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Landlord convicted of repeated gas inspection failure

A Nuneaton landlord has been given a suspended six-month prison sentence for repeatedly failing to carry out annual gas inspections on one of his properties.

Steven James Boote, of Rock Close, Galley Common, Nuneaton, was found guilty of breaching Regulation 33(1)(g) of the Health and Safety at Work etc Act 1974 and Regulation 36(3) of the Gas Safety (Installation and use) Regulations 1998. He was sentenced to six months in prison, suspended for a year, and 200 hours' community service, and was ordered to pay £30,000 in costs.

Coventry Magistrates' Court heard how in October 2009 the Health and Safety Executive (HSE) discovered that Mr Boote had failed to carry out annual gas safety checks since 2005 at a property he owned on Rothesay Avenue, Tile Hill, Coventry. This meant he did not provide a legally required gas safety certificate for the property.

The court heard the tenant had also not had heating or hot water for two years due to the condition of the gas appliances and of the property itself.

Mr Boote was issued with an Improvement Notice, ordering him to carry out the required checks and to provide the gas safety certificate. He failed to comply with it.

Following the case, HSE inspector Gareth Langston said:

"Mr Boote completely disregarded the warnings about the state of his property - and showed an appalling lack of concern for the safety of his tenant. All he seemed to care about was money.

"All landlords must have a valid gas safety certificate in place. A gas leak or faulty appliance can cause an explosion or lead to carbon monoxide poisoning, potentially killing their tenants.

"Tenants have the right to check the gas certification when they move in to rented accommodation. Landlords have an obligation to make the certificates freely available to tenants who ask for them, and if they don't they should be reported to the authorities."

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement.
2. 2.Regulation 33(1)(g) of the Health and Safety at Work etc. Act 1974 states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)."
3. 3.Regulation 36(3) of the Gas Safety (Installation and use) Regulations 1998 states: "A landlord shall...
   (a) 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);
   (b) in the case of a lease commencing after the coming into force of these Regulations, ensure that each appliance and flue to which the duty extends has been checked for safety within a period of 12 months before the lease commences or has been or is so checked within 12 months after the appliance or flue has been installed, whichever is later; and
   (c) ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information:
   i.the date on which the appliance or flue was checked;
   ii.the address of the premises at which the appliance or flue is installed;
   iii.the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed;
   iv.a description of and the location of each appliance or flue checked;
   v.any defect identified;
   vi.any remedial action taken;
   vii.confirmation that the check undertaken complies with the requirements of paragraph (9) below;
   viii.the name and signature of the individual carrying out the check; and
   ix.the registration number with which that individual, or his employer, is registered with a body approved by the Executive for the purposes of regulation 3(3) of these Regulations."