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Landlord in court following illegal gas work

Date:
14 February 2014

A landlord has been given a suspended prison sentence and ordered to carry out 150 hours of community work for endangering a family with young children after he authorised illegal gas work at a Luton home.

Dinyar Sarkari, from Stanmore, North London, commissioned the installation of a new boiler at an address at Radnor Road, Luton, after the tenants complained to the local council that the central heating system wasn’t working.

Mr Sarkari, who owns and rents out the property, agreed to install a new boiler, but he did so using gas fitters who were not registered with Gas Safe Register – as the law requires.

Luton Magistrates’ Court heard today (14 February) that following the work, the tenants immediately contacted the National Grid after they suspected that gas was leaking. Visiting technicians immediately turned off the gas supply and informed the Health and Safety Executive (HSE) of their findings.

HSE contacted Mr. Sarkari, but he subsequently supplied false documentation as evidence of his Landlord’s Gas Safety Records, which are also a legal requirement.

Dinyar Sarkari, of Uppingham Avenue, Stanmore, London pleaded guilty to three breaches of the Gas Safety (Installation and Use) Regulations 1998, and one breach of the Health and Safety at Work etc Act 1974. He was given a two month prison sentence, suspended for 12 months, and ordered to carry out 150 hours of community work. He was also fined £5,000 and ordered to pay costs of £9,814.

After the case, HSE Inspector Robert Meardon said:

“Dinyar Sarkari has shown a flagrant disregard for his tenants’ safety and put their lives at risk.

“People die every year and many more are harmed by gas related incidents. People can be overcome by carbon monoxide, or affected by an explosion. It is vital that only competent people work on gas fittings and appliances. They must be a member of the Gas Safe Register.

“Landlords in particular have a duty of care and must ensure the safety of their tenants by having such appliances fitted and checked annually by someone on this Register.”

Russell Kramer chief executive of Gas Safe Register, added:

“Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.

“We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us. Every year we investigate thousands of reports of illegal gas work. Call us on 0800 408 5500 or visit our website at www.gassaferegister.co.uk.”

Further information about gas safety can be found online at www.hse.gov.uk/gas

Notes to Editors

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related 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. www.hse.gov.uk
  2. 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.”
  3. Regulation 36(3)a of the Gas Safety (Installation and Use) Regulations 1998 states: “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);
  4. Regulation 36(3)c of the Gas Safety (Installation and Use) Regulations 1998 states: “A landlord shall 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.
  5. Section 3 of the Health and Safety at Work etc Act 1974 states: “(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. (2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety. (3) In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.”
  6. HSE news releases are available at www.hse.gov.uk/press

 

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