Gas Safety breaches

Rent to rent lets may seen like a good idea with the promise of guaranteed rent, but it is very easy for breaches to occur under on of the many regulations that are in place to protect the landlord, tenant and the property.

Burghill Farms, a partnership trading as Dalhousie Estates, rented a property to Mr Piers Le Chaeminant. In this article we will refer to the Burghill Farms as the “Superior Landlord” and Mr Piers Le Cheminant as the “Landlord.” The Superior Landlord rented a property to the Landlord who, in turn, rented the property to a family.

The property had portable gas heaters. Neither the Superior Landlord nor the Landlord could provide evidence to confirm that the heaters had been maintained in a safe condition which, in the context of moveable gas appliances, means maintaining an appropriate operating environment. This was a breach of The Gas Safety (Installation and Use) Regulations 1998 as well as the Health and Safety at Work etc. Act 1974. A guest of the family took a bath but was found to have collapsed in the bathroom and later died. Their death was confirmed as carbon monoxide poisoning.

The Superior Landlord was found to be in breach of the following regulation.

The Gas Safety (Installation and Use) Regulations 1998 – Section 36 (2)(a) – Duties of a landlord – Every landlord shall ensure that there is maintained in a safe condition, any relevant gas fitting. The gas regulations apply to any appliance that burns gaseous at 15 degrees, including bottled gas.

Health and Safety at Work etc. Act 1974. – Section 33 (1)(c) – Offences – It is an offence for a person to contravene any health and safety regulations . or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations)

The Landlord who rented the property to the family was found to be in breach of the following regulations:

The Gas Safety (Installation and Use) Regulations 1998 Section 35 – Duties of employers and self employed persons – it shall be the duty of every employer or self-employed person to ensure that any gas appliance, installation pipework or flue installed at any place of work under his control is maintained in a safe condition so as to prevent risk of injury to any person.

Health and Safety at Work etc. Act 1974. – Section 33 (1)(c) – Offences – It is an offence for a person to contravene any health and safety regulations or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations).

Both parties admitted to breaching the regulations by not maintaining the portable gas heaters that were supplied. The Superior Landlord was fined £120,000 (as the main obligation to have the annual gas safety check done rested with the Superior Landlord), and the Landlord was fined £2,000.