February 21, 2012

Landlord prosecuted for placing tenants at risk

The Health and Safety Executive (HSE) has recently prosecuted a residential landlord who failed to adequately maintain a boiler in a let property over a two year period, therefore putting tenants at risk of carbon monoxide poisoning.

Dr Mahmood (landlord) had failed to comply with legislation that requires landlords to have boilers in let properties safety checked once a year.

In carrying out safety checks on boilers, landlords are legally required to use a suitably qualified Gas Safe registered engineer. Further,  landlords should provide tenants with a copy of the safety certificate produced, or where this has not been provided, tenants are able to request a copy.

Dr Mahmood pleaded guilty to regulations 36(2)(a), 36(2)(b) and two counts of 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998. For his failings Dr Mahmood received a two year Conditional Discharge and was ordered to pay costs of £4,928.

This case acts as a stark reminder for landlords of the dangers - to both them and their tenants - of failing to comply with the relevant legislation governing landlords and tenants.

Holmes & Hills Solicitors have a Landlord & Tenant Law specialist providing legal advice to landlords based across Essex and Suffolk.

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