Middlesbrough Landlord Given Suspended Prison Sentence for Gas Safety
Failings
A landlord has been given a suspended prison sentence following his failure to maintain or
check the gas fittings in one of his properties.
A gas fire with back boiler at a tenanted property in Wilton Street, Middlesbrough, was found
to be immediately dangerous when examined by the Health and Safety Executive (HSE).
HSE prosecuted Christopher Hobaiter after it was found that the appliance was leaking
deadly carbon monoxide into the ground floor sitting room. Windows were sealed shut and
wall ventilation grills had been blocked over for some time, exposing the tenant to the risk of
carbon monoxide poisoning.
Christopher Hobaiter of Hartburn, Stockton on Tees pleaded guilty to breaching Regulation
36(2) of the Gas Safety (Installation and Use) Regulations 1998 and was sentenced to a 26
week prison sentence suspended for 24 months with £1,904.02 costs by Teesside
Magistrates Court.
After the hearing, HM Inspector of Health and Safety, Richard Bulmer commented: “Low
level carbon monoxide poisoning can be severe and debilitating and almost always fatal at
higher levels.
“Falling asleep in the vicinity of a carbon monoxide producing gas fire is highly likely to lead
to death.”
The Gas Safety (Installation and Use) Regulations 1998 place duties on landlords to ensure
that gas fittings and flues are maintained in a safe condition. In addition, each gas appliance
and flue must be checked for safety within 12 months of being installed and then at intervals
of not more than 12 months. Records of such checks must be retained for a minimum
period of 2 years from the date of the check and made available for inspection upon request
by the relevant tenant. Any gas work and checks must be undertaken by a suitably qualified
person e.g. Gas Safe Registered.
The legislation applies to landlords where the relevant premises are occupied under a lease
or licence. Leases are defined in the regulations as;

leases for a term less than 7 years;

a tenancy for a periodic term; and

any statutory tenancy arising out of a lease or tenancy detailed above.
If you need advice on health and safety in your rental properties contact one of the Jacksons
Health & Safety Team.
Contact
Mark Stouph
DD: 01642 873 757
E: [email protected]
NEWCASTLE OFFICE
TEESIDE OFFICE
Central Square, Forth Street
Newcastle Upon Tyne
NE1 3JP
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Yarm Road, Stockton on Tees
TS18 3TN
T: 0191 232 2574
T: 01642 356 500
www.jacksons-hs.com