Rodent & pest infestation

If your council or housing association home has rats, mice, cockroaches, or other pests, your landlord may be legally responsible — not you. Under the Homes (Fitness for Human Habitation) Act 2018 and Section 11 of the Landlord and Tenant Act 1985, landlords must keep your home free from serious health hazards. When rodents enter through structural defects — holes in walls, damaged brickwork, broken vents, or gaps at floor level — the infestation becomes a landlord liability. You may be entitled to force permanent repairs and claim financial compensation on a no win no fee basis.

Free consultation: 0800 612 4690 (9am–9pm, 7 days a week)

How Rodents and Pests Enter Your Home — The Structural Connection

Rats and mice rarely appear without a way in. The most common entry points are structural defects that your landlord is legally required to fix:

• Holes in external walls or cavity brickwork — rats can squeeze through gaps as small as 1cm
• Damaged or missing air bricks and vents — original building components the landlord or freeholder must maintain
• Gaps around pipework penetrating external walls — where water pipes, waste pipes, or cables pass through
• Defective or rotten skirting boards and floorboards — allowing access from below floor level
• Broken basement or cellar access points
• Damaged roof spaces with holes in the eaves — an entry route for both rodents and pigeons
• Poorly sealed communal bin store areas — a landlord responsibility in blocks of flats and estates

Why this matters legally: Under Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for maintaining the structure and exterior of your property. Structural entry points are structural defects. When those defects allow pests to enter, the infestation is your landlord’s responsibility to resolve — permanently sealing the entry points as well as carrying out extermination.

The Health Dangers of Rats and Mice in the Home

Rodent infestations are not just unpleasant. They are a serious health hazard, particularly for elderly residents, children under five, pregnant women, and anyone with a compromised immune system.

Rats carry:

• Leptospirosis (Weil’s disease) — spread through contact with rat urine. Can cause kidney failure and is potentially fatal if untreated.
• Salmonellosis — contracted through food or water contaminated by rat droppings.
• Hantavirus — a serious respiratory risk spread through exposure to rodent droppings, urine, or nesting materials.
• Rat bite fever — a bacterial infection transmitted through bites or scratches.

Mice carry:

• Salmonella — contaminating food surfaces and stored food through droppings and urine.
• Listeria — particularly dangerous for pregnant women and newborns.
• Lymphocytic choriomeningitis (LCMV) — a viral infection spread through mouse droppings and nesting materials.

Mental health impact: Persistent infestations cause documented psychological harm. Sleep disturbance, hypervigilance, anxiety, and fear of cooking or eating at home are consistently reported by tenants living with unresolved pest problems.

Under the Housing Health and Safety Rating System (HHSRS), pest infestations can be assessed as Category 1 hazards — the most serious category, requiring local authorities to take action against the landlord.

Your Landlord’s Legal Obligations

Three pieces of legislation apply directly to pest infestations in rented homes:

Homes (Fitness for Human Habitation) Act 2018 Your home must be fit to live in at all times. A property infested with rats, mice, cockroaches, or other vermin is legally unfit for habitation. Under the 2018 Act, you can bring a claim directly against your landlord without first going through the Housing Ombudsman.

Section 11, Landlord and Tenant Act 1985 Your landlord must keep in repair the structure and exterior of the property. This includes walls, floors, ceilings, roofs, windows, and external drainage. Where pests are entering through structural defects, your landlord’s duty to repair applies directly.

Awaab’s Law (Social Housing Regulation Act 2023) Effective from October 2025 for social landlords (councils and housing associations), Awaab’s Law sets strict response deadlines for hazards including serious infestations:

• 24 hours to respond to emergency hazards
• 14 days to investigate other hazards
• 7 weeks to begin repair work

If your landlord has missed these deadlines after being notified in writing, you have strong grounds for a claim.

Pre-Action Protocol for Housing Conditions Claims Before legal proceedings begin, your solicitor will issue a formal letter of claim to your landlord. This sets out the required repairs and the compensation sought. Most landlords settle at this stage rather than proceed to court.

Who Is Responsible — and Who Is Not

Your landlord is legally responsible when:

• Pests are entering through structural defects in the building
• The property was already infested when you moved in
• Communal areas — bin stores, basements, shared hallways — are the source of the infestation
• You have reported the problem in writing and the landlord has failed to act

You may be responsible if:

• You have left significant food waste uncovered that is directly attracting pests
• The infestation is entirely within your own belongings (for example, bedbugs in second-hand furniture you brought into the property)

Important: Landlords routinely attempt to blame tenants for infestations. If your property has visible structural entry points — holes, cracks, damaged masonry, broken vents — that legal argument does not hold. An SRA-regulated solicitor can document the structural defects and establish liability on your behalf.

What Compensation Can I Claim?

Compensation depends on the severity of the infestation, how long it persisted, and whether health or property damage resulted:

Compensation covers: the distress and discomfort of living with pests, damage to personal belongings (contaminated food, damaged furniture or clothing), health conditions caused or worsened by the infestation, and any pest control costs you paid yourself.

How Housing Disrepair Helpline Can Help

We work with a panel of SRA-regulated solicitors who specialise in housing disrepair claims against councils and housing associations across England and Wales.

Our process:

1. Free consultation — we assess your situation and explain your options at no cost and no obligation
2. Connect you with a specialist solicitor — experienced in pest infestation claims specifically
3. Issue a formal pre-action letter — your solicitor writes to your landlord requiring permanent repairs and compensation
4. Compel structural repairs — the objective is permanent eradication: sealed entry points, professional extermination, and reinstatement of damaged areas
5. Negotiate your compensation — covering discomfort, damage to belongings, and any health impacts

No win, no fee: No upfront payment. If your claim is unsuccessful, you pay nothing. If successful, your landlord covers your legal costs; your solicitor takes up to 25% of your compensation.

You are protected from eviction: Making a housing disrepair claim does not affect your tenancy. You are protected under the Deregulation Act 2015 and the Renters’ Rights Act 2025.

Our success rate is 97%.

Housing Associations and Councils

We handle pest infestation claims against all social landlords in England and Wales, including:

Clarion Housing, Peabody, L&Q, Hyde Housing, Sanctuary Housing, Notting Hill Genesis, Places for People, Home Group, Riverside Housing, Metropolitan Thames Valley (MTVH), and all local councils.

What Our Clients Say

Very helpful team, easy to talk, understanding of my concerns, thorough explanation of the future actions to be taken, as well as agreement guidance. Highly recomended. Nada, Trustpilot 5 Stars. 

Frequently Asked Questions

• My landlord says pests are my fault. Can I still claim?
  • If your property has structural entry points — holes in walls, damaged brickwork, broken vents, gaps at floor level — your landlord cannot legally blame you for the infestation. Section 11 of the Landlord and Tenant Act 1985 makes the structure and exterior of the property the landlord’s responsibility. Contact us for a free assessment of your case.
• Do I need to contact the Housing Ombudsman before making a claim? 
  • No. You can go directly to a solicitor. The Housing Ombudsman route is slower, limited in the compensation it can award, and does not compel the same level of structural repair that a legal claim achieves. Most of our clients bypass the Ombudsman entirely.
• What if rats or mice are coming from communal areas or a neighbouring flat? 
  • Communal areas — bin stores, basements, shared hallways, and external grounds in blocks of flats — are your landlord’s responsibility to maintain. If the infestation source is communal, your landlord is liable regardless of whether the problem physically entered your individual flat.
• How long do I have to make a claim? 
  • In most cases, you have six years from the date you first reported the problem in writing to bring a claim. You can still claim even if you have since moved out of the property, for the period during which you lived there.
• What evidence do I need for a pest infestation claim? 
  • Key evidence includes: written records of complaints to your landlord (emails, letters, WhatsApp messages), photographs of rodents, droppings, damage to food or belongings, and structural entry points, any pest control or council environmental health reports, and medical records if your health or a family member’s health was affected.
• How long does a pest infestation disrepair claim take? 
  • Most claims resolve within 3 to 9 months. Where a landlord cooperates after receiving the pre-action letter, straightforward cases can settle within 3 to 6 months.
• I am a leaseholder. Can I claim if my freeholder won’t fix the building structure? 
  • Yes. Leaseholders and shared owners have a legal route if their freeholder fails to maintain the building fabric or communal areas that are allowing pests to enter. Call us for a free consultation to assess your specific situation.