Who is responsible for pest control when renting
The short answer is that it's not always clear cut who is responsible for dealing with a pest problem in a rented home. Whether a pest infestation issue lies with the tenants or the landlord is something that can be a grey area. This article will look at the different types of pest infestation and responsibility for pest control - ultimately who has to deal with the problem.
Pest infestation
Pests in a home (whether a rental property or not) can come from a variety of sources. These include mice, bed bugs, fleas, cockroaches, and even having a rat problem. You may also be unlucky enough to have an issue with wasps or ants.
If there is a pest issue in the property it is essential that tenants report the infestation to the landlord in writing, clearing outlining what the pest problems are and when something was first noticed e.g. when mice were seen in the kitchen - if you have video footage, even better. Finally it is also worth reviewing the lease agreement to see if there is a clause highlighting who is responsible for dealing with pest issues.
Are landlords responsible for pest control issues?
Landlords, including a housing association are typically required to deal with the problem of pests under the following circumstances:
There was evidence of pests in the property when tenants moved in.
Previous pest proofing attempts have proven to be inadequate in solving the problem.
The infestation was caused by landlords failing to carry out routine maintenance in a property, for example, not carrying out repairs when required (and this directly contributed to the pest problem in the home).
If the tenancy agreement says the landlord is responsible.
If tenants home isn’t safe for them to live in - for example if an infestation is a health hazard.
When are tenants responsible for pest control?
Tenants need to take responsibility for the living conditions in the home and to be aware of actions, behaviours and anything else that can attract pests to a property. Instances when the tenant can be held responsible for pest problems in the home can include:
Leaving rubbish lying around, such as land outside the house. This can definitely attract rats for example.
Left over food not being thrown in the bins and left around the property. Mice can feast away on leftovers.
If the tenant keeps pets and they become infested with fleas.
If the tenant brings their own mattress and it has bed bugs.
Will the Council help tenants?
It is worth bearing in mind that Council's typically have no statutory obligation to provide pest control treatments to tenants of private landlords, housing associations or registered social landlords regardless of whether they receive Council Tax benefit or housing benefits. More information about pest control can be found here.
What if it's not clear who is responsible for the pest infestation?
Quite often it may not be clear cut what is causing the pest control problems and where the pest control responsibility lies . As both the tenant and landlord are incentivised to remove any infestation of pests it may be the case of resolving the problem together with a possible solution involving pest control companies or the local council / authority who quite often have a pest control contractor they use.
What if a landlord refuses to deal with pests?
Should the landlord not fulfil their duties to deal with a pest problem or simply does not reply to requests, tenants can contact an environmental health officer at the local council. UK councils can take enforcement action or serve enforcement notice against the landlord if the pest issues are not dealt with.
Typically the Council can arrange an inspection via their pest control service which will offer advice on how to resolve the pest problem and likely to arrange pest control services to deal with the infestation. Costs will be passed on to the landlord who will be legally liable to pay.
What if tenants refuse to deal with pests?
Tenants should be aware that a Council can also serve notices to tenants if the Landlord is deemed not to be held responsible.
How best to deal with the problem of infestations?
Like most issues that can take place during a tenancy agreement, the general advice is for landlords and tenants to find common ground and deal with the problem of pests.
A tenant may view the landlord responsible for pest infestation and the landlord may have a view that the tenant should be responsible for pest control treatments.
Issues with pests and infestation problems will not resolve themselves and, if anything, will quickly spiral out of control.
The general advice to a tenant is to encourage your landlord to carry out any repair work that might lead to the infestations (such as covering brick air vents). Tenants should always ensure the house does not attract pests and vermin by taking on board some of the advice shared earlier including not leaving rubbish lying around. Finally landlords also have the option to take out home emergency cover which usually covers pest problems and can cost from under £10/month.
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Remember the information provided in this article is for information purposes only and should not be considered as advice.