Pest problems: Should they be left to the landlord?

Living with an infestation is never ideal, but when you’re in rented accommodation it can feel extra stressful. There’s confusion about who’s at blame and who has the responsibility to fix it.  If you’re living in a rented property, or you're a landlord looking for advice, here’s the next steps to getting an infestation resolved and your home back to normal. 

What is considered an infestation? 

An infestation is a large nest, colony or group of insects, rodents or parasites that damage your property, contaminate food or spread disease.  Seeing one or two ants around your home is usually nothing, but when you can identify a large number of insects or rodents regularly appearing - you’re probably housing an infestation. 

When should you contact your landlord?  

An infestation is a risk to human health and the property’s structural integrity. Because of this, you should notify your landlord immediately after noticing an unusual number of rodents or critters around your home. Whether your landlord is responsible or not depends on the circumstances, but they can only act once they are notified of a problem. So, it’s important that you let them know straight away.  

Who is responsible for dealing with an infested rental property? 

Despite the landlord owning the property, they’re not always responsible for resolving the infestation. You may be responsible if the infestation is caused by something you did or failed to do. An example of this is failing to empty the rubbish bin. If the smell has attracted rats, then you have to deal with them yourself. 

However, your landlord may be responsible if: 

• Your tenancy agreement declares them responsible for keeping your home in a good and habitable condition. 
• Your landlord failed to do something they were supposed to. This may be failing to fix a hole in the wall or repair a water leak. 

It’s irrelevant whether the infestation was there before you moved in or appeared after you moved in, you may still not be at fault. 

Renting from the council or a housing association

Under Awaab’s Law, your landlord must make your home safe within 24 hours if the infestation is an ‘emergency hazard’. 

An emergency hazard is described as something that could cause serious harm to household members, if it’s not fixed right away. 

If your landlord cannot resolve the issue completely right away, they must offer you alternative accommodation until it can be. 

Can the council help? 

When you're renting from the council or housing association, the local council has legal powers to deal with infestations in your home. 

Infestations that are a risk to your health are a statutory nuisance. And where there’s a statutory nuisance, the council can force landlords into action. Infestations may also be considered a hazard under the Housing Health and Safety Rating System. This means the council will have a duty to act. 

Even if you’re renting privately, you can still ask your local council for advice, but you may have to pay for pest control yourself. 

What should your landlord do next? 

Once you’ve settled on the responsible party, tackling the infestation should be a priority. If the landlord is at fault they should: 

• Arrange a visit from pest control, to guarantee the infestation is completely cleared. 
• Oversee all necessary repairs to keep the property structurally sound and prevent repeated infestations.

It’s important to note, if the problem is nesting birds, there’s legally nothing your landlord or the council can do until the birds have left the nest. 

The Wildlife and Countryside Act 1981 makes it illegal to damage, destroy or move an active nest. 

Instead, the nest should be left alone until completely abandoned. Then, the landlord or council should consider calling a professional to properly and safely install bird control measures.  

Final thoughts 

Dealing with an infestation in a rented property can seem confusing, but it’s all about communication.  Alerting your landlord to any issues immediately allows them to act quickly and resolve the problem. If you’re living in a council property they should also be notified straight away.  The next steps involve contacting a pest control specialist and taking every possible precaution to keep your home safe and healthy to live in.