Pigeons or other birds getting in through gaps in the roof, eaves or vents? Fixing the entry point is the landlord's legal job. The mess left behind, and any
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The short answer
Pigeons or other birds getting in through gaps in the roof, eaves or vents? Fixing the entry point is the landlord's legal job. The mess left behind, and any health risk, also give you grounds for a disrepair claim.
Why is this the landlord's responsibility?
Birds never simply appear inside a home. They enter through a structural failure: a broken roof tile, an open eave, a damaged vent cover. Section 11 of the Landlord and Tenant Act 1985 covers that failure, making the landlord keep the structure and outside of your home in good repair.
Birds roosting for any stretch of time leave fouling, feathers and nesting material, a separate set of problems. Two further laws then come into play.
The Homes (Fitness for Human Habitation) Act 2018 requires the home to stay fit to live in through the whole tenancy. A loft or ceiling void full of bird fouling, with its smell and health risk, can make a home unfit under the Act.
The Housing Health and Safety Rating System, the HHSRS, covers biological hazards, bird fouling among them. A council environmental health officer can assess and act on it.
The health risk is real
Pigeon droppings can carry disease: psittacosis, also called parrot fever, Salmonella, and fungal spores. Has anyone in the household been unwell in a way that might tie to the infestation? See your doctor and ask them to note the possible link. That strengthens any claim.
The Environmental Protection Act route
Fouling causing a serious smell, or a health risk to you or your neighbours, may open Section 82 of the Environmental Protection Act 1990. It lets a tenant take the landlord straight to the magistrates' court over a statutory nuisance. The landlord must first get 21 days' written notice of your intention. Where the court agrees the nuisance exists, it can order the fix and may award you costs.
What if my landlord says "it's just nature"?
The argument fails. Birds roost inside a building's fabric because the building carries a structural defect, and Section 11 makes the landlord fix it. No tenant should have to live with an infestation because wildlife found a hole in the roof.
What you should do
- Report the problem in writing. Email works well: a clear, dated record.
- Add photos of the entry point and the fouling or nesting material.
- Ask the landlord for two things: the entry point blocked, and the affected area professionally cleaned. Both are needed.
- Symptoms that might tie to the infestation mean seeing your doctor, and noting every appointment.
- Keep copies of everything sent and received.
Is the law the same in Wales?
Broadly, yes, though Wales runs its own housing law. The Renting Homes (Wales) Act 2016 gives most Welsh renters similar repair and fitness rights through their occupation contracts. Section 82 of the Environmental Protection Act 1990 applies in Wales too.
When should I contact Support for Tenants?
Contact us if:
- The entry point stays unsealed, or the mess uncleaned, after your report
- The fouling causes a smell, health symptoms, or damage to belongings
- You want to know whether an EPA Section 82 notice fits your situation
- Weeks have passed with the problem and nothing has been done
Call us free 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
- Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Environmental Protection Act 1990, section 82 (legislation.gov.uk)
- Housing Health and Safety Rating System (HHSRS) guidance (GOV.UK)
Related articles
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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