A pest or vermin infestation can quickly turn a rental property from a comfortable home into an uninhabitable space. But whose responsibility is it to address these issues? Both landlords and tenants need to understand how property disrepair can contribute to infestations and what their respective roles may be. This article outlines the relevant legal framework and highlights factors surveyors may observe in disrepair cases.

What Legal Obligations Do Landlords Have Regarding Mice, Cockroaches, or Rats?

In England and Wales, landlords have a legal obligation to ensure rental properties are free from serious hazards that may affect a tenant’s health or safety. This responsibility is set out in the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, which require properties to be kept in good repair and fit for habitation throughout the tenancy.

The Housing Health and Safety Rating System (HHSRS)—used by local authorities to assess housing conditions—includes Hazard 15, which covers domestic hygiene, pests, and refuse. This highlights the importance of maintaining the property’s structure and facilities to minimise conditions that could encourage infestations.

• Where an infestation arises as a result of disrepair—such as structural defects allowing pest ingress—landlords may be responsible for remedying both the disrepair and the resulting infestation.
• Local councils have powers to intervene in some cases, including serving enforcement notices where serious hazards are identified.
• Tenants may be able to take legal action if a landlord has failed to address disrepair-related issues following reasonable notice.

However, if an infestation stems primarily from the tenant’s actions (for example, inadequate hygiene, poor food storage, or failure to dispose of waste properly), the responsibility for dealing with it is likely to rest with the tenant. Tenancy agreements often include provisions that clarify responsibilities for pest control and cleanliness, and these should always be reviewed carefully.

Pests in the Context of Housing Disrepair and Fitness for Human Habitation

A property may be considered unfit for human habitation if its condition poses a significant risk to the health or safety of occupants. A severe infestation, particularly where it disrupts daily living or causes a health hazard, can be a contributing factor in such assessments. Infestations are sometimes linked to underlying disrepair, particularly in older or poorly maintained properties.

Some common conditions that can contribute to infestations include:

• Structural defects such as gaps in walls, damaged vents, or unsealed pipes that provide entry points for pests.
• Dampness and mould, which may create favourable conditions for certain insects, including cockroaches.
• Poor waste disposal or drainage issues, which can attract vermin.
• Neglected communal areas in multi-occupancy buildings, where pests can spread between units.

Where tenants have reported issues and landlords have not taken reasonable steps to address them, tenants may be able to seek remedial action. Whether the property would be deemed legally “unfit” will depend on the facts of each case and the severity of the conditions.

What Can Surveyors Report On in Disrepair Claims?

In disrepair claims, surveyors are often instructed to assess whether the condition of a property may have contributed to an infestation. Their role typically involves observing and reporting on property features that might allow pests to enter or thrive, rather than providing definitive conclusions about responsibility.

During an inspection, a surveyor may:

• Note potential entry points such as gaps around pipes, damaged brickwork, or poorly sealed windows and doors.
• Record structural issues like defective drainage, broken seals, or holes that could attract or harbour pests.
• Comment on environmental factors such as dampness, condensation, or poor ventilation that could encourage infestations.
• Document clear evidence of pest activity, such as droppings, nesting materials, gnaw marks, or sightings of vermin.

This type of evidence can assist the court or parties in understanding whether disrepair has played a part in creating conditions conducive to pests. It forms part of the wider assessment alongside other evidence, including tenant reports, photographic records, and maintenance histories.

Final Thoughts

It is in all parties’ interests to maintain properties in good condition to minimise the risk of infestations and potential disputes. Regular inspections, timely repairs, and good communication between landlords and tenants can help ensure a healthier living environment.

If you require advice or expert input on disrepair claims involving pest infestations, our team is happy to discuss how we can assist.