Penalties Non Compliance Gas Safety
Penalties Breach of the regulations is a criminal offence with the Health & Safety Executive empowered to bring proceedings.
- Landlords and/or managing agents can be convicted for non-compliance.
- The standard penalty is a £6,000 fine for each item and/or 6 months imprisonment.
- In the most serious cases charges of manslaughter could be brought.
- Insurance cover could be invalidated for non-compliance to the regulations.
Defences
In the event of a tenant complaint or an incident, the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.
A private owner or landlord who can show that they placed responsibility on to a managing agent may escape liability.
However, an agent merely introducing a tenant and not becoming involved in the inventory or management of the tenancy, may well be exempt from liability.
Risk Reduction
It is not possible to take out insurance cover to protect yourself against losses due to your own criminal acts.
It is also very doubtful that insurance cover would be obtainable for losses sustained in a civil action brought against you or the legal and professional expenses involved.
Your only recourse is to make absolutely sure that you fulfill your legal duties. Do this and your risks are minimal.
Agents need to have in place a proper administration system to ensure compliance for the properties they manage and make sure their staff are adequately trained.
Emergency Contacts
GAS Safety Register - 0800 408 5500
Gas Consumers Council - 0645 060708
HSE Gas Advice Line - 0800 300363
Transco Gas Emergency line - 0800 111999
HSE Publications - 01787 881165