Angus holiday cottage owner fined over carbon monoxide death of teenage student guest

The owner and landlord of a holiday cottage where a teenager died from carbon monoxide poisoning have been fined after failing to maintain the gas heaters.

Stirling University student Thomas Hill, 18, was killed after being exposed to the deadly gas in the bathroom of remote Glenmark Cottage, at Tarfside, by Edzell, in October 2015.

The cottage is owned by Burghill Farms, a partnership which at the time was run by the Earl and Countess of Dalhousie with their son Simon Ramsay, Lord Ramsay.

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Dundee Sheriff Court heard that no annual checks were carried out on the cabinet heaters, which were also placed in small rooms without enough ventilation.

Poisoning:  Glenmark Cottage, near Tarfside. (Pic: COPFS)Poisoning:  Glenmark Cottage, near Tarfside. (Pic: COPFS)
Poisoning: Glenmark Cottage, near Tarfside. (Pic: COPFS)

Burghill Farms, who trade as Dalhousie Estates let the cottage to Piers Le Cheminant, 76, from March 2008 and sub-let it to holidaymakers from across the UK.

Both parties pled guilty to breaches of The Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974. Burghill Farms were fined £120,000 and Le Cheminant £2000.

The breaches came to light as part of the investigation into the death Mr Hill who was staying at the cottage, though his death was not caused by the failings. The 18-year-old died of carbon monoxide poisoning on October 28 2015.

Mr Hill was found unconscious behind a bathroom door after carbon monoxide escaped from a faulty heater. Desperate attempts were made to save the teenager’s life but he was pronounced dead en route to Ninewells Hospital.

Ten days before the Mr Hill died, a family staying at the same cottage experienced problems with the bathroom heater making “putt-putt” noises and causing a woman’s eyes to sting.

Le Cheminant subsequently instructed the unqualified gas engineer to replace the gas bottle and he reported finding no other issues with the heater.

During the investigation, the cabinet heaters in the cottage were examined. It was found that they were being used in rooms that were too small. For example, the heater in the bathroom wasn’t suitable for rooms smaller than 45m3 but the bathroom was only 11m3.

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There was also no maintenance programme in place for the heaters. While an engineer visited once a year to check the appliances were working, no test were carried out and he was not qualified to work on those type of heating.

Social workers who compiled a report on first offender Le Cheminant said that he blamed Burghill Farms for the incident and had shown little personal remorse.

Alistair Duncan, head of the Health and Safety Investigation Unit, said: "By failing to ensure the safety of visitors to Glenmark Cottage, Burghill Farms and Piers Le Cheminant have put them at unacceptable risk.

"This prosecution should remind landlords that they have a responsibility to those who visit their properties and that they will be held accountable for any failure to do so."

Imposing the financial penalties on the sixth anniversary of Mr Hill’s death, Sheriff Gillian Wade said: The fine must underline the seriousness of the matter before me.”

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