The Health and Safety Executive (HSE) has prosecuted an Oxfordshire landlord for failing to ensure the safety of gas appliances in rented accommodation.

On Monday (01/02/10) at Didcot Magistrates’ Court, Graham Barnes of Bicester Road in Kidlington, Oxfordshire pleaded guilty to contravening Regulations 36(3)(a) and 36(2) of the Gas Safety (Installation & Use) Regulations 1998 – including failing to ensure that  gas appliances at the property in Medlock Grove, Didcot had an annual safety check, which resulted in carbon monoxide leaking into the kitchen of the rental property.

Mr Barnes was fined a total of £8,000 and ordered to pay £1,957.70 in costs, with a £15 victim surcharge.

All landlords are subject to the provisions of the Health & Safety at Work etc Act 1974 – the court heard that Mr Barnes, 49, failed to arrange the annual safety check to be carried out on gas appliances and flues at the property and also failed to maintain gas appliances at the same property.

Despite being warned by a gas installer in February 2009 that there were defects in the appliances, he failed to address the problem, resulting in the gas boiler being condemned in June 2009.

After the hearing, HSE Inspector Dozie Azubike said the incident was ‘a clear case of a landlord ignoring his responsibilities and thereby putting people at risk’.

‘As a result of the boiler not being serviced, carbon monoxide leaked into the kitchen creating a very dangerous environment.

‘This was on top of a warning that the defendant had received from gas installer that there were defects in the appliances.’

More information about the duties of landlords regarding gas appliances can be found on the HSE’s website at http://www.hse.gov.uk/gas/domestic/faqlandlord.htm.

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