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ADDED 05/02/10

Landlord put tenants' lives at risk by ignoring gas defects warning

 


A landlord put his tenants’ lives at risk by allowing carbon monoxide from a kitchen boiler to leak into his rental property even though he had been warned there were defects by a gas installer.

Graham Barnes, aged 49, from Bicester Road in Kidlington, Oxfordshire, has now been prosecuted for failing to ensure gas appliances in his property were safe and fit for purpose.

The Health and Safety Executive (HSE) brought the prosecution against him after he failed to have gas appliances at the Didcot property safety checked.

Didcot Magistrates Court heard that between January 2009 and July 2009 Barnes failed to arrange the annual safety check to be carried out on gas appliances and flues at a private residential property he owned and rented out; and also failed to maintain gas appliances at the same property.

He was fined a total of £8,000 and ordered to pay £1,957.70 in costs, plus a£15.00 victim surcharge.

All landlords are subject to the provisions of the Health & Safety at Work etc Act 1974 and Barnes was charged with contravening Regulations 36(3) (a) and 36(2) of the Gas Safety (Installation & Use) Regulations 1998.

Despite being warned by a gas installer on 11 February 2009 there were defects in the appliances, he failed to address the problem and the gas boiler was condemned on 09 June 2009.

Barnes pleaded guilty to not ensuring gas appliances at the property in Medlock Grove, had an annual safety check, resulting in leaked carbon monoxide into the kitchen.

After the hearing, HSE Inspector Dozie Azubike said: “This is 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.”


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