If pigeons or other birds are getting into your home through gaps in the roof, eaves, or vents, fixing the entry point is your landlord's legal
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The short answer
If pigeons or other birds are getting into your home through gaps in the roof, eaves, or vents, fixing the entry point is your landlord's legal responsibility. The resulting mess and any health risk also give you grounds to pursue a disrepair claim.
Why is this the landlord's responsibility?
Birds do not simply appear inside a home. They get in through a structural failure: a broken roof tile, an open eave, a damaged vent cover. That structural failure is covered by Section 11 of the Landlord and Tenant Act 1985, which requires your landlord to keep the structure and exterior of your home in good repair.
Once birds have been roosting for any length of time, the fouling, feathers, and nesting material they leave behind create a separate set of problems. At this point two further laws become relevant.
The Homes (Fitness for Human Habitation) Act 2018 requires that your home is fit to live in throughout your tenancy. A loft or ceiling void filled with bird fouling, with associated smell and health risk, can make your home unfit under this Act.
The Housing Health and Safety Rating System (HHSRS) covers biological hazards. Bird fouling is recognised as a biological hazard under HHSRS, and a local council environmental health officer can assess and act on it.
The health risk is real
Pigeon droppings can carry a number of pathogens, including psittacosis (also called parrot fever), Salmonella, and fungal spores. If you or anyone in your household has been unwell and you believe it may be connected to the infestation, see your doctor and ask them to note the possible link. This strengthens any disrepair claim.
The Environmental Protection Act route
If the fouling is causing a serious smell, or if you believe it amounts to a health risk to you or your neighbours, you may be able to use Section 82 of the Environmental Protection Act 1990. This allows a tenant to take the landlord directly to the Magistrates' Court for a statutory nuisance. You must first give the landlord 21 days' written notice of your intention to do so. If the court agrees the nuisance exists, it can order the landlord to fix it and may award you costs.
What if my landlord says "it's just nature"?
This argument does not hold up. Birds roosting inside the fabric of a building are there because the building has a structural defect. The landlord's duty under Section 11 is to fix that defect. A tenant should not have to tolerate an infestation because wildlife took advantage of a hole in the roof.
What you should do
- Report the problem to your landlord in writing. Email is best because it creates a clear record with a date.
- Include photos of the entry point and of the fouling or nesting material.
- Ask your landlord to do two things: block the entry point, and arrange professional cleaning of the affected area. Both are needed.
- If you have symptoms you think may be related to the infestation, see your doctor and keep a note of any appointments or treatment.
- Keep copies of everything you send and receive.
Is the law the same in Wales?
Yes. Section 11 of the Landlord and Tenant Act 1985, the Fitness for Human Habitation Act 2018, and Section 82 of the Environmental Protection Act 1990 all apply in Wales.
When should I contact Support for Tenants?
Contact us if:
- Your landlord has not taken steps to seal the entry point or clean up after you reported the problem
- The fouling is causing a smell, health symptoms, or damage to your belongings
- You want to understand whether an EPA Section 82 notice is appropriate in your situation
- You have been living with this problem for more than a few weeks 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 and not guaranteed; every case is different.
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