RLA : RPI : Landlord and agent pay for safety lapses

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Landlord and agent pay for safety lapses - April / May 2004

A landlord and his agent have been fined £13,000 for failing to ensure a gas boiler was tested, potentially putting the lives of a mother and her five young children at risk.

Landlord Eric Lakin and agent Geoff Gascoigne, both of Stoke-on-Trent, pleaded guilty at Newcastle Magistrates Court for failing to ensure the check was carried out, not having any record of a gas safety check, not providing the tenant with a relevant certificate, and failing to supply details about themselves to the Health and Safety Executive. Gascoigne also pleaded guilty to a fifth charge - of failing to carrying out work after an improvement notice was served.

Magistrates fined Lakin £2,000 and ordered him to pay £1,000 costs. Gascoigne was fined £8,000 plus £2,000 costs.

The court was told that a new boiler had been fitted when the tenant moved into the house in 2001 but that Lakin and Gascoigne failed to ensure the appliance was tested every 12 months, as required by law.

The tenant became increasingly concerned that she had not received a gas safety certificate so called out Transco in March last year. The company disconnected the boiler.

Simon Bellfield, prosecuting on behalf of the Health and Safety Executive, said there was no evidence that the appliance was unsafe but that, if it were so, there would have been no way of checking it. Dave James, defending, said that Lakin was 'in the dark' and relied on Gascoigne to undertake any necessary tests. He added that Gascoigne had experienced problems in gaining voluntary entrance to the property but agreed that he had a right to gain access under the tenancy agreement, which he had not exercised.

other artilces from the April / May 2004 issue

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