If you suspect you may have a mouse infestation in your rented home, you may wonder if you should take on the responsibility of pest control or whether this falls on the landlord.
The truth is, there is no “one size fits all” answer here; it largely depends on who is at fault for the infestation in the first place. But what does this mean?
In this blog, we’ll look into the question of who is responsible for mice in a rented property, what steps you should take to solve the problem and what options you have for housing disrepair claims.
What Are the Laws on the Responsibility of Pest Control?
While there is no law that outright states the responsibility for pest control in specific circumstances, several acts, such as the Landlord and Tenant Act (1985), do establish certain expectations for both landlords and tenants regarding behaviour and the property’s condition.
These include:
- The law requires landlords to keep properties fit for human habitation and free from hazards, including pest infestations, but does not detail every possible scenario.
- Responsibility is generally determined by the cause of the infestation and the tenancy agreement. For example, landlords must address infestations caused by structural defects or pre-existing issues, while tenants are responsible if their actions (like poor hygiene or improper rubbish disposal) cause the problem.
- Local councils and courts interpret these general obligations when disputes arise, often using the Housing Health and Safety Rating System (HHSRS) as a standard for enforcement.
When is it a Landlord’s Responsibility?
A mouse infestation is the landlord’s responsibility in the following circumstances:
- The infestation is caused by structural defects or disrepair—for example, holes in walls, gaps around pipes, broken doors or windows, or other entry points that the landlord should have maintained or repaired.
- The infestation was present before the tenant moved in, indicating the property was not fit for habitation at the start of the tenancy.
- The tenancy agreement states the landlord is responsible for pest control or for keeping the property in a “good and habitable state”.
- The infestation makes the property unsafe or unfit to live in, affecting the tenant’s health or well-being.
When is it the Tenant’s Responsibility?
A mouse infestation becomes the tenant’s responsibility when the infestation is caused by the tenant’s actions or neglect. This typically includes situations such as:
- Failing to properly dispose of waste attracts mice into the property.
- Poor housekeeping or hygiene, such as leaving food out, not cleaning up crumbs, or allowing bins to overflow.
- Not taking reasonable steps to keep the property clean and tidy, as required by the tenancy agreement or the general duty to act in a “tenant-like manner”.
- Ignoring instructions or guidance provided by the landlord regarding pest prevention and property care
Is This Different in HMOs?
HMO landlords have slightly more responsibility when it comes to infestations in shared housing. If there is a rat infestation in shared areas of the property, then this will fall solely on the landlord.
However, if the tenants are to blame for the infestation, then the same rules apply: the tenant will be responsible for dealing with the problem.
Spot the Signs of Infestation
The earlier you can tackle a mouse infestation, the better. Always keep an eye out for any evidence of mice, such as droppings, gnaw marks and even nests in your home.
If you have a rodent infestation, you may not always see them around your house, so these signs mustn’t go unnoticed.
Your First Steps
No matter the situation or who you believe the responsibility should fall on, you should always let your landlord know if you suspect a mouse infestation. Not only does this keep them informed, but it can help develop a better relationship with your landlord, meaning you can work together more effectively.
When informing your landlord, it is important that you keep all communications documented. If your landlord does not cooperate, you will be able to prove that they were informed and did not deal with the issue promptly.
Once your landlord has been informed, you can then try to find the source of the infestation to make sure that they cannot return when you are rid of them. If your landlord is refusing to help you, then you can inform your local council, which can then advise you on what to do next.
Key Takeaways
- There’s no one-size-fits-all rule—responsibility depends on the cause of the infestation.
- In HMOs, landlords are responsible for infestations in shared areas unless tenants are at fault.
- Look out for signs like droppings, gnaw marks, or nests to catch infestations early.
- Always report infestations to your landlord in writing as a first step.
- If your landlord won’t act, contact your local council or seek legal advice.
Struggling With Housing Disrepair? Allow Us To Help!
If you have a rodent problem and don’t believe it’s your fault, there could be a greater problem with your house that your landlord should be taking care of. Housing disrepair is a concern for many social housing tenants across the country, which is why CEL Solicitors is here to help!
We can help you claim compensation for housing disrepair left unattended by your landlord – better yet, you won’t have to pay anything up-front! Our no-win, no-fee policy allows you to receive an expert service with little concern about the cost.
If you have previously made a successful claim with other solicitors in the past, but no action has been taken, we can also help with repair breach claims to make sure they are held accountable for their duties as per your previous agreement.
Get in touch with us today for a free, no-obligation session with a member of our team, and we’ll make sure that you get the proper care you deserve. You can call us on 0330 822 3752.
