Deanna Levine is the author of The Lettings Market and Gas Safety, published by Cissanell Promotions. For further information and to find out how to buy the book from a secure server, visit the specially designed website at www.thelettingsmarket.com Alternatively, you can order the book from Central Books Ltd by phoning them on 020 8986 5488 or writing to them direct at 99 Wallis Road, London E9 5LN, enclosing cheque for £12.99 + £1 packing and postage. The book is predominantly intended for landlords, their agents and advisers, but tenants will also find it useful, as it lets them know what their landlords should be doing for their protection.

The following article is based on the book.

Illness, death and destruction

It is reckoned that around 30 people die every year from carbon monoxide poisoning. Gas leaks and explosions are attributable to poorly maintained gas appliances, fittings and flues. Houses and flats can be damaged or totally destroyed as a result.

Recent newspaper reports have carried front page headlines of the deaths and serious injury caused to tenants living in flats. These were attributable to carbon monoxide poisoning and caused by the failure of their respective landlords to arrange for the annual gas safety check that landlords should carry out in accordance with their duties under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998.

In one case, two tenants died when their landlords failed to organise the annual gas safety check at the correct time. They had somehow managed to let 18 months pass by without arranging for the gas safety check. The result - two unnecessary and tragic deaths.

In another case a private landlord had purchased a flat and put two tenants in without arranging for a gas safety check to be carried out prior to their moving in (as he was under a legal duty to do). Within three weeks one of the tenants died of carbon monoxide poisoning and the other almost died, and although miraculously escaping death, he was very seriously injured.

Gas safety regulations

By law certain things have to be done. The government passed the gas safety regulations in order to ensure that people living in tenanted accommodation are protected from such dangers. For example, once a year the landlord must by law arrange for a gas safety check and carry out any repairs found to be necessary. It is illegal for the landlord to ask the tenant to arrange for this. Only a CORGI registered gas engineer is allowed to carry out the check. A copy of the gas safety record - which is the form detailing the results of the check - should be provided to both landlord and tenant.

Criminal offence and prosecution

By law, if the landlord/letting agents forget to arrange for the gas safety check to be carried out or an accident happens, the gas safety regulations make it a criminal offence to use or allow the use of gas appliances, fittings and flues which are unsafe or known to be unsafe. The result could be imprisonment and a hefty fine.
The following persons may be prosecuted: an individual, partners, a limited company,
a director, manager, secretary or similar officer of the limited company.

Senior management in a limited company could be personally prosecuted. Where landlord/letting agents are a limited company, a director could even be disqualified from being a director because of his inability to manage its affairs safely.

Managing agents

If the landlord has managing agents and it has been agreed that they will arrange for the gas safety check, the agents could themselves be prosecuted independently of the landlord under regulation 36, pursuant to section 36(1) of the 1974 Act.

Tighter enforcement by Health and Safety Executive

The Health and Safety Executive recently recommended that there should be greater enforcement of landlords' legal duties under the gas safety regulations. This means that there are likely to be more prosecutions of landlords who are failing in their legal duties for gas safety. They also recommended greater publicity about these duties and want to see more guidance developed for landlords.

Deanna Levine is a Scottish and English solicitor who has worked in the Legal Departments of Shell, Mobil and British Gas. She holds a part-time judicial appointment and manages a property company. She is currently Consultant Solicitor to BAC Law, Solicitors, Hammersmith, London W6.

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