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| Legal updates | Landlords must have robust gas safety procedures
Landlords must have robust gas safety procedures
09 June 2008
Over recent months there have been a number of high profile cases which have been reported about gas incidents in properties owned or managed by housing landlords.
In February 2008 it was reported that there was an explosion in a block of flats in North West London resulting in a man being air lifted to hospital with serious injuries and a number of people being evacuated from the damaged four storey building.
In April 2008 it was the death of a leaseholder thought to be due to carbon monoxide poisoning that was reported on the front page of Inside Housing.
Whilst at this stage there is nothing to suggest either landlord failed in any way it did attract the wrong type of publicity for each organisation. The Health and Safety Executive (HSE) reported in 2006/2007 there were:
- 25 explosions or fires caused by the supply and/or use of gas
- 123 cases of exposure to carbon monoxide
During the same period 10 people died.
Whilst the HSE website does not break down the type of landlord all will agree these were unnecessary incidents that should have been avoided.
It is crucial housing landlords have robust policies and procedures in place to ensure an effective annual gas safety check is carried out in a timely manner by a competent person. Failings in year one are continued into year two.
With the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 a new offence of Corporate Manslaughter was introduced. Any housing provider which fails to take responsibility for health and safety matters seriously can be prosecuted in the event of a death and will face:
- An unlimited fine
- A publicity order
- A remedial order
It is worth noting that the publicity order is drafted by the Judge and it is the Judge that will direct to whom it should be sent. Rest assured it will be sent to:
- All stakeholders
- All tenants and leaseholders
- The Housing Corporation
- Your local authorities
The answer is simple. Have in place an effective policy. Check your policy now. Review it if need be.
Do not be afraid to use your tenancy agreement. It is there to regulate the relationship between you and your tenant. If you are obstructed consider:
- Injunctions
- Possession proceedings even if you seek an order to be postponed.
Whilst cost is critical to all organisations do not let the cost of court issue fees stop you proceeding in cases of obstruction.
And finally, insist your policy identifies a director and/or a champion at board level to oversee health and safety within the organisation and in particular in respect of gas safety.
Are any of the issues in this article giving you a headache? If so, we want to know
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Yetunde Dania
Partner
T: 08700 86 4077
I: +44 (0)121 625 4077
E: yetunde.dania@shoosmiths.co.uk