HSE v. James Long

Tuckers acted on behalf of HSE in relation to its prosecution of a Croydon landlord after five of his tenants needed hospital treatment for carbon monoxide poisoning.

City of London Magistrates’ Court heard that on 4 March 2009 ambulance and fire crews were called to an address in Elgin Road, Croydon, where they found several people suffering flu-like symptoms and dizziness. One tenant thought he was having a heart attack.

Five residents were taken from the property, belonging to landlord James Long, to Princess Royal University hospital suffering from carbon monoxide poisoning. Three needed to be transferred to Whipps Cross hospital for specialist hyperbaric treatment.

The Health and Safety Executive (HSE) investigation found Mr Long did not have a landlord’s gas safety certificate covering the property, meaning the gas hob, boiler and flue had not been inspected by a qualified gas engineer.

It was discovered the carbon monoxide was coming from a gas boiler in the cellar and gas engineers found a taped-up air vent had led to insufficient fresh air coming into the cellar.

Speaking after the hearing, HSE Inspector Matthew Raine said:

“This carbon monoxide poisoning could easily have been fatal. If Mr Long had fulfiled his legal obligation to get the property inspected, he would have been made aware just how dangerous it was for the air vent to be taped-up. Mr Long disregarded his landlord duties and put his tenants at grave risk.

“Every year, around 20 people die and many others suffer ill-health from carbon monoxide poisoning. Landlords who put their tenants in danger will be prosecuted.”

Mr Long of Elgin Road, Croydon, pleaded guilty to breaching Regulation 36(3)(a) of the of the Gas Safety (installation and Use) Regulations 1998. He was fined a total of £24,000 and ordered to pay costs of £6,000.