Discovering cockroaches in the kitchen, rodents in the roof, or termites around the property can quickly lead to an uncomfortable question: who is responsible for arranging and paying for pest control?
In New South Wales, there is no single rule that makes either the landlord or tenant responsible for every pest problem. Responsibility generally depends on when the infestation began, what caused it, and whether a defect in the property allowed pests to enter.
Understanding these factors can help landlords and tenants respond promptly, avoid unnecessary disputes, and prevent the infestation from becoming more serious.
When Is the Landlord Usually Responsible?
Landlords are generally responsible when pests or vermin were already present at the beginning of the tenancy. Rental properties must be provided in a reasonably clean condition and be fit for the tenant to live in.
For example, the landlord may be responsible when:
- Cockroach droppings or live cockroaches are found shortly after the tenant moves in
- Rodent activity was already present in the roof, walls or cupboards
- The entry condition report records signs of an existing pest problem
- Previous tenants had reported the same infestation
- A building defect has allowed pests to enter
- Termite activity affects the structure or timber components of the property
A landlord may also be responsible when poor property maintenance contributes to an infestation. Gaps in walls, damaged roof sections, leaking pipes, broken vents or poorly sealed doors may provide pests with access to the home.
NSW landlords are required to maintain rental properties in a reasonable state of repair. Therefore, when pests are entering because necessary repairs have not been completed, responsibility is less likely to fall on the tenant.
When Is the Tenant Usually Responsible?
Tenants are generally responsible when their actions or lack of cleanliness have caused or substantially contributed to the pest problem.
Examples may include:
- Leaving food scraps or dirty dishes exposed for long periods
- Allowing rubbish to accumulate inside or around the property
- Failing to clean food spills that attract cockroaches or ants
- Leaving pet food uncovered
- Bringing infested furniture or belongings into the home
- Failing to report an emerging pest problem before it becomes worse
NSW Government guidance states that tenants are generally responsible for removing pests when an infestation begins after they move in and is caused by their activities or lack of cleanliness.
However, the presence of pests during a tenancy does not automatically mean the tenant caused the problem. Cockroaches, mice, ants and other pests can enter clean homes through plumbing gaps, wall cavities, roof spaces and neighbouring properties.
The cause should be investigated before responsibility is assigned.
What Happens When the Cause Is Unclear?
Many pest-control disputes arise because neither party can immediately prove where the infestation came from.
When responsibility is unclear, relevant evidence may include:
- The original condition report
- Photographs taken at the beginning of the tenancy
- Previous pest-control invoices
- Maintenance and repair records
- Reports from neighbours or previous occupants
- A pest technician’s inspection findings
- Evidence of building gaps, leaks or structural damage
- The tenant’s cleaning and waste-management practices
The history of the property can be particularly important. If the same pest has repeatedly appeared across several tenancies, this may suggest an ongoing property or building issue rather than something caused by the current tenant.
NSW Government guidance recommends considering the property’s history, the condition report, and whether circumstances beyond the tenant’s control contributed to the infestation.
Who Pays for Termite Control?
Termites are different from many common household pests because they can cause structural damage and are rarely the result of a tenant’s everyday behaviour.
In most rental situations, termite inspection and treatment would generally be a matter for the property owner. The landlord is responsible for maintaining the premises in reasonable repair, while tenants should report signs of damage or suspected termite activity as soon as possible.
Possible termite warning signs include:
- Hollow or weakened timber
- Mud-like tubes around walls or foundations
- Blistered paint or timber surfaces
- Discarded wings near doors and windows
- Doors or windows becoming difficult to open
- Timber that appears damaged from the inside
Tenants should not disturb suspected termite activity, remove damaged timber, or apply supermarket insect spray. Disturbing the area may cause termites to move elsewhere and make it harder for a professional to assess the infestation.
A licensed technician should inspect the property before any Termite Pest Control treatment is selected. The treatment method will depend on the termite species, the extent of the activity, the building design and the areas affected.
What About Pest Problems in Strata Properties?
Pest responsibility can become more complicated in apartments, townhouses and other strata properties.
The owners corporation is generally responsible for maintaining and repairing common property, while individual owners are responsible for areas within their own lot.
For example, the owners corporation may need to become involved when pests are coming from:
- Shared roof spaces
- Common walls or service cavities
- Basement and parking areas
- Communal rubbish rooms
- Shared gardens
- Building exteriors
- Common drainage systems
The landlord or managing agent may need to contact the strata manager when the infestation is connected to common property.
Tenants should usually report the issue to their landlord or property manager rather than arranging major treatment in shared areas themselves. When pesticides are applied to common areas of multi-occupancy residential buildings, residents must also receive the required notification.
Can a Tenant Arrange Pest Control Directly?
A tenant may be able to arrange pest control when they clearly caused the issue or have agreed to handle the treatment. However, it is generally wise to notify the landlord or property manager before booking a technician.
This is especially important when:
- The treatment may involve structural areas
- Other units could be affected
- Access to the roof, subfloor or common property is required
- Termites or timber damage are suspected
- The tenant intends to request reimbursement
- Chemicals will be applied around children, pets or shared spaces
Arranging treatment without first communicating with the landlord can create disagreements about access, cost and responsibility.
Where possible, tenants should describe the problem in writing, attach photographs and ask how the landlord or agent wants to proceed.
What Should Tenants Do After Finding Pests?
Tenants should report the problem promptly instead of waiting for the infestation to spread.
A written report should include:
- The type of pest seen
- Where the activity was found
- When it was first noticed
- Photographs or videos where possible
- Any visible entry gaps or property damage
- Whether the problem is getting worse
Tenants should keep copies of emails, photographs, pest reports and other relevant records. These may help establish when the problem began and whether property defects contributed to it.
Tenants should also continue taking reasonable steps to keep the property clean, store food securely and dispose of rubbish properly while the issue is being investigated.
What Should Landlords Do After Receiving a Report?
Landlords and agents should respond promptly and avoid assuming that the tenant caused the infestation without evidence.
Depending on the circumstances, the next steps may involve:
- Reviewing the entry condition report
- Asking when the pest activity began
- Inspecting the affected areas
- Arranging repairs to entry points or water leaks
- Contacting the strata manager
- Booking a qualified pest technician
- Reviewing reports from previous treatments
Delaying an inspection may allow pests to spread and increase the eventual cost of treatment. This is particularly important with termites, rodents and widespread cockroach activity.
How Can Pest-Control Disputes Be Resolved?
The first step should usually be for the tenant, landlord or agent to review the tenancy agreement and discuss the problem directly.
Requests, responses and any agreement reached should be kept in writing. NSW Government guidance recommends that parties first try to resolve tenancy disputes themselves and maintain written records of requests and agreements.
If the parties cannot agree, they may seek information or assistance from NSW Fair Trading. Depending on the situation, the matter may also be taken to the NSW Civil and Administrative Tribunal.
Independent pest reports, condition reports, photographs and maintenance records can be valuable when determining responsibility.
Preventing Future Pest Problems
Landlords and tenants both have a role in reducing pest risks.
Landlords can help by maintaining the property, sealing entry gaps, repairing leaks and responding to building defects. Tenants can reduce pest attraction by keeping food sealed, cleaning spills, managing rubbish and reporting warning signs early.
Regular communication is especially important in strata buildings, where an infestation may extend beyond one apartment.
Final Thoughts
In NSW, responsibility for pest control depends primarily on when the infestation began and what caused it.
The landlord will generally be responsible when pests were present at the start of the tenancy, when the property is not in reasonable repair, or when a structural defect has allowed pests to enter. The tenant may be responsible when their actions, belongings or lack of cleanliness directly caused the infestation.
Termite activity, structural damage and pests originating from common property usually require involvement from the landlord, property manager or owners corporation.
Because every situation is different, both parties should document the problem, communicate in writing and obtain a professional assessment where the cause is uncertain.
This article provides general information and is not legal advice. Landlords and tenants should refer to their tenancy agreement and seek guidance from NSW Fair Trading or a qualified tenancy adviser for their individual circumstances.
