Landlords Warned Not To Cut Back On Safety Checks

The Health and Safety Executive (HSE) has again warned all landlords to ensure gas appliances are safe for tenants following the successful prosecution of a landlady who failed to ensure the safety of gas appliances in one of her properties.

Aruna Pravin Kukadia pleaded guilty on 15 December to a breach of Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998. She was fined 5,000 pounds with 3,719 pound costs.

Health and Safety inspector Andrew Verrall-Withers, said: "I hope this case sends out a clear message to landlords who may be tempted to cut back on safety checks thinking that nothing will be done unless someone is harmed.

"We need landlords to make sure their gas appliances are maintained to a safe standard and an annual check must be carried out and recorded.

This is a time when many buy to let landlords are under a lot of pressure, but they must make sure they don't cut back on maintenance costs and put their tenants in danger."

On this occasion the HSE received a complaint about an incident in February 2006 involving a property owned by Kukadia in Portinscale Road, Wandsworth.

The complaint involved a heating system that was believed to be causing carbon monoxide leaks.

The HSE investigation showed that there was insufficient evidence for this, but a series of letters was sent to the defendant by the HSE to obtain the annual safety check records, which are required to be carried out and retained by any landlord who is renting out a property which has gas appliances.

The records that were obtained from the defendant and the residents showed there were two gaps when the flat had been occupied in 2002/3 and 2005/6 and no annual landlord check had been produced.

The court heard that Kukadia had rented out 23 London properties and a series of other similar failures had occurred. It also heard that she had been provided with previous advice from the HSE in 2004, including letters and a leaflet clearly advising on the safety checks she had later failed to carry out.

On that occasion the HSE eventually used an Improvement Notice to ensure one of her properties was checked.

* Newham Council has prosecuted a private landlord who illegally evicted tenants from their homes in Romford Road, Forest Gate following a fire.

Faruk Ahmed, of South Park Crescent, Ilford was prosecuted by Stratford Magistrates' Court on Thursday, December 11 after he ignored warnings from the council to find tenants alternative accommodation or evict them by giving proper legal notice.

Ahmed and his company Open Door Property Management Limited were found guilty of committing offences under the Prevention from Eviction Act 1977. He was fined 1,000 pounds and ordered to pay 1,250 pounds towards the court costs.

Executive member for housing, process and business efficiency, Councillor Andrew Baikie, said: "This prosecution demonstrates that the council will continue to take strong action against rogue landlords where they fail to meet their obligations as a responsible landlord.

"Although many private landlords provide a good quality service to their tenants, there is a minority who believe that they are above the law and can evict tenants without taking the required steps.

"The council will take robust enforcement action and prosecute where possible when we become aware of landlords committing offences."