Landlord handed £20,000 fine in landmark court case

A LANDLORD whose failure to fit smoke alarms led to the near-death of one of his tenants has been ordered to pay more than £30,000 by a judge.

Dharmendrasinhji Chauhan, 44, did not fit smoke detectors, fire doors or fire extinguishers at his rented property in Abbey Street.

When a blaze started in the shared house last year, tenant Ben Mousley was forced to escape from his third-floor bedroom window, falling 20ft and breaking his neck. Appearing at Derby Crown Court, Chauhan was told his attempt to cut corners had put the lives of others at risk.

The case was the first time a prosecution had been brought in Derbyshire under new fire safety legislation.

Handing down a fine of £20,000, and costs of more than £10,000, Judge John Burgess said: "I want to send the message to other people in your situation that they will have to take their obligations seriously."

The court heard that on February 7 last year, Mr Mousley, then 23, was watching DVDs in his bedroom on the third floor of the Abbey Street property when he smelled burning plastic. He opened the door and was met by a wall of smoke.

He fell to the floor and dialled 999, before climbing out of his window and falling to the ground, breaking a vertebrae in his neck and fracturing his shoulder.

After being taken to hospital he spent six hours in surgery, undergoing a bone graft and having a metal plate fitted in his neck.

Stuart Newsam, prosecuting, said Mr Mousley had been told by his doctors that if he fractured a vertebrae either side of the one broken he could have been paralysed for life or even killed.

Defending Chauhan, who admitted nine charges of breaching fire regulations, Alexander Stein told the court that he had never been a landlord before and had been struggling since the post office he ran was hit by recent closures.

He said: "I ask for credit for the plea of guilty, reflecting a proper acceptance of responsibility and remorse. This remorse has been carried forward into concrete actions and the property has now been refurbished to a high standard."

Speaking for the first time about his ordeal in December, Mr Mousley, who is 6ft and weighs 16 stone, said: "The doctors told me that if I had broken the vertebra below I would have been paralysed, and the next one up I would have died. It's a bit humbling."

Mr Mousley, who will never have full movement of his neck again, said: "It's not hunky-dory, but it's as good as you can expect after jumping out of a window from such a height. I'm relying on a piece of metal in my neck, so I have to be careful."

The case marks the first prosecution by Derbyshire Fire and Rescue Service under new legislation. Chief fire officer Brian Tregunna said: "This was the first prosecution that Derbyshire Fire and Rescue Service has taken under the new Fire Safety Order and it is reassuring to know that the courts will support our actions in order to maintain public safety.

"Landlords are reminded of their legal responsibility to protect their guests from fire and we will take action against anyone found in serious breach of fire safety legislation.

"We are concerned that if landlords do not take their duties seriously then we may see businesses destroyed by fire and possibly a tragic loss of life."

The court heard the house had four bedrooms, but only two were occupied by tenants at the time.

The fire started after Mr Mousley's housemate, who was not in at the time, left washing hanging on a clothes horse in front of a gas fire.

As he recovered from his injuries, Mr Mousley was cared for by his mum, Sue Mousley, at her Spondon home until he was able to get a flat in Kedleston Road.

He returned to his job as assistant manager at computer game store Playtime Multimedia in Derby, although he finds it uncomfortable to sleep and experiences pain in his neck. He has launched a case for compensation.