HSE PUBLIC REGISTER OF CONVICTIONS
Landlord Health and Safety Prosecutions
Not only do landlords leave themselves open to public prosecution if they neglect their duty of care to the tenant. The database listing landlord prosecutions is in the public domain for all to see and examine.!!!
The Insurance companies love it, could you insure your premises after being prosecuted?
These details were taken from the Health and Safety Executive web site.
Defendant Summary Double gas fatality in Council property. Boiler not maintained, 300+ gas safety checks overdue on estate. No system for managing gas safety in relevant housing area or across Council. This case did result from the investigation of a fatality Offence Date 20/01/1998 Total Fine £350,000.00 Total Costs Awarded to HSE £30,750.00
Defendant | |||
Summary | Landlord does not have any gas safety certificates for a tenancy lasting 5 years approx. Appeal lodged against conviction and sentence on 14/7/2004 on the grounds that "the conviction was against the weight of the evidence and the sentence was manifestly excessive". | ||
| This case did result from non-compliance with an improvement notice | ||
Offence Date | 16/06/2001 | ||
Total Fine | £3,500.00 | Total Costs Awarded to HSE | £6,000.00 |
Defendant | |||
Summary | Failure to comply with an Improvement Notice requiring providing a Landlords Gas safety Record for 44 Tower Street, Heywood and also failure to provide the tenant with a copy of the Landlords gas safety checks within 28 days of her occupying the property. | ||
| This case did result from non-compliance with an improvement notice | ||
Offence Date | 05/08/2004 | ||
Total Fine | £1,000.00 | Total Costs Awarded to HSE | £2,769.60 |
Defendant | |||
Summary | Case arises following a complaint ref lack of GSC. | ||
Offence Date | 04/01/2004 | ||
Total Fine | £200.00 | Total Costs Awarded to HSE | £650.50 |
Defendant | |||
Summary | PR of Foilhope Ltd, property managers of Witanhurst, for failing to provide asbestos survey to Endemol UK plc. Asbestos exposure followed. NB: Endemol also being prosecuted under S2 HSWA & Reg 8 CAWR '87. | ||
Offence Date | 12/08/2002 | ||
Total Fine | £8,000.00 | Total Costs Awarded to HSE | £2,517.00 |
Defendant | |||
Summary | Prosecution arising from complaint about unsafe work at height - use of mobile towers to build houses. | ||
Offence Date | 09/11/2004 | ||
Total Fine | £8,000.00 | Total Costs Awarded to HSE | £13,150.00 |
Defendant | |||
Summary | Whilst carrying out work to convert own property, a former butcher's shop, into other commercial property, the east gable wall collapsed, trapping Mark Olding a friend of Mr Leadbitter, under the collapsed first floor. Unsafe system of work for demolition and dismantling. CDM Regulations not implemented at the site, following lack of adequate advice from architect, for whom PR also proposed | ||
Offence Date | 19/10/2002 | ||
Total Fine | £7,500.00 | Total Costs Awarded to HSE | £5,056.00 |
Defendant | |||
Summary | Breach of HSWA S3(1) on a date between 1/1/01 and 30/4/01. Demolition subcontractor's employees inadvertently exposed to asbestos during removal of overhead railing system. Failure to identify asbestos containing materials when concerns were raised with the company. | ||
Offence Date | 01/01/2001 | ||
Total Fine | £8,000.00 | Total Costs Awarded to HSE | £5,000.00 |
Defendant | |||
Summary | Instructed local letting agent to let domestic property. No gas safety check carried out prior to tenants occupying premises. Boiler disconnected by Transco. Heat exchanger found to be blocked and products of combustion, including high levels of carbon monoxide being emitted. Failed to enquire about presence of current gas safety regulations and did not advise landlord that check was required. When asked local agent to arrange for check, failed to give this problem the urgent attention required. | ||
Offence Date | 15/09/2001 | ||
Total Fine | £2,500.00 | Total Costs Awarded to HSE | £7,223.00 |
Defendant | |||
Summary | Investigation into the alleged absence of Employers' Liability Compulsory Insurance at an Estate Agency and lettings business following a complaint. Prosecution proposed due to HSE's enforcement policy, RHS action point 6 and clear evidence of employment and lack of ELCI. Breach of ELCI Act 1969 Section 1 (1). Failure to insure. £150 fine for each information (2 infos) £300 total. Costs: £500 on each partner. | ||
Offence Date | 29/11/2004 | ||
Total Fine | £300.00 | Total Costs Awarded to HSE | £500.00 |