Bellview Property Ltd
A commercial landlord of domestic properties and the sole director has been found guilty of breaching safety laws protecting tenants.
A letting company and its directors have been sanctioned for failing to carry out essential gas safety inspections in their rental property. Chelmsford Magistrates heard how Bellview failed to carry out the gas safety checks at their property in Colchester, Essex. Bellview were served with an Improvement Notice, ordering them to conduct the checks within a set time but they failed to do so. They also neglected to forward a copy of the tenancy agreement to the HSE when requested to do so. Under Sec 20 Inspectors have powers to demand to see all relevant documents. The court found that these breaches were committed with the consent of or were attributable to neglect on the part of Adrian Ellis, as the sole director of Bellview.
The court heard that Mr Ellis was prosecuted previously by the HSE for similar breaches on properties he had let out as a private landlord. Furthermore, in the previous 5yrs, Bellview had also been served with Enforcement Notices on two occasions for similar breaches.
The Gas Safety (Installation and Use) Regulations 1998
Bellview pleaded guilty of breaching the Gas Safety (Installation and Use) Regulations 1998 and failing to disclose information when requested to do so under Sec 20. They were fined £12,000 and a costs order for £2,245. Adrian Ellis, the single director was ordered to pay a fine of £3,000 with costs order as above, after pleading guilty to breaching Sec 37 of HSAWA 74. Each defendant was also ordered to pay a government surcharge of £170.
Duty of care
The HS Inspector commented that landlords, whether private or corporate, were under a duty to carry out gas safety checks. Landlords must ensure gas appliances at their tenanted properties are maintained in a sound condition and are checked by a Gas Safe Register engineer at least every 12months
Although this article is intended as a guide, the case highlights the importance of complying with safety laws, and in particular, that directors can be held personally responsible for such breaches. Landlords are strongly advised to seek professional advice when entering such ventures. Quest advisors can advise you on your statutory obligations and can offer bespoke consultancy services to ensure to you remain compliant at all times and avoid expensive mistakes. If you have any questions please call us on 01455 852028.
