Pest Infestation: Is the Landlord Responsible?
Driscoll Kingston & Co Limited · 1 August 2026 · 8 min read
When is a landlord responsible for pests?
Landlord responsibility is more likely where rats, mice, cockroaches or other pests result from holes in the structure, broken vents, defective drains, common areas, a building-wide problem or conditions present at the start of the tenancy. The landlord may need to repair the cause even if a pest-control contractor also treats the infestation.
Are rats or mice the landlord's responsibility?
They can be where rodents enter through structural holes, broken drains, defective vents or poorly managed common areas, or where the infestation pre-dated the tenancy. The tenant may be responsible where their conduct caused the problem. Inspection should identify entry routes and building-wide causes.
When might the tenant be responsible?
A tenant may be responsible where avoidable food waste, poor hygiene, pet treatment or damage they caused created the infestation. Landlords should not assume tenant fault without investigating. Ordinary occupation, reporting pests or having children does not by itself establish responsibility.
How should I report an infestation?
Report the pest type, sightings, droppings, noises, bites, entry points and affected rooms. Attach dated photographs where safe and request inspection of structural gaps, drains and common areas. Keep pest-control reports and avoid using dangerous unapproved chemicals.
Who pays for pest control in a rented property?
Payment follows responsibility rather than a universal rule. A landlord may need to pay for treatment and proofing where the cause is disrepair or within their control. A tenant may bear the cost where their actions caused the infestation. Treatment alone does not replace structural repairs.
Can the council inspect?
Yes. The local council can assess hazards under the Housing Health and Safety Rating System. It may inspect the property and consider enforcement where conditions are serious. Local authority pest-control services differ, and treatment charges do not determine legal responsibility for the underlying disrepair.
Does Awaab's Law apply to pests?
Current Phase 1 applies to all emergency hazards and significant damp and mould hazards in English social housing. A severe infestation could fall within Phase 1 only if it meets the emergency-hazard test. Government plans bring domestic-hygiene significant hazards into Phase 2 on 30 November 2026. Until then, existing repair, fitness, tenancy and council-enforcement duties still matter.
What evidence is useful?
- Photos of pests, droppings, nesting and entry points.
- Repair reports and dates of every sighting.
- Pest-controller or council inspection reports.
- Evidence the problem affects other flats or common areas.
- Receipts for reasonable treatment or damaged belongings.
- Medical evidence for bites, allergies or illness where relevant.
Can I claim compensation?
Potentially, where a landlord breached an applicable duty and caused proven loss or harm. Compensation is not automatic merely because pests are present. The origin, notice, access, response, duration and evidence all matter.
What if the infestation is spreading?
Tell the landlord that the condition is worsening, request coordinated building treatment and contact the council. Seek medical help for illness and emergency help where there is immediate danger. Keep rent payments separate from the dispute and obtain advice before withholding any sum.
This article provides general legal information only. It does not constitute legal advice on any specific case. Awaab's Law Claims Specialists is a trading name of Driscoll Kingston & Co Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 839699).
