Pest infestation – your rights

A house should be more than just a roof over your head; it should be a home. We can’t imagine anything worse than your home being raided by pests such as mice, rats, or insects.

If you live in rented accommodation, whether that be through a private landlord, housing association, or local council, and have trouble with pest infestations, we can help you take action to seek a solution and compensation.

Your rights

Under the Housing Health and Safety Rating System (England) Regulations 2005, pests in a property are a prescribed hazard due to the potential health risks they pose to tenants.

The Homes (Fitness for Human Habitation) Act 2018 states that all rented houses and flats need to be ‘fit for human habitation’ and if you have a pest infestation that renders your house not reasonably suitable for occupation in that condition, it will be regarded as unfit for human habitation.

Additionally, under the Defective Premises Act 1972, your landlord is under a duty to take reasonable care that a tenant is reasonably safe from personal injury or from damage to their property caused by a defect to the property. As pests are considered a hazard to your health, this could result in a personal injury claim, not to mention any potential damage they could cause to your belongings.

This duty is owed if the landlord knows or ought to have known of the defect.

What you should do if you have a pest infestation?

You must notify the pest infestation to your landlord, housing association, or local council and must give them the opportunity to remedy the problem. You will not be able to seek legal action if you have either not notified your housing provider/landlord of the issue, or if you have then not allowed them access to remedy the problem.

If they have been given a reasonable time frame to respond and repair the issue to a satisfactory standard and have failed to do so, you could bring a claim to compel the landlord to remedy the problem and claim compensation in addition for the inconvenience and stress caused by their failure to remedy the problem sooner or at all.

If you need legal assistance with your pest infestation

To see how we can help with your housing disrepair claim get in touch with us by:

14 April 2022

Jess Leadbetter, Solicitor