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Letting Agency Ignored Gas Safety Checks

Birmingham lettings agency fined after failing to ensure gas safety checks were made on a property it managed

The company, MT Properties Central, based in Small Heath, failed to arrange the statutory landlord gas safety check on the property it leased to tenants in Stechford, and subsequently failed to produce any confirmation the checks had been carried out.

The Health and Safety Executive (HSE) was made aware of concerns over the existence of a gas safety record for the property and tried several times to get a response from the company. After hearing nothing from them, it issued an Improvement Notice on the company on 16 August 2013.

Birmingham Magistrates’ Court heard that the Notice required MT Properties to employ a Gas Safe registered engineer to carry out the necessary checks by 6 September 2013 and produce evidence that the Notice had been complied with.

However, MT Properties Central failed to comply with the notice, or to request an extension. The notice still remains open and the HSE is awaiting evidence of compliance.

MT Properties Central pleaded guilty to breaching the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974, and was fined £2,000 and ordered to pay costs of £957.

“MT Properties Central had plenty of time to comply with our enforcement notice, so there was no excuse for failing to do so, particularly for a property management and letting business,” stated Karl Raw, HSE inspector, after the hearing. “A gas safety check by a registered engineer can be organised quickly and easily and cost as little as £60. By not carrying out their duty as a landlord, MT Properties Central potentially put lives and property in danger by flouting the laws that are designed to protect people in their homes while using gas appliances.”

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