Are You Renting to Pests?

Rats, mice, fleas, bed-bugs, cockroaches, wasps – they’re definitely not the sort of ‘tenants’ you want in your rental property. But if your property does become infested, who is responsible – you or your tenant?

The Landlord’s Responsibilities

As the landlord, you are responsible for ensuring the rental property is habitable at the start of a tenancy. That means you are responsible for the building itself, sanitary provision and utilities as well as heating and ventilation, lighting and insulation.

Having said that, the landlord doesn’t usually give any guarantees that the rental property is free from pests at the start of the tenancy. The exception is if the pests are present because of a problem with the building itself, maybe a hole in a wall where mice can get in, for example. In this case, the landlord has some responsibility for resolving the problem.

Furnished Properties

Another exception is furnished properties where the landlord does give a warranty that the property is free from pests at the beginning of the tenancy. If the tenant then finds that the property has pests, the landlord needs to take measures to deal with the infestation. If he doesn’t, the tenant could declare the tenancy repudiated, move out and sue the landlord for damages.

HMOs

If the property is an HMO, the Management of Houses in Multiple Occupation Regulations come into play. This means a landlord could be prosecuted if the property is not clean (and free from pests) at the start of a tenancy.

The Tenant’s Responsibilities

If pests infest a property during a tenancy, it is usually the tenant’s responsibility to deal with them. If, for example, fleas or bugs come into a property due to the behaviour of the tenant, this could be seen as a breach of the tenant’s implied obligation to use the property in a tenant-like manner.

Common Sense

At the end of the day, common sense should prevail. A landlord should do all they can to ensure their property is free from pests at the beginning of a tenancy which could mean using a professional company to clean the property. And if a property becomes infested with insects or vermin at any point during the tenancy, we would always advise having it dealt with quickly by a professional. Whoever is at fault, the problem needs to be tackled – it’s your property and it’s ultimately you who needs to look after it!