Bed bugs in a rented home: your landlord's duty

Direct answer

It depends on the cause. If a bed bug infestation comes from a disrepair problem your landlord is responsible for, or the property was already infested when you moved in, dealing with it is usually their duty. If it was clearly brought in after you moved in, it can be your responsibility. Report it in writing straight away and keep a record.

Bed bugs are small parasitic insects that feed on human blood, usually at night. An infestation can cause skin reactions, sleep loss, and significant distress. So who is responsible for dealing with bed bugs in your rented home? We answer that below.

What are bed bugs?

Bed bugs are flat, reddish-brown insects about the size of an apple seed. They hide in mattresses, bedframes, furniture, behind wallpaper, and in cracks in walls and skirting boards. They do not fly or jump, but they travel easily between rooms and properties, through walls, via pipes, and on furniture or belongings.

Signs of bed bugs include:

• Small red, itchy bites on your skin, often in lines or clusters
• Tiny brown or rust-coloured stains on your bedding (from their droppings or squashed bugs)
• A sweet, musty smell in the bedroom
• Shed skins or eggshells in the folds of your mattress or furniture

Is the landlord responsible for bed bugs?

This depends on how and when the infestation started.

If the property was infested when you moved in

If bed bugs were already present when you moved in, or if they came from a neighbouring flat in the same building through shared walls or pipework, your landlord may well be responsible. The landlord should not let a property with an existing infestation, and a landlord who manages a building must deal with pests that spread from communal areas or neighbouring units.

If the infestation started after you moved in

If you or someone staying with you brought bed bugs into the property, for example, in luggage after travelling, the position is less clear. However, even in this situation, you should still report it to the landlord in writing. If the infestation spreads through the building or if the building's structure makes it hard to treat (cracks in walls, gaps in skirting boards), the landlord may have a duty to assist with treatment.

In a house in multiple occupation (HMO)

In an HMO, the landlord generally has stronger obligations. If bed bugs spread between rooms or from a common area, the landlord is very likely to be responsible for pest control.

What the law says

Under the Homes (Fitness for Human Habitation) Act 2018, a home must be fit to live in. A serious bed bug infestation can make a property unfit. If it does, your landlord must act.

Under Section 11 of the Landlord and Tenant Act 1985, your landlord must repair the structure and exterior of the property. If cracks, gaps, or shared walls are allowing bed bugs to enter from adjacent properties, your landlord may have a duty to deal with those structural routes.

What you should do

1. Report the infestation in writing to your landlord immediately. Describe what you have found and where.
2. Do not throw away your mattress or furniture before checking with your landlord, this may be needed eventually, but throwing things away before the landlord has seen the problem can affect your claim.
3. Photograph the evidence, bites, stains, shed skins, live bugs where you can find them.
4. Keep records of your medical treatment if you seek advice about the bites.
5. Ask the landlord to arrange professional pest control, bed bugs are very difficult to eradicate without professional treatment.

What if the landlord does nothing?

If you have reported the infestation in writing and the landlord has not responded or has refused to act, you may:

• Report to your local council's environmental health team, they have the power to issue improvement notices requiring the landlord to deal with the problem
• Seek legal advice about whether the infestation amounts to a breach of the landlord's duty that you can claim for

Can I bring a disrepair claim?

A bed bug infestation, particularly one that was present when you moved in, or that has spread from a shared part of the building, can form part of a housing disrepair claim. The distress, lost sleep, and any health effects (including skin reactions) can be included as part of the compensation you seek.

When should I contact Support for Tenants?

If your landlord has failed to deal with a bed bug infestation and you are living in an unfit property, call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Environmental Protection Act 1990, Section 82 (legislation.gov.uk)