LANDLORDS are being warned not to ‘shirk’ their responsibilities after a Huddersfield man narrowly escaped being sent to prison.
The Health and Safety Executive said those letting out their houses need to be extra vigilant in making sure gas appliances are not leaking carbon monoxide.
The caution comes after the case of landlord Ervin McKenzie Clarke, of Handel Street, Golcar, who yesterday received a 16-week custodial sentence that was suspended for 12 months at Huddersfield Magistrates’ Court.
Clarke’s sister, Jaqueline Clarke, and her two-year-old son were renting a house on Handel Street in Golcar from Clarke, who then lived in Harewood Mount, Meltham.
The two-bedroom house had a gas fire in the living room which Mohammed Tariq, a Kirklees Council inspector, suspected was leaking the deadly gas.
Mr Tariq, from the council’s private sector housing unit, told Ms Clarke not to turn on the fire under any circumstances.
Mr Tariq had previously visited the house on June 19, 2008 to see to a burst water pipe – but he was concerned when he saw black soot on the fire.
He wrote to Clarke, 48, to tell him to get it serviced.
But lorry driver Clarke did nothing.
Yesterday he was sentenced after pleading guilty to contravening health and safety regulations and contravening an information notice.
Chairman of the magistrates, Mr Brian Castle, said: “Your action recklessly placed your tenant and two-year-old child in a situation which may have proved fatal or lethal.
“Mr Tariq advised you not to use the gas fire until checked by Corgi engineers.
“Despite this you didn’t comply.”
On December 3, 2008, a second warning and an improvement notice was issued to Clarke who did nothing.
Mr Castle added: “Only after a further two-and-a-half months did you have the gas fire checked.
“There is a justifiable public interest in this case and the public need to have confidence that the courts will take action.”
Due to Clarke’s previous good character and guilty pleas, his 16-week sentence was suspended for a year.
He was also ordered to carry out 60 hours of unpaid work and pay £1,420 in costs.
After the hearing HSE Inspector Kirsty Townend said: “Landlords are duty bound to comply with Gas Safe regulations, and we’re concerned there are other property owners like Mr Clarke who are shirking their responsibilities.
“They are jeopardising the lives of their tenants and we will not hesitate to prosecute individuals who fail their duty of care when it comes to gas safety.”
HSE worked in partnership with Kirklees Council’s Private Sector Housing Unit to instigate proceedings against Mr Clarke.
