Concerns about cockroaches, fleas, mosquitoes and rats increase over the summer months. But the issue of who is responsible for pest control is not clear cut.
The Act does not make a specific reference to pest control but a clause can be included in the special terms of a tenancy agreement.
Before signing an agreement with a special pest control clause, all parties should be aware of what it means and how it applies to the tenancy.
However, a landlord, property manager or provider can't specify a particular company or product be used to control pests or request a set fee for the pest control of premises. Consideration should also be given to the standard of the property at the start of the tenancy and anything the tenant may have done to contribute to a pest problem.
Under the legislation, tenants have a responsibility to leave the premises in the same condition as it was when they moved in, with the exception of fair wear and tear, and landlords are responsible for ensuring the property is in good repair and meets any health and safety laws.
If the premises were pest free at the beginning of a tenancy and the tenant kept pets, the tenant may be responsible for pest control at the end of the tenancy.
If there is evidence that a property was pest controlled when the tenant moved in and it is included in the special terms of the agreement, then a tenant may also be responsible for pest control at the end of the agreement.
If the pests are there due to structural or environmental problems and no fault of the tenant, such as flooding, then it is generally considered the landlord's responsibility.
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