Who Is Responsible for Pest Control in a Rental Property?
Pest control responsibility in a rental property is one of the most common points of dispute between landlords and tenants in NSW. Understanding the legal framework prevents misunderstandings and ensures both parties meet their obligations.
The Short Answer
Generally speaking:
- Landlords are responsible for pest problems that existed before the tenancy began, or that arise from the structure of the property or a failure to maintain it
- Tenants are responsible for pest problems that arise during the tenancy as a result of their own actions (poor hygiene, attracting pests)
However, the line between these two categories is often blurry in practice.
Landlord Obligations Under the Residential Tenancies Act 2010 (NSW)
A landlord must provide and maintain the property in a state of reasonable repair, having regard to the age, character and prospective life of the premises. This includes:
- Ensuring the property is fit for habitation at the start of the tenancy
- Addressing structural issues that allow pest entry (gaps in foundations, damaged eaves, unsealed pipes)
- Treating pest infestations that pre-date the tenancy or arise from structural defects
Landlords must also provide the property in a reasonably clean condition at the start of a tenancy — including being free of pests.
Tenant Obligations
Tenants must keep the property in a reasonably clean and tidy condition. A tenant-caused pest problem — resulting from leaving food scraps, not managing waste properly, or other hygiene failures — is generally the tenant’s responsibility to resolve.
Tenants must also notify the landlord or agent promptly if a pest problem arises that they believe is not their fault, to allow the landlord the opportunity to address it.
Common Scenarios and Liability
| Scenario | Usually Responsible |
|---|---|
| Termites found in structural timber | Landlord |
| Cockroach infestation at start of tenancy | Landlord |
| Rat problem due to gap in foundation | Landlord |
| Cockroaches after 12 months of tenancy / poor hygiene | Tenant |
| Fleas left by previous tenant’s pets | Landlord (pre-existing) |
| Fleas during tenancy (tenant has pets) | Tenant |
| Bed bugs introduced by tenant’s travel | Tenant |
What Landlords Should Do to Protect Themselves
- Commission a pre-tenancy pest inspection before every tenancy — this provides a dated baseline and documents any existing pest activity
- Include pest management conditions in the tenancy agreement (e.g., tenants must treat flea infestations caused by their pets)
- Maintain records of all pest treatments carried out at the property
- Address structural vulnerabilities that allow pest entry — this limits liability and protects the asset
Pestyologist provides pre-tenancy pest inspections and treatment for landlords and property managers across Sydney. Contact us today.