Lichfield District Council and the Heath and Safety Executive prosecutes a husband and wife for failing to make a building safe.
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On 12 September 2012 at Stafford Magistrates’ Court, David and Liane Dewsbury, of Main Road, Milford in Stafford, were found guilty of failing to comply with improvement notices to make a property they own in Chasetown safe.
Working together, Lichfield District Council and the Health and Safety Executive (HSE) prosecuted Mr and Mrs Dewsbury for breaching management regulations that apply to houses of multiple occupation in England.
In April 2011, Lichfield District Council inspected the couple’s property on Queen Street, Chasetown in Burntwood, which had been subdivided into three units without building regulations approval.
On the visit, a council officer found that the property did not have gas or electrical safety certificates, working smoke alarms, or safe routes and windows that allowed escape if there was a fire. The emergency contact details of the person managing the property were also not displayed.
As the landlords did not act on the council’s informal requests to address these issues, Lichfield District Council served an improvement notice requiring Mr and Mrs Dewsbury to make the necessary changes for fire safety.
The council referred the matter of the gas safety certificate to the HSE, which in turn issued an improvement notice that required the production of the certificates by a specified date.
On revisiting the property, it was clear the improvement notices had not been acted on. Lichfield District Council and the HSE then started proceedings to prosecute the landlords.
Neither Mr or Mrs Dewsbury attended the hearing, but Mrs Dewsbury pleaded guilty by post but Mr Dewsbury did not.
The court found Mr and Mrs Dewsbury guilty of not complying with the improvement notices and failing to comply with management regulations. During the hearing, the court heard that Mr Dewsbury had been recently declared bankrupt.
For failure to comply with the improvement notice for the gas safety certificate, David Dewsbury was fined £2,500, which was reduced to £1,500, and ordered to pay £3,000 towards the HSE’s costs – a total of £4,500.
For failure to comply with the improvement notice for fire safety, Liane Dewsbury was fined £2,500, also reduced to £1,500, and ordered to pay £1,238 towards the Lichfield District Council’s costs – a total of £2,738.
Councillor Ian Pritchard, Lichfield District Council’s Cabinet Member for Housing, Health and Environmental Protection, said: “It’s unacceptable that Mr and Mrs Dewsbury thought they could flout building regulations. As landlords, it is their duty to make sure their property is as safe as possible for their tenants. We hope this case acts as a warning to anyone that thinks they can ignore housing regulations.”
Speaking after the hearing, HSE inspector Wayne Owen, said: “On average 20 people die each year from carbon monoxide poisoning caused by gas appliances and flues that are faulty. Many more people suffer serious health effects from breathing in carbon monoxide. In extreme cases paralysis and brain damage can result from prolonged exposure.
“Unchecked gas appliances do become unsafe over time, exposing tenants to possible serious injuries or even fatality. It is important that landlords fulfil their legal gas safety obligations to their tenants. This means ensuring an annual gas safety check is carried out by a suitably qualified Gas Safe registered engineer. It also means being able to provide tenants with an up-to-date gas safety record.”
