Pests and vermin are an issue no landlord wants to face but unfortunately they can arise in rental properties from time to time. When they do they can quickly become a serious concern for tenants and may lead to disputes if responsibilities are unclear.
Common problems can include:
- Mice
- Rats
- Cockroaches and other insects
- Fleas
- Bedbugs
- Wasps’ nests
A question we are often asked at Horizon Lets is who is actually responsible for dealing with the problem the landlord or the tenant? The answer will usually depend on when the infestation started and what caused it.
If the Pests Were Present at the Start of the Tenancy
If vermin or pests were already in the property before the tenancy began responsibility will almost always sit with the landlord.
This applies even if the issue was caused by a previous tenant. For example if bedbugs were introduced during an earlier tenancy but are only discovered after new tenants move in the landlord would still be expected to resolve the problem.
Landlords have a duty to ensure that a property is safe habitable and in good condition at the start of a tenancy. In some cases infestations may not become obvious immediately but if the root cause existed before the current tenants moved in the landlord is generally responsible for treatment and any associated repairs.
If the Problem Develops During the Tenancy
When pests appear after tenants have been living in the property for some time responsibility depends on the cause of the infestation.
For example the landlord is likely to remain responsible if:
- Rats are entering through holes in external walls or damaged brickwork
- Damp caused by leaking pipes is attracting insects
- Structural defects or maintenance issues are contributing to the problem
In these situations landlords are normally expected to repair the underlying issue and arrange appropriate pest control treatment provided the damage was not caused by the tenant.
When the Tenant May Be Responsible
There are also situations where the infestation is caused by how the property is being occupied or maintained by the tenant.
Examples may include:
- Food waste being left out and attracting rats or insects
- Excess rubbish not being disposed of correctly
- Poor housekeeping leading to flies, maggots or fleas
Where there is clear evidence that the infestation has resulted from tenant behaviour the tenant may be responsible for the cost of treatment.
In practice landlords should still act quickly to resolve the issue to protect the property and neighbouring homes but they may be able to recover the costs from the tenant if responsibility can be demonstrated.
What Happens if Nobody Is Clearly at Fault?
In some cases there may be no obvious cause or no clear party responsible.
Under current legislation landlords are required to ensure that rental properties remain fit for human habitation throughout the tenancy. This means that where responsibility is uncertain the landlord may still need to arrange treatment to ensure the property remains suitable for occupation.
Preventing Pest Problems in Rental Properties
The best approach is always prevention. Regular property inspections, prompt maintenance and clear communication with tenants can help reduce the likelihood of infestations becoming serious problems.
At Horizon Lets we work with landlords to help manage property maintenance issues quickly and professionally ensuring both landlords and tenants are supported when problems arise.
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