Tackling gas safety

I refer to the letter by Shn Mauritzon in response to my article on gas safety (see [2001] Gazette, 5 April, 17).While I agree that it would be useful if landlords could be policed as far as compliance with the gas safety regulations is concerned, such a mechanism is available - at least as far as the small print of the legislation is concerned.

This is not apparent to anyone reading the regulations, but they are only part of a wider scheme of things, having been made in exercise of powers pursuant to the Health and Safety at Work etc Act 1974.Extensive enforcement powers are available to the Health and Safety Executive under the Act in respect of many activities and properties, including domestic gas installation, maintenance and repair.Health and safety inspectors can, for example, enter a property if they think there is any danger.

This could happen if a tenant were to report a landlord for a failure to provide him or her with the gas safety record.Even if they knew about it, not too many tenants would do this, as they often fear that landlords will somehow seek revenge they are reported.

Health and safety inspectors can carry out investigations, require information of the landlord, give oral warnings or advice, issue notices and prosecute people and companies.All these activities may be carried out before a gas incident has occurred.

Unfortunately, enforcement action normally only takes place after such an occurrence and this is the issue which needs to be addressed.Following public consultation, the Health and Safety Executive recently published a report to the Health and Safety Commission, in which it made certain recommendations.One was that there should be greater enforcement of landlords' duties under the gas safety regulations.

It also recommended greater publicity about these duties and wants to see more guidance developed for landlords.For further information on this topic might see the Web site: www.thelettingsmarket.comDeanna Levine, consultant solicitor to BAC Law, Hammersmith, London