Bharat SainiLast Updated on June 15, 2023 by Bharat Saini
When living in rented accommodation, unsuspected visitors are the last thing on your mind. Unfortunately, pests are a fact of life and every tenant will come across issues at some point. Dealing with pests in the home often involves investment in traps and other methods, which can include calling in expert help. All of this costs money, which leaves tenants wanting to know if landlords are responsible for pest control.
When Pest Control Falls to the Landlord
Landlords are legally obliged to ensure their properties are fit for purpose, which means it’s structurally sound and has provisions for basic needs including gas, electricity, water, and heating. Taking this into consideration, a landlord may be responsible for pest control in these circumstances:
- A furnished property was already infested before a tenant’s start date.
- Necessary repairs were neglected and it caused an infestation.
- The tenancy agreement clearly states they’re responsible.
Neglected Repairs and Pest Infestations
Pests enter the home through all types of cracks and crevices, which is why repairs need to be dealt with straight away. If a tenant reports an issue and it’s delayed, pests can enter the property, which will need to be dealt with. To most common pest-attracting repairs include damage to the external walls and leaky pipes.
Is Pest Control Covered in a Tenancy Agreement?
Answering this question can become a little tricky because not all tenancy agreements are the same. Some agreements will explicitly state “The [landlord or tenant] is responsible for dealing with infestations”. However, in a lot of cases, the wording is a little vaguer and includes lines stating the landlord has to keep the premises “fit for living” or in “good condition”.
Pests aren’t only a physical nuisance, they can cause serious health conditions like eczema, asthma, and mental health issues. Therefore, if a tenant’s property isn’t physically fit to live in, the landlord might be responsible for arranging a Pest Control London business to deal with the situation.
Furnished Properties and Infestations
If a tenant moves into a furnished property and discovers an infestation on the first day, then the landlord would automatically be responsible. However, if a pest infestation is found after the start of the tenancy, an investigation would be launched into the cause. After all, if the pests are there because a tenant is living in filth, the landlord shouldn’t be expected to cover any costs associated with sorting the issue.
The rules shift a little when the property is unfinished. For example, if a rat infestation is found at the start of an unfurnished tenancy in the UK, then an investigation would still take place to find out where it came from. After all, the rats may have moved into the property because of external factors.
When Pest Control is the Tenant’s Responsibility
Landlords are responsible for ensuring a property is fully functional, but a tenant is responsible for taking care of the property. Therefore, if an infestation is caused by a tenant’s actions, then fixing the issue would fall to them. For example, if the furniture that’s been sat on the side of the road is bought into the property, the chances are there’d be an eruption of bugs at some point. Alternatively, the cleaning may have been left for a few weeks, in which case mice and other pests may be invited into the home.
Is an Infestations Grounds to Withhold Rent?
Coming across a pest infestation is never ideal, and it can feel like a fantastic idea to withhold rent until the issue is dealt with. However, by doing so, the contract would be in breach because of failure to pay rent. However justified, not paying rent can lead to complications including eviction notices. Therefore, while the issue of pest control liability is being determined, it’s essential to continue paying rent as if nothing was wrong.
A landlord’s responsibility for pest control is often tied to issues relating to how fit a property is to live in, including ignoring maintenance requests. Tenants become responsible if issues with pests are caused by their direct actions, like not keeping the property clean. The best action for tenants and landlords is to work together to reach an agreement about pest control, which should be easy to establish given a signed agreement is in place.
