Landlord fined £20,000 plus £35,000 costs for Gas Certificate

August 16, 2008 on 7:00 am | In News |

Carbon monoxide from untested boiler caused the death of six-year old girl

The Health and Safety Executive (HSE) is highlighting the fatal consequences of carbon monoxide gas following the death of a six-year old girl who was poisoned by fumes from a faulty boiler.

Hussein Jajbhay, director of property company Amadeus Investments Ltd, was fined £20,000 and ordered to pay £35,000 costs at the sentencing today at Blackfriars Crown Court, having previously pleaded guilty to two counts under the Health and Safety at Work Act 1974.

Bill Hazleton HSE Inspector said: “This tragic case emphasises the importance of maintaining and checking gas appliances. Carbon Monoxide gas is a silent killer, you cannot smell or see it. Landlords have a duty to maintain their gas appliances, and it is illegal and highly dangerous not to have them checked yearly by a competent, registered gas fitter. Currently, only CORGI is recognised by HSE to register gas installer.”

Six-year-old Elisabeth Giauque was living with her family in a rented house in Castle Close, Wimbledon. On 4 February 2005 her parents went out for the evening, leaving their three children in the care of the nanny. On their return they found Elizabeth unconscious in her bedroom. She was rushed to hospital where she died two days later. It was later established that she died from carbon monoxide poisoning.

Four days later, two other family members who had stayed overnight in Elizabeth’s room, collapsed and were taken to hospital. They were also found to be suffering from carbon monoxide poisoning.

It is the duty of the landlord to ensure gas appliances, boilers and flues are maintained in a safe condition. An annual safety check must be undertaken by a registered installer, who must provide a record of the inspection.

Hussein Jajbhay was the owner and landlord of the property at Castle Close. The last service and maintenance of the boiler at the property was carried out in January 2002. A landlords’ gas safety certificate was issued following an inspection in January 2003, which expired more than 12 months before the fatal incident.

Hussein Jajbhay pleaded guilty to two charges under 37(1) of the Health and Safety at Work etc Act 1974 for failure of maintenance and failure to maintain a gas fitting in a safe condition.

Press Release HSE