BE SAFE - Martin & Co Derby Advise on HSE ruling

BE SAFE - Martin & Co Derby Advise on HSE ruling


A recent investigation and conviction by the HSE demonstrates the importance of appointing an expert, professional lettings agency where tenant safety and the adherence to current legislation is fundamental:

A Derby TENANT died from carbon monoxide poisoning after he reconnected a faulty gas boiler that had been condemned 18 months previously.

Mr Newton, 51, was found dead by friends in his home in The Brickyard, Stanley Common, on December 29, 2009. A post-mortem examination found that Mr Newton died as a result of carbon monoxide toxicity, with levels of the gas in his body measuring 61%. The court heard that 50% was a lethal level.

But an inquest jury concluded that, if annual gas safety checks had been completed at the rented property, then in "all probability" Stephen Newton's death would have been prevented.

And they said that there was no documentary evidence to show that attempts were made by any responsible person for a gas safety engineer to visit the house to ensure the boiler was safe to use.

The jury heard that annual gas safety checks, which the landlord is responsible for conducting under the Landlord and Tenants Act 1985, were not carried out between 2006 and 2009.

"If the annual gas inspection had been carried out in all probability Mr Newton's death would have been prevented.

In the subsequent HSE investigation, landlord Victoria Martindale admitted seven charges that she failed to maintain a gas boiler and other appliances at her property in Stanley Village.

Judge Michael Elsom handed Martindale a 16-month prison sentence, suspended for two years. He also fined her £4,000, ordered her to pay £17,500 prosecutions costs and told her to do 200 hours' unpaid work.

For a complete appraisal of your property prior to letting or advice concerning your existing rental portfolio and how you are affected by the latest legislation and HSE guidelines contact Martin & Co Derby on 01332 650068

Martin & Co Derby are a member of ARLA be sure you are dealing with an experienced and professional property agency, by choosing to rent from an ARLA member in Derby.


Membership of the Association is through formal qualification ensuring that ARLA member agents have the knowledge and experience to guide you through your property rental transaction as smoothly and painlessly as possible. Operating under strict rules of conduct, members must meet certain standards relating to professional and ethical practice, protecting you and your tenants.