Awaab's Law provisions under the Renters' Rights Act 2025 now require landlords to acknowledge hazard reports (including vermin infestations) within 3 working days and produce a written action plan within 14 days. Missing these deadlines is an independent ground for a Rent Repayment Order.
The legal framework for pest control in rental properties
Three overlapping legal regimes govern pest control responsibility in residential tenancies in England. Understanding which applies in a given situation is the starting point for any landlord receiving a pest infestation complaint.
| Legislation | What it covers | Who it protects |
|---|---|---|
| Section 11 Housing Act 1985 | Landlord's obligation to keep the structure and exterior in repair — including gaps that allow pest entry | Tenants under assured tenancies |
| Homes (Fitness for Human Habitation) Act 2018 (s.9A–9C HA 1985) | Property must be fit at start and throughout — infestation making the home uninhabitable is a breach | Tenants under all residential tenancies under 7 years |
| HHSRS / Housing Act 2004 | Vermin is a Category 1 or 2 HHSRS hazard; council has duty to act on Category 1 | All residential occupiers |
| Awaab's Law (RRA 2025, s.9D–9F HA 1985) | Mandatory response timelines for hazard reports — 3-day acknowledgement, 14-day action plan | Tenants under assured tenancies from 28 June 2026 |
When the landlord is responsible
The landlord bears the cost and legal obligation to remedy pest infestations in the following circumstances:
- Structural entry points: Gaps in foundations, failed pointing, cracked render, open duct runs under floors, and damaged airbricks allow rodents to enter. These are Section 11 structural repairs.
- Defective drainage: Broken shared drains attract rats — drain maintenance is a landlord obligation on the shared structure.
- Damaged roof or eaves: Open soffits, damaged fascias, and roof void access allow birds, squirrels, and rodents to enter ceiling voids.
- Pre-existing infestation: Any infestation present before the tenancy began is a landlord liability under the FFHH Act — the property was unfit at the start.
- Communal area infestations: Infestations in shared corridors, bin stores, basements, and communal gardens are unambiguously the landlord's responsibility.
- Bedbugs where the property was not inspected at the start: Without evidence that the property was free of bedbugs at the start of the tenancy, the landlord cannot credibly argue the tenant introduced them.
When the tenant is responsible
The Homes (Fitness for Human Habitation) Act 2018 includes a tenant-default defence (Section 9C): the landlord is not liable where uninhabitability arises entirely from the tenant's own breach. Tenant responsibility arises where:
- Accumulated food waste or rubbish creates a pest habitat — the tenant is failing their obligation to keep the property clean
- Hoarding to an extent that creates conditions for rodents or insects to nest within the property
- Unauthorised pets that introduce fleas, ticks, or mites where the tenancy prohibits pets or requires consent
- Tenant damage to the building fabric — broken internal floorboards, holes in internal walls — that creates pest entry points which would not otherwise exist
- Inadequate waste disposal — failure to use refuse bins, leaving food in bags in the garden — that attracts rodents or foxes
A professional pest survey that identifies the pest species, the scale of infestation, and the likely entry point or cause is the single most important piece of evidence in any pest dispute. Commission one before determining liability — and keep it for the compliance file regardless of who bears the cost.
Step-by-step: responding to a pest infestation report
- Acknowledge the report in writing within 3 working days — this starts your Awaab's Law compliance clock and protects your position
- Inspect the property and commission a professional pest survey by a BPCA or NPTA-registered contractor within 14 days
- Identify the cause: structural entry point (landlord's obligation) or tenant conduct (tenant's obligation)
- For structural infestations: commission professional treatment AND fix the structural entry point — treatment without the fix means re-infestation
- For tenant-caused infestations: issue a written remediation notice to the tenant requiring them to remedy the conditions causing the infestation and to commission and pay for treatment
- Carry out a follow-up inspection to confirm eradication
- Document everything: acknowledgement email, survey report, photographs, treatment invoice, follow-up confirmation — keep in the property compliance file
Bedbugs: the disputed case
Bedbugs generate more landlord-tenant pest disputes than any other species because the origin of an infestation is genuinely difficult to prove. The courts have generally held:
- Bedbugs present before the tenancy: Landlord's liability — the property was unfit at the start. An inventory or check-in report noting no signs of bedbugs is the landlord's best evidence that the tenancy began infestation-free.
- Bedbugs arising during the tenancy: More likely the tenant's issue if the property was demonstrably free of them at the start (from their furniture, travelling, guests). But the burden of proof falls on the landlord to establish the property was free at the start.
- Bedbugs in neighbouring properties: Where infestation spread from a neighbouring flat (common in blocks), the building owner bears the remediation cost — the issue is structural (shared wall cavities).
- Treatment costs are high (£300–£800+ for professional heat treatment or multi-visit chemical treatment). Where cause is genuinely unclear, many landlords absorb the cost rather than dispute through adjudication — model the cost of each path before deciding.
HHSRS vermin hazard and council enforcement
Under the Housing Health and Safety Rating System, vermin falls under the 'Domestic hygiene, pests and refuse' hazard category (HHSRS hazard 27). A Category 1 rating means the hazard poses a serious and immediate risk:
- The local authority has a duty (not a discretion) to act when it identifies a Category 1 HHSRS hazard
- Typical enforcement: Improvement Notice requiring remediation within a specified time (commonly 28 days for pest hazards)
- Non-compliance with an Improvement Notice is a criminal offence — unlimited fine and/or Rent Repayment Order
- The council can carry out emergency works if the landlord fails to comply and recover the cost from the landlord
- A council Improvement Notice triggers Rent Repayment Order eligibility — tenants can apply to the First-tier Tribunal for up to 12 months' rent repaid
LetSafe UK pest control documents
- Landlord Compliance Checklist (LS-E-020): Covers the full property inspection workflow including HHSRS hazard assessment checklist, pest indicators, damp and mould checks, and Awaab's Law acknowledgement-letter template.