Mice in the hice! But whose responsibility is it to get them out?

Droppings. There’s no other way to get around the subject. Little black things the size of rice grains that we all dread seeing in food cupboards or behind sofas.

And unless you live in a brand-new house or apartment, chances are there’s a rodent of some description living in your home. A 50% chance, in fact. A study of nearly 300 houses in Manchester by Warwick University found that half of them showed signs of a mouse infestation.

We’re talking about the house mouse or Mus Domesticus, to use its scientific name, star of kids’ cartoon Tom & Jerry and prone to running up clocks, as the nursery rhyme suggests.

They are largely nocturnal so you are unlikely to ever see or hear them, but studies have shown that they help spread several diseases and can cause serious damage to a property as they gnaw their way through wiring and pipes.

The contentious question for someone renting a property is, who is responsible for getting rid of them once evidence of their night-time food foraging comes to light? Most tenants would quickly reply… the landlord! But it’s a bit more complicated than that.

There are two answers to this question - the technical one and the practical. Let’s start with the first.

Pesky pests - the legal answer

Landlords have a contractual obligation written into all Assured Shorthold Tenancy documents to ensure a property is in a suitable state for habitation. That includes ensuring there is no vermin infestation including mice.

Landlords are also legally responsible for keeping the structure of a property in good repair - and a mice infestation can be a sign that the house has not been maintained well and that mice have entered through structural cracks and holes in woodwork and brickwork.

In short: It’s the landlords’ responsibility.

Mouse in the house: the practical answer

A landlord can spend hundreds of pounds sending in the pest control people but if a tenant doesn’t keep the property clean, including ensuring that food is properly stored, then the mice will eventually return whatever happens.

Also, a tenant is contractually obliged to keep the property clean and look after its fixtures and fittings, and that includes ensuring there no 'foodie feasts' for mice to nibble on during the night.

If a tenant doesn’t do this then a landlord can, eventually, claim they aren’t keeping the property clean enough and refuse to do any more pest control until they do. If the mess is bad enough, it can also be grounds for eviction.

In short: both the tenant and landlord need to work together.

What happens if the landlord won't do anything?

Some landlords just don't get how unnerving a mouse infestation can be for their tenants and do nothing about it.

Local authorities can step in and take enforcement action as they have a statutory responsibility to keep areas free of vermin via both the Prevention of Damage by Pests Act, 1949 and the Environmental Protection Act 1990.

If your landlord won't do anything, then it's time to contact your local council's Environmental Health team and request they complete an inspection at the address.

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Remember the information provided in this article is for information purposes only and should not be considered as advice.

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