Wasps and bees: is it your landlord's problem?

Finding a wasp nest or bee colony in or near your rented home is alarming. Whether your landlord has to deal with it depends on where the nest is, what kind of tenancy you have, and whether it is causing a real problem.

When is your landlord responsible?

Your landlord's repair duties under Section 11 of the Landlord and Tenant Act 1985 cover the structure and exterior of the property. If a wasp nest has established itself inside the roof space, in the cavity walls, or in an outbuilding that forms part of the let, this falls within the landlord's responsibility to address.

The Homes (Fitness for Human Habitation) Act 2018 requires your home to be free from hazards to health and safety. Wasps inside a roof void or within a wall cavity can enter the living space and are a genuine safety risk, particularly for anyone with an allergy to stings.

If you have reported the nest and your landlord has failed to act within a reasonable time, they are likely in breach of their duty.

When might you be responsible?

If you brought waste or food into the garden that attracted wasps to build a surface nest, your tenancy agreement may place some responsibility on you for normal pest management. However, a nest inside the structure of the building is not the tenant's problem to solve.

For nests in shared external areas, gardens, outbuildings, communal spaces, the responsibility usually rests with whoever is responsible for maintaining those spaces, which is typically the landlord or managing agent.

What about bees?

Bees are a protected species and you should not attempt to destroy a bee colony yourself. If a swarm or colony takes up residence in your home or roof, contact a local beekeeping association, they can often relocate the colony safely. Let your landlord know and ask them to arrange or help fund removal. If the colony is inside the structure of the property, this is part of the landlord's maintenance responsibility.

What to do

Step 1: Report in writing. Email or message your landlord describing the location of the nest, when you noticed it, and any risk it poses (for example, a family member is allergic to stings).

Step 2: Keep evidence. Photograph the nest if safe to do so. Keep a note of when you reported it and any response you received.

Step 3: If no action, escalate. If your landlord does not respond within a reasonable time given the risk, you can contact your local council's environmental health department. They have powers to require landlords to deal with infestations.

Step 4: Seek advice. If the infestation is causing you distress, you are spending money on pest control that should be the landlord's responsibility, or you feel your home is no longer safe, you may have a disrepair claim.

Can you withhold rent?

Withholding rent is risky and can put you in arrears, which could lead to eviction proceedings. It is not the right first step. Get advice before withholding rent.

When should I contact Support for Tenants?

If your landlord has refused to deal with a wasp nest or bee colony in your home and you have suffered as a result, we may be able to help you bring a disrepair claim.

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

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

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