Determining precisely who is responsible for pests, landlord or tenant, can be a grey area. But what guidance does the law give us? The following questions and answers should help guide you through relevant legislation and the most well known case law and determine just who might be responsible for pests:

1. Do the pests present an infection hazard to any potential occupant or visitor? Yes – go to 2 No – go to 4 (see A)

2. Is the risk of infection the result of inadequate and unhygienic provision for storage or disposal of household waste? Yes – Landlord responsibility No – go to 3 (see B)

3. Have the pests accessed the dwelling and harboured within the dwelling as a result of a deficiency in the exterior of the dwelling or structural elements of the dwelling? Yes – Landlord responsibility No – go to 4 (see C)

4. Were pests present at start of tenancy? Yes – go to 5 No – go to 6

5. Was the property let furnished? Yes – Landlord responsibility No – go to 6 (see D)

6. Is the lease for less than 7 years? Yes – go to 7 (see E) No – Tenant responsibility. Tenant expected to do those little jobs about the place that a reasonable tenant would do (see G) goto 8

7. Has the pest problem been caused by the landlord not keeping in repair the structure or exterior of the dwelling-house or installations of the dwelling-house? Yes – Landlord responsibility (see F) go to 8 No – Tenant responsibility. Tenant expected to do those little jobs about the place that a reasonable tenant would do (see G) goto 8

8. Are the pests rats or mice in substantial numbers? Obligation for occupier of land to notify the local authority in writing of rats and mice. Local authority may serve on the owner or the occupier of the land notice requiring reasonable steps to be taken for the destruction of rats or mice.  (See H)

Have I missed or mis-interpreted anything?

A. Schedule 1 S15 of The Housing Health and Safety Rating System (England) Regulations 2005 – http://www.legislation.gov.uk/uksi/2005/3208/schedule/1/made

B. Schedule 1 S15 2) of The Housing Health and Safety Rating System (England) Regulations 2005

C. Schedule 1 S15 3) of The Housing Health and Safety Rating System (England) Regulations 2005

D. Smith v Marrable (1843) http://www.letlink.co.uk/case-law/disrepair/smith-v-marrable-1843.html

E.  S13 of Landlord and Tenant Act 1985 http://www.legislation.gov.uk/ukpga/1985/70

F. S11 of Landlord and Tenant Act 1985 http://www.legislation.gov.uk/ukpga/1985/70

G. Warren v Keen (1954) http://www.letlink.co.uk/case-law/disrepair/warren-v-keen-1954.html

H. Prevention of Damage by Pests Act 1949 http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/55