When pests invade a rental property, it’s a situation no landlord or tenant wants to face. Mice, rats, bedbugs, wasps and other pests can not only be a nuisance but also pose significant health and safety risks. In such cases, it’s crucial to understand who is responsible for dealing with the infestation — the landlord or the tenant?
In the UK, pest control responsibilities can sometimes be unclear, so let’s break down the expectations and obligations for both parties.
The Landlord and Tenant Act 1985 places a responsibility on landlords to maintain a property in a habitable condition. On 20 March 2019 a new law came in which amended the Landlord and Tenant Act. The Homes (Fitness for Human Habitation Act) 2018Homes (Fitness for Human Habitation Act) 2018 was introduced to make sure that rented houses and flats are ‘fit for human habitation’ at the beginning of the tenancy and throughout. The Act didn’t introduce any new obligations but requires landlords to meet their existing responsibilities to provide rental properties that are safe, healthy, and free from things that could cause serious harm. This includes making sure that the property is free from infestations that could affect the health and safety of the tenant.
Under section 11 of the Landlord and Tenant Act 1985, landlords must maintain the structure and exterior of the property, in a way that prevents pests from entering in the first place. For example, if pests gain access due to cracks in the walls or gaps in windows, the landlord must address these structural issues and make the necessary repairs. See our guide to landlords’ and tenants’ maintenance responsibilities for more guidance on property maintenance.
Important reminder – landlords should always carry out a check-in inventory at the start and a check-out out at the end of a tenancy. It’s also important to conduct periodic inspections throughout the tenancy. These reports are essential in documenting the condition of the property, including when it comes to any pest problems that may arise, as they will show whether the issue was present at the start of the tenancy. Having clear evidence is vital if legal action is taken or if you need to make an insurance claim or a claim against the tenant’s deposit. Read our ultimate guide to inventory and schedule of condition and our ultimate guide to inspecting your rental property and for further information.
Tenants are responsible for pest control if the infestation results from their actions or neglect. Poor housekeeping, such as leaving dirty dishes or allowing rubbish to accumulate, can attract pests like mice and cockroaches. If the tenant’s failure to properly store food or dispose of waste leads to the infestation, they are responsible for addressing the issue.
However, if an infestation arises due to the property’s structure or external factors that the tenant couldn’t control, the landlord will typically be responsible for managing the issue. Tenants should always notify their landlord if they notice any signs of pests so that action can be taken quickly before the problem gets worse.
Since most landlord insurance policies do not cover damage caused by pests such as insects and vermin, it’s important to educate tenants on how to prevent pest infestations. It’s a good idea to discuss this with them at the start of the tenancy and provide tips and information on waste disposal in a welcome pack. Make sure they know to report any signs of pest infestations promptly. Total Landlord will pay for the cost of removing wasp or bee's nests from buildings (up to a maximum of £250 for any one claim).
Rats can pose serious risks, including damage to property, contamination of food, and the spread of diseases, so it’s important for landlords to act promptly when such an issue is reported. Under the Landlord and Tenant Act 1985, the landlord must maintain the property to make sure that it is free from any infestations that could pose a health hazard.
Similarly to rats, landlords are also responsible for dealing with mice infestations if they result from structural issues or external factors. Mice can enter properties through small cracks, gaps, or other weaknesses in the building's exterior. If a tenant reports a mice infestation, the landlord is required to investigate and resolve the problem, which could include fixing any entry points and arranging for pest control.
Landlords are legally required to address pest infestations in the property if it falls under any of the following circumstances:
If you fail to address a pest infestation after being notified by your tenant, they have the right to contact the local council for assistance. Local authorities can step in if the property is considered unsafe or unhealthy due to the pest problem. The council may carry out an inspection and, if necessary, issue formal orders for you to carry out repairs or implement pest control measures. Failing to address these issues can lead to legal consequences, so it’s in your best interests to respond swiftly to any pest-related concerns.
Our deposit protection partner, mydeposits, has put together a case study relating to an pest infestation of bed bugs, with useful tips on how to avoid this situation from happening to you.
