Who is responsible for pest control in a rental property in NSW?
Responsibility for pest control in a New South Wales rental property depends on when the issue occurs. Landlords are responsible if pests are present when you move in. Tenants are generally responsible if the infestation happens during the tenancy due to their actions, such as failing to keep the property clean or properly managing household rubbish.
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How it works in practice
Determining who pays for pest control in NSW depends heavily on timing and property conditions.
Landlord Responsibilities
In New South Wales, the landlord must provide the rental property in a reasonably clean state and fit for habitation. If a pest infestation, such as fleas, cockroaches, or mice, is present at the start of your tenancy, it is the landlord's legal responsibility to arrange and pay for professional pest control.
They are also responsible if the pest issue is caused by a structural defect in the property. For example, if rodents are entering through broken roof tiles or a damaged wall that the landlord failed to repair, they must resolve both the structural issue and the resulting infestation.
Tenant Responsibilities
Tenants must keep the property reasonably clean during the lease. If an infestation occurs after you have moved in, and it is linked to a lack of cleanliness or poor rubbish management, you will likely be responsible for the extermination costs.
For example, if you leave food scraps out or fail to dispose of garbage regularly, resulting in ants or cockroaches, the landlord can hold you liable. Additionally, if you keep pets on the property, you are typically required to complete a professional flea treatment at the end of your tenancy.
Important exceptions
There are a few notable exceptions regarding pest control liability in NSW.
If a pest infestation is caused by the strata or body corporate failing to maintain common areas, neither the individual tenant nor the landlord is directly responsible for the extermination. The owners corporation must handle the treatment.
Additionally, if pests such as termites or possums invade the property, this is almost always the landlord's responsibility regardless of when it occurs, as tenants cannot cause or prevent these specific types of structural or native animal invasions.
Finally, social housing tenants may have different pest control policies through the Department of Communities and Justice.
What you should do now
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Document the pest infestation immediately by taking clear photos or videos of the pests and any property damage.
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Check your condition report to see if there were any notes about pests or cleanliness issues when you first moved in.
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Notify your landlord or property manager in writing about the pest issue, requesting them to arrange extermination if it is their responsibility.
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Keep your rental property clean and ensure all rubbish is properly disposed of to prevent the landlord from blaming you for the infestation.
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Contact NSW Fair Trading or the Tenants' Union of NSW for advice if the landlord refuses to take action for a structural or pre-existing pest issue.
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