Landlord's negligence punished by the courts

The onus of responsibility that falls on a landlord’s head was demonstrated at Westminster Magistrates Court earlier this week when a landlord received a suspended jail sentence because of his ignorance over his legal responsibilities.

For anyone entering the letting industry and thinking there is little more to the profession than buying a property, organising landlord insurance and then finding a tenant, the experience of Stephen Clayden, Gail Calvert and her daughter should act as a stern reminder that things are not that simple. The couple who lived in a ground floor flat in Catford suffered from the effects of carbon monoxide poisoning after their landlord failed to properly maintain a gas boiler in their home. The couple and child had to stay in hospital overnight but things would have been a lot more serious if hadn’t been for the fact that people in the flat above them had a carbon monoxide alarm.

In fact the faulty gas boiler led to the whole block of flats being evacuated and Southern Gas Network had to disconnect the supply to the building. Finding the landlord guilty of neglecting his legal duty of care to maintain the appliance and ensure it had an annual check with a Gas Safe registered engineer, the court gave the landlord a fine of over £8,000, 200 hours community service and a suspended two year prison sentence.

Kevin Shorten, an inspector with the Health and Safety Executive, said “As a landlord, he is legally responsible for the safety of his tenants in relation to gas checks, and in failing to properly maintain the boiler he placed them, and others, in grave danger. I hope today’s prosecution sends a clear message to all landlords that they mustn’t shirk or ignore their responsibilities because the consequences can be devastating.”

It is a sad fact that around 20 people lose their life each year in the UK because of carbon monoxide poisoning down to faulty fitting of gas appliances, and residential landlords should always ensure they abide with all health and safety requirements as a priority.