not only putting themselves at risk of prosecution and a large fine, they are also putting their tenants' lives at risk. Working with gas appliances is a difficult, specialised and potentially dangerous job and only fully qualified engineers should attempt it.
"The HSE will not hesitate to prosecute landlords who fail to take their responsibilities for safety to their tenants seriously and to follow up on those who fail to co-operate with any investigation or fail to appear in court."

Associations to Note Change to the Gas Safety Law

The Tenant Services Authority (TSA) has asked housing associations to note a major change in gas safety.

The change, which came into effect on 1 April 2009, now means that all gas engineers must be on the new Gas Safe Register to lawfully carry out gas work. The Gas Safe Register replaces the CORGI gas registration which ended in Great Britain and Isle of Man on 31 March and no longer applies to gas safety law.

Gas safe logo housing associations are being asked to take this into account when selecting engineers to carry out gas safety checks or work on the homes they manage.

All Gas Safe Registered engineers have an ID card complete with unique licence number and photograph, which tenants can check before allowing an engineer to enter their home. If a tenant is any doubt, the engineer's licence number can easily be checked on the website - www.GasSafeRegister.co.uk, or by calling 0800 408 5500.

Associations are also reminded to make sure they supply tenants with a copy of the safety check within 28 days of it being carried out or before a tenant move in.

Section: Health & Safety

The Cost of Cutting Corners with Gas Safety

Associations to Note Change to the Gas Safety Law

Legal Update

Reporting on Feb-Apr 2009

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