Bed bugs: is the landlord responsible?

More Londoners rent than in any other part of the country, and many live in flats and shared houses where bed bugs spread easily. So “who pays?” is often the first question after “how do I get rid of them?”. This guide covers England. It is general information, not legal advice; your tenancy agreement and the facts of your case matter.

The landlord’s basic duty

For the whole of a tenancy, a landlord in England has to keep the home fit to live in. When environmental health officers inspect a rented home they use the Housing Health and Safety Rating System (HHSRS), and pests are on its list of hazards.

Shelter, the housing charity, sets out when the landlord is responsible for pests in general:

• If the infestation was there when you moved in, the landlord should deal with it.
• If it is caused by disrepair the landlord should have fixed, it is their job.
• In shared areas of a block, the landlord is responsible if they own the whole building; otherwise they should report it to whoever does.
• Landlords should arrange pest control and should not charge the tenant if the problem is theirs to fix.

Why bed bugs are different

With mice or rats, there is often a hole or a broken air brick to point to. Bed bugs are harder. They arrive on belongings, so they could have come in with the tenant, a previous tenant, a visitor or from the flat next door. They can also survive months without feeding, so an empty flat between tenancies can still have them.

The National Residential Landlords Association (NRLA) recognises this. Its advice line has told landlords that because bed bugs can occur regardless of how clean a tenant is, and blame is hard to pin down, landlords should generally pay for treatment and act quickly with a professional firm rather than shop-bought products.

When a tenant might be asked to pay

According to the NRLA, a landlord may pass on the cost, or take it from the deposit, only where:

• the tenant’s own actions clearly caused the infestation, for example bringing in an infested second-hand mattress, and
• the tenancy agreement has a clause that allows it.

Even then, it can be hard to prove. A landlord who wants to recover the cost would need good evidence, and a deposit protection scheme will look at that evidence if the tenant disputes it.

HMOs and shared houses

In a house in multiple occupation, rooms are let separately but tenants share a kitchen, a bathroom and often furniture. Bed bugs found in one room are likely to reach others, and the shared sofa is a common hiding place.

In practice, the landlord of an HMO is best placed to deal with it, because only they can arrange access to every room and the shared areas at once. Treating one tenant’s room while the rest of the house is left rarely works.

Blocks of flats

If you rent a flat in a block, the bugs may have come from a neighbour. Shelter says landlords usually do not have to deal with pests coming from a neighbouring property, but your landlord can raise it with the freeholder or managing agent, and you can contact the council if neighbours will not act.

If you rent from a council or a housing association, report it to them. Many arrange treatment for their own tenants, sometimes across the block.

What tenants should do

1. Report it in writing, straight away. Email or message the landlord or agent with what you have found, when, and any photos. Keep a copy.
2. Do not try to treat it yourself first. Sprays and foggers scatter bed bugs and can make the job bigger. The NHS says removing them yourself is very difficult.
3. Allow access. You should normally get at least 24 hours’ notice for a pest control visit.
4. Follow the preparation sheet. Wash and bag as asked, clear the floor, and keep sleeping in your own bed. See how to prepare for bed bug treatment.
5. Keep paying rent. Shelter advises against withholding rent. If you pay for treatment yourself, try to agree a rent reduction first.

If the landlord does nothing

If your landlord ignores the report or refuses to act, contact your council’s environmental health team. They can inspect the home and, if pests are a hazard, require the landlord to deal with them. Shelter also says you may be able to claim compensation for disruption and damage to belongings.

What landlords should do

• Act within days, not weeks. A one-room problem is far cheaper than a whole-house one.
• Use a professional firm, ideally a member of a trade body such as the BPCA.
• Treat or at least inspect the rooms or flats around the one reported.
• Keep a written record: dates, the inspection finding, rooms treated, follow-up visits and invoices.
• Check between tenancies, especially in furnished lets.

For typical prices across several rooms, see bed bug treatment for landlords, HMOs and hotels.

Getting help

Whether you are a tenant or a landlord, we can find a bed bug specialist who covers your London borough, inspects and gives a fixed price. An inspection report is also useful evidence if there is any dispute about what was found.