A NORTH-EAST housing association has been ordered to pay £65,000 in fines and costs after a pensioner died in his home from carbon monoxide poisoning.

Gentoo Group Ltd, of Emperor Way, Sunderland – formerly known as Sunderland Housing Company Ltd – was prosecuted by the Health and Safety Executive (HSE) after 80-year-old George John Rutherford was found dead in his home.

Newcastle Crown Court was told the father-of-two had rented the property in Allendale Crescent, Penshaw, near Sunderland, for many years, but died as a result of carbon monoxide poisoning on June 17, 2007.

An inquest held in November 2008 recorded a verdict of accidental death.

Gentoo Group was charged with failing to properly maintain the coal fire at his home.

The company pleaded guilty to a “technical” breaching of the Management of Health and Safety at Work Regulations 1999. It was fined £25,000 and ordered to pay £40,000 in costs.

In passing sentence yesterday, Mr Justice Eder said although it could not be said that Mr Rutherford’s death occurred as a result of the company’s breach, “there was, at the very least, a not insignificant risk of death”.

Mr Justice Eder said: “This was not an isolated breach. On the contrary, it appears that this was a continuing systemic failure.

“However, I bear in mind that the defendant has a good health and safety record and, as accepted by the prosecution, Gentoo Group, as an organisation, takes health and safety and the safety of both employees and all tenants very seriously.”

Speaking after the hearing, HSE principal inspector Bruno Porter said: “The risk of dying from carbon monoxide exposure caused by a faulty solid fuel appliance is estimated to be up to ten times higher than that from a gas appliance, but the risks are generally not as well known.

“Landlords and providers of social housing must make sure that solid fuel appliances are regularly maintained – chimneys must be swept regularly and they must make sure the tenant is capable of, and is actually carrying out, any safety-critical cleaning.”

Andrew Taylor, deputy chief executive of Gentoo Group, said: “Excellent health and safety standards are paramount to Gentoo and we have therefore continued to monitor and improve our systems accordingly.

“We welcome the fact that the court has accepted that the company is in no way responsible for Mr Rutherford’s death, and wish to take this opportunity to send our condolences to his family.”