RLA : RPI : 'Reasonable steps' absolve blame

News from the Residential Property Investor, the bi-monthly magazine for RLA members

other artilces from the June / July 2001 issue

'Reasonable steps' absolve blame - June / July 2001

By taking 'all reasonable steps' to have gas equipment serviced, a Birmingham letting agency had exonerated itself from blame for the carbon monoxide poisoning of four tenants.

This was the verdict of district judge David Parsons after hearing the case against the Midland Letting Centre. The case against the letting agent was that it had been negligent under the Health and Safety at Work Act by failing to 'maintain a gas boiler at a property'.

That the landlord of the property had delegated responsibility for upkeep of the boiler to the Midland Letting Centre was not disputed. Nor was the poor state of the boiler which had resulted in one woman collapsing and three others also having to spend a night in hospital after it was diagnosed they were all suffering from carbon monoxide poisoning.

James Puzey, prosecuting, told the court be believed the agency had made 'insufficient attempts' to contact the tenant in order to assess the boiler, which it had identified as being 'in need of a service'. But the judge did not share this view.

It was clear attempts had been made to contact the tenants and that the tenants had not acted as quickly as they should have.The matter, which had resulted in 'fairly catastrophic consequences' should have been dealt with immediately, he said. 'Reasonable steps' absolve blame Where tenant must act as tax agent Guidance notes have been published by the Inland Revenue for letting agents and tenants covering The non-resident landlords scheme.

The scheme requires letting agents (or, where there is no agent, tenants paying in excess of £100 a week) to deduct tax from the rental income of landlords whose usual place of residence is outside the UK.

other artilces from the June / July 2001 issue