WARNING! This blog is probably not safe for bedtime reading unless you want to itch all night!
In England and Wales, there is no specific pest legislation that covers the presence of bedbugs in rented accommodation. While bedbugs do not usually pose any significant physical health risks, they are considered to be a nuisance pest and can have major psychological effects on people’s wellbeing. This can leads to disputes between landlords and tenants regarding who should bear the cost of professional extermination which can run into hundreds, sometimes thousands of pounds.
To determine responsibility, it is recommended to hire a pest controller or bedbug expert accredited by the British Pest Control Association (BPCA). Their expertise can help establish the party responsible for the infestation and therefore liable for the expenses. A written report from the initial inspection and risk assessment can serve as evidence in court if the matter escalates to that point. In some cases, the local council may also intervene and issue an enforcement letter if the responsible party refuses to take responsibility.
By conducting a professional assessment of the bedbug infestation, including determining the source, level of infestation and presence of nests and eggs, it is possible to estimate the age of the infestation with a high level of accuracy. This information is crucial in clarifying the situation and assigning responsibility.
Now, let’s explore the circumstances under which either the landlord or tenant may be held responsible for treatment.
Landlord’s Responsibility:
If the accredited pest control provider determines that the tenant moved into an already infested property, the landlord or property management agency may be required to cover the cost of bedbug treatment. An average to high level of infestation suggests that the problem has been present for at least two to three months, indicating a pre-existing issue that the new tenant did not cause.
Tenant’s Responsibility:
In cases where tenants have been residing in a property for some time before reporting a bedbug problem, it is likely that they introduced the bedbugs themselves, even if unintentionally. Bedbugs can be unknowingly brought in through travel or visits from guests who carry them in their luggage. In such situations, an inspection would typically reveal a relatively new and low-level infestation. The landlord may refuse to take responsibility, and the tenants may have to bear the cost or share it.
Other Scenarios:
There are rare instances where heavily infested items, such as mattresses or furniture, are carelessly left near the front doors of neighbouring properties, leading to the spread of bedbugs. In such cases, if proper assessment and evidence collection are conducted, the person responsible for leaving the infested items may be held accountable for the treatment under the tort of nuisance. Although it is possible for bedbugs to pass through piping between properties, this is relatively uncommon, and the risk of introduction through this route is low.
Our advice to both tenants and landlords is to take prompt action when encountering a bedbug issue in a property. Swiftly hiring a professional to inspect and assess the situation is crucial in determining responsibility and resolving the problem effectively.
Alexander JLO Solicitors deal with all aspects of Landlord and Tenant law. Why not get in touch on 020 7537 7000 or email peter@london-law.co.uk for a free no obligation consultation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here