Unwanted Visitors……..

31 08 2011

Sometimes we suffer the inconvenience of unwanted little visitors but whose responsibility is it to have them removed, Landlord’s or Tenant’s? 

Here is the advice our legal team gave:

 

 Question

Who is responsible for the removal of a wasp’s nest.

Answer

 Generally it is the tenant, but if the tenant has just moved into the property and the problem was pre exisiting the Landlord should pay for this.

Question

 A house attached to one of our rental properties has a mouse infestation and they have now come into our property. The infestation started before the tenants moved in. The tenants want us, the letting agent, to sort this out. The tenancy agreement says the tenants have a duty to pay for infestation.

Answer

 As the problem was there before the tenants moved in, the Landlord should take responsibility for the cost of rectifying the situation. This could be an HHSRS (Housing Health & SafetyRating System) issue.

Question

We’ve had several instances of bedbugs in the same block of flats. Could we ask the block managers for help? Surely if they are spreading they need to be stopped quickly.  Are these included in the tenants responsibility for pests and insects etc?

Answer

 Usually any infestation during a tenancy, unless there is something to suggest that it was present when the property was let to the tenant, is the tenants’ responsibility. However, in this case the tenants must be aware that others in the block are also subject to this problem and therefore might argue, subject to how long they have been there and how long the problem has been in the building,that this problem was present when they moved in. I agree that this problem needs to be addressed quickly and, in view of the fact that the problem is not confined to one flat but seems to be widespread in the building, the block managers should be ask to aid in resolving this.

 

 

 

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