Rats, mice, cockroaches or bed bugs in a rented flat raise an immediate question: who arranges and pays for treatment? In Scotland the answer depends on the cause of the infestation, and tenants have a formal route to the First-tier Tribunal if a private landlord does not deal with a repair problem. This article summarises Shelter Scotland’s advice on pests and the Scottish Government’s statutory guidance on the Repairing Standard for private landlords. It applies to Scotland only. Separate articles cover England and Wales. It is general information, not legal advice.
The starting point: cause of the problem
Shelter Scotland says a landlord must deal with pests caused by repair problems, and gives examples such as damp, loose tiles or structural holes that let pests in. It says the same principle applies to social tenants, whose landlord is a council or housing association, where the infestation stems from a maintenance failure. A gap under a door or a broken air brick that gives rodents access is therefore a repair matter, while a problem caused by how a household stores food or manages waste is treated differently.
Tenants, according to the same guidance, are responsible for keeping the home clean enough to avoid attracting pests, for reporting repair problems promptly and for following the reporting procedure that applies to their type of landlord. Prompt written reporting also creates a record, which matters if the case goes further.
The Repairing Standard for private rented homes
The Scottish Government’s statutory guidance for private landlords sets out the Repairing Standard. Among its core elements, the house must be wind and water tight and in all other respects reasonably fit for human habitation. The structure and exterior, including drains, gutters and external pipes, must be in a reasonable state of repair, and installations for water, gas, electricity, sanitation, heating and hot water must work properly. The guidance page read for this article does not mention pests or infestations by name, so nothing here should be taken as saying that the standard lists pest control as such. Its relevance is indirect: where a defect in the structure, drainage or fabric is letting pests in, the repair obligation is engaged, in line with the Shelter Scotland advice.
Neighbour-caused problems
Shelter Scotland notes that where neighbours cause an infestation in shared areas or in an adjoining property, they bear responsibility for dealing with it. The council’s environmental health team can investigate complaints, order neighbours to remedy the problem, carry out pest control work and bill the responsible parties, and provide guidance and help. For the England and Wales equivalent of these council powers, see the site’s article on filthy and verminous premises; the sources for this article do not describe the Scottish statutory basis, so no legislation is cited for it here.
What if the tenant caused it?
Where the infestation was not caused by a repair defect, Shelter Scotland lists the options for a tenant: council pest control, which may involve charges, or a private pest control firm, which it describes as higher cost. It also points to crisis grants for emergency financial help and charitable grants through Turn2Us. Cost and responsibility can be argued differently depending on who caused the problem, so it is sensible to gather evidence early. The site’s guide to reporting the problem and establishing responsibility explains what to record.
When the landlord does not act
Under the Scottish Government’s guidance, a tenant who believes the Repairing Standard is not being met can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a determination. Vulnerable tenants may ask their local authority to apply on their behalf. When appropriate, the Tribunal issues a Repairing Standard Enforcement Order requiring specific repairs, and failing to carry out repairs required by such an order without reasonable excuse is a criminal offence. If a landlord does not comply, the Tribunal will send a copy of its failure-to-comply decision to the local authority, which can decide to carry out the work and recover the costs from the landlord. The Tribunal may also issue a Rent Relief Order restricting the rent payable until the order is complied with.
Persistent infestations
Shelter Scotland says tenants who cannot get rid of persistent pests may consider a homelessness application if conditions become uninhabitable, but that proper procedures for ending a tenancy must be followed. Because leaving a tenancy has consequences, advice from Shelter Scotland or a local advice service is sensible before deciding.
Common questions
Does the Repairing Standard mention rats or mice?
The guidance page read does not name pests. It covers fitness for habitation and the state of the structure, exterior and installations, which is how repair-related infestations engage it.
Who pays if pests come from next door?
Shelter Scotland says neighbours who cause an infestation are responsible, and that environmental health can require them to act or do the work and bill them.
Does this apply in England or Wales?
No. The Tribunal, the Repairing Standard and the enforcement order described here are Scottish.
The bottom line
In Scotland, a landlord must deal with pests caused by repair problems, neighbours must deal with pests they cause, and tenants must keep the home clean and report problems promptly. Private tenants whose landlord fails to act on a repair issue can apply to the First-tier Tribunal, which can issue an enforcement order backed by criminal penalties and council default powers. Written reports and dated evidence give the strongest footing.
Sources
- Shelter Scotland, “Dealing with pests, vermin or infestations in your home” (scotland.shelter.org.uk)
- Scottish Government, “Repairing Standard: statutory guidance for private landlords, 6. Repairing Standard – enforcement” (gov.scot)
- Scottish Government, “Repairing Standard: statutory guidance for private landlords” (gov.scot)