The Safety of Gas Appliances - Landlady Prosecuted

The Health and Safety Executive (HSE) has issued a warning to landlords to make sure that gas appliances are maintained in a safe condition.

The call came following the successful prosecution of a landlady who had failed to ensure the safety of gas appliances in one of her properties. Aruna Pravin Kukadia pleaded guilty to a breach of Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998. The Regulations set out the requirements for landlords to inspect and service gas installations on an annual basis. Mrs Kukadia was fined £5,000 with costs of £3,719.

Regulation 36(3) imposes a duty to ensure that each gas appliance and flue is checked for safety within twelve months of being installed and at intervals of not more than twelve months since the last safety check was carried out.

In addition, landlords must keep a record to show that the inspection has been made and retain this for a period of two years. There are specific requirements laid down in the Regulations regarding the information that must be provided in this written record. This includes the registration number of the individual carrying out the inspection or of that person’s employer. Registration must be with a body approved by the HSE for the purposes of the Regulations.

Health and Safety inspector Andrew Verrall-Withers said, “I hope this case sends a clear message to landlords who may be tempted to cut back on safety checks thinking that nothing will be done unless someone is harmed.”

Further information can be found in the HSE guidance booklet, ‘A Guide to Landlords’ Duties: Gas Safety (Installation and Use) Regulations 1998’.