A landlord has been handed a 26-week suspended sentence and an electronic tag for four months after endangering her tenants by failing to maintain gas appliances at her Kent property.
Dawn Holliday, 62, disregarded gas safety checks despite receiving enforcement action from the Health and Safety Executive (HSE). She claimed financial constraints prevented her from addressing maintenance issues, leaving her tenants with a problematic boiler that frequently malfunctioned and a cooker that had been condemned for several years. An investigation by the HSE found that Holliday continued to collect full rent from the tenants at her Eastchurch property despite the hazardous conditions.
Despite being served with an Improvement Notice requiring gas safety checks, Dawn Holliday ignored this notice and subsequent requests from the Health and Safety Executive (HSE). She also falsely claimed that her tenants had moved out and were not paying rent. However, the investigation revealed that her tenants were still residing in the property and paying full rent.
At Sevenoaks Magistrates Court, Holliday admitted guilt to three charges under the Health and Safety at Work Act 1974, Section 21, and the Gas Safety (Installation and Use) Regulations 1998, Sections 36(2) and 36(3). The court sentenced her to 26 weeks in prison, which was suspended for 12 months. In addition to the suspended sentence, Holliday was electronically tagged for four months.
 Despite being served with an Improvement Notice requiring gas safety checks, Dawn Holliday failed to comply with the directive. She ignored both the notice and subsequent requests from the Health and Safety Executive (HSE) to address the issues with the gas appliances in her rental property. The HSE’s enforcement actions aimed to ensure that Holliday would address the safety concerns related to the gas installations, which had posed a significant risk to her tenants.
Holliday also falsely claimed that her tenants had moved out and were not paying rent. This claim was found to be untrue during the investigation. In reality, the tenants were still living in the property and were paying full rent, despite the ongoing safety issues. The property in question had a temperamental boiler that frequently banged and often left the tenants without heating or hot water. Additionally, a cooker in the property had been condemned for several years.
The HSE’s investigation uncovered that Holliday had not only ignored the Improvement Notice but had also failed to carry out necessary maintenance despite receiving rent payments. Her neglect in maintaining the gas appliances not only breached safety regulations but also endangered the lives of her tenants. This led to significant concern and action from the authorities to address the situation.
At Sevenoaks Magistrates Court, Holliday admitted guilt to three charges under the Health and Safety at Work Act 1974, Section 21, and the Gas Safety (Installation and Use) Regulations 1998, Sections 36(2) and 36(3). The court’s decision highlighted the seriousness of her failure to adhere to safety standards and the consequences of neglecting tenant safety.
Holliday was sentenced to 26 weeks in prison, with the sentence suspended for 12 months. Additionally, she was electronically tagged for four months. The court’s ruling serves as a reminder of the legal obligations landlords have regarding tenant safety and the importance of complying with safety regulations to prevent harm.
District Judge Leake has imposed a four-month electronically monitored curfew on Dawn Holliday. The curfew requires her to remain at her address between the hours of 8pm and 6am. Additionally, the judge has ordered Holliday to pay £750 in costs to the Health and Safety Executive (HSE). This decision reflects the seriousness of her failure to maintain safe conditions for her tenants.
The court also issued a remediation order under Section 42 of the Health and Safety at Work Act 1974. This order mandates that Holliday must complete the required gas safety inspection by December 6 of this year. The order aims to ensure that she complies with safety regulations and addresses the hazards identified during the investigation.
Following the court’s ruling, HSE Inspector Joanne Williams spoke about the case. She emphasised the HSE’s commitment to enforcing legal standards and ensuring that landlords provide safe and secure accommodation. Williams stated that the HSE does not tolerate violations of health and safety laws, and non-compliance with enforcement notices is considered a serious offence.
The inspector’s remarks underscore the HSE’s role in safeguarding tenant welfare and upholding regulatory standards. The legal actions taken against Holliday are part of broader efforts to ensure that all landlords adhere to essential safety requirements and protect their tenants from unsafe living conditions.
In this case, Ms. Holliday chose to ignore the support, guidance, and repeated warnings from the Health and Safety Executive (HSE), which were intended to help her comply with legal requirements. Despite these efforts to assist her, she continued to neglect essential safety measures, putting her tenants in significant danger.
Her blatant disregard for these instructions resulted in serious risks to the health and safety of those living in her properties. The conditions she allowed persisted, exposing her tenants to potential injuries or even life-threatening situations due to faulty gas appliances.
The HSE remains committed to collaborating with landlords to improve health and safety standards whenever possible. Their aim is to ensure that all rental properties meet the necessary safety regulations to protect tenants.
However, the HSE has made it clear that they will not hesitate to take strict enforcement action when necessary. This includes prosecuting individuals who continue to ignore warnings and fail to adhere to legal obligations, as seen in Ms. Holliday’s case.