A landlord has been given a suspended sentence of 26 weeks and electronically tagged for 4 months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent.
Dawn Holliday, 62, refused to undertake gas safety checks even after the Health and Safety Executive (HSE) took enforcement action against her.
Ms Holiday claimed to have no money for undertaking maintenance to the property, leaving the tenants with a very temperamental boiler that banged and often left the occupiers with no heating or hot water, as well as a condemned cooker for several years. However, an HSE investigation found that Ms Holliday was receiving full rent from the tenant for the property on First Avenue in Eastchurch, when the enforcement action was taken.
Despite the Improvement Notice served on Ms Holliday to undertake gas safety checks, she ignored this and further requests from HSE. She also claimed the tenants had moved out and had not been paying rent, the investigation found this claim to be completely untrue.
On the 2nd September 2024 at Sevenoaks Magistrates Court, Dawn Holliday, of Golden Leas Holiday Park, Plough Road, Minster on Sea, pleaded guilty to three charges under Health and Safety at Work etc Act 1974 Section 21 and Gas Safety (Installation & Use) 1998 36(2) and 36(3) and was sentenced to imprisonment of 26 weeks, suspended for a period of 12 months, District Judge Leake also imposed an electronically monitored curfew on Ms Holliday at her address for a period of 4 months with the curfew hours of 20:00-06:00 and awarded HSE £750 in costs. Additionally the Judge made a remediation order pursuant to section 42 of the 1974, for Ms Holliday to undertake the gas safety inspection required of her by the 6th December 2024.
The Prosecution was brought by HSE Enforcement Lawyer, Samantha Wells, assisted by paralegal Imogen Isaacs.
Speaking after the hearing, HSE Inspector Joanne Williams said: “We are dedicated to ensuring that landlords operate within the law and provide safe accommodation for tenants.”
“We do not tolerate disregard for health and safety and consider the non-compliance of HSE enforcement notices as a serious offence.
“In this case Ms Holliday chose to flagrantly ignore the support, guidance and warnings from HSE to assist her in compliance with the law and continued placing her tenants at serious risk of injury or even death.
“Wherever possible we will continue to work with landlords to improve health and safety. However, we will not hesitate to take enforcement action where necessary and prosecute individuals who ignore warnings and the law.”
Notes to editors:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences can be found here.
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