Who is responsible for a pest infestation in a rented property?

A question our pest control team are frequently asked is, “Is who is responsible for a pest infestation in a rental property?  The landlord or the tenant?   

Unfortunately, it’s not always a straightforward answer and often depends entirely upon the circumstances and the type of property.

The landlord’s primary obligation

Typically, the first point of responsibility for a pest infestation in a rented property lies with the landlord. 

Landlords are obligated to ensure a property is fit for human habitation and does not have any issues that can cause health problems. 

Landlords must comply with the Homes (Fitness for Human Habitation) Act 2018.  Pests such as rats, mice, cockroaches and pigeons pose a risk to human health and are covered by the Act.

The responsibility falls to the landlord when the issue relates to the structure of the property:

• Structural defects – Pests can gain entry through small cracks, drains, pipes, and air vents. If a gap larger than a biro pen exists, a mouse can fit through it. If such structural defects are present, the responsibility for proofing and treatment rests with the landlord.

• Pre-existing infestations – Where a new tenant reports an infestation of fleas or bedbugs soon after moving in, it is highly likely the pests were already present before the tenancy began. In this scenario, the landlord is responsible for remedial action.

• Common areas – In multi-occupancy buildings, the landlord/manager is usually responsible for the inspection and treatment of communal areas such as hallways, bin stores and basements.

Circumstances where the tenant is responsible

There are circumstances where the tenant will be responsible.

• Negligence – If a rat, mouse, or cockroach infestation can be clearly proven to be the result of tenant negligence in the upkeep of the property. Examples include habitually leaving rubbish accessible to pests, living in highly unsanitary conditions, or failing to report a problem promptly.

• Tenant-introduced pests – If the landlord has clear documentation showing that the property was pest-free prior to the tenancy, and the tenant introduces pests later, most commonly in the case of flea and bed bug infestations, the responsibility often lies with the tenant.

If no action is taken by either party or the steps taken don’t remove the pests permanently

If no action is taken by either the landlord or the tenant, or if steps taken do not permanently resolve the issue, the local authority may intervene.

The local authority has legal powers to deal with an infestation under The Prevention of Damage by Pests Act 1949. 

They will act if an infestation at the property poses a risk to human health and is causing problems for tenants or neighbours.    It means the landlord will be served with a statutory notice to remove the pests. 

At this late stage the cost is likely to be much more than it would have been if action was taken as soon as the pest problem was reported.

Take preventative measures

The best way to ensure your properties are safe and habitable for your tenants and protect yourself against unwanted claims is to take preventative measures.

Preventative pest control services can save time and money. 

They will:

• Identify weak spots around your properties that may act as an invitation to pests.
• Design a plan to protect your tenants and properties from pests.
• Agree seasonal property maintenance visits.

For more information or a no obligation assessment of your property:

• Call us on 020 8361 7467
• Email info@protexpest.co.uk

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