Health and Safety Failings – Landlord prosecuted for Gas Safe Register fraud

Landlord prosecuted for Gas Safe Register fraud

Key Facts: 

• An HSE investigation was launched after landlord breached gas safety legislation.
• The landlord was carrying out the annual gas safety checks at his properties himself, and filling out documentation with a fake Gas Safe Register number.
• He was fined £12,000 and costs of £418.

The Case:

An HSE investigation was launched after a Devon landlord failed to comply with Gas Safe regulations.

The landlord bypassed legislation by carrying out the annual statutory gas safety checks at his properties himself, despite not being on the Gas Safe register. He also fraudulently filled out landlord’s gas safety documents by using a fake Gas Safe Register number.

This was taking place at six properties controlled by the landlord, putting residents lives in danger.

The case was heard at Torquay Magistrates’ Court on 19 March 2015, where the landlord pleaded guilty to four breaches of gas safety legislation. Subsequently he was fined £12,000 and costs of £418.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Simon Jones stated that:

“Mr Williams should never have carried out any gas safety checks as he was neither competent nor registered to do so. He then compounded these offences by fraudulently filling out gas safety documents. 

Landlords must ensure checks are carried out by registered Gas Safe engineers who are independent and competent to do the work. 

Such checks are vital to protect tenants from death or injury caused by potentially dangerous gas appliances.” 

What the law states:

Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998 states:

No employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless the employer or self-employed person, as the case may be, is a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of this paragraph.

Regulation 3(7) of the Gas Safety (Installation and Use) Regulations 1998 states:

No person shall falsely pretend to be a member of a class of persons required to be approved under paragraph (3) above.

Regulation 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998 states:

Without prejudice to the generality of paragraph (2) above, a landlord shall ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not).

Regulation 36(4) of the Gas Safety (Installation and Use) Regulations 1998 states:

Every landlord shall ensure that any work in relation to a relevant gas fitting or any check of a gas appliance or flue carried out pursuant to paragraphs (2) or (3) above is carried out by, or by an employee of, a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of regulation 3(3) of these Regulations.

What Gas Safe had to say:

Chief Executive at Gas Safe, Russell Kramer, said:

“Landlords have a responsibility to make sure their tenants are safe when it comes to gas. In addition, tenants have a right to make sure their landlord gets all their gas appliances safety checked by a registered gas engineer every year. 

Tenants and landlords can check that the gas engineer carrying out the work is registered by checking their Gas Safe ID card. Always ask to see this card and check their unique licence number with Gas Safe Register before letting them work on your gas appliances.” 

 

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