|
|
Question Title: Flea Infestation
| Question: 67 |
| Please help me to solve a dispute between my client landlord and her tenant. The tenant has been living in the property for three months and has been a model tenant, he does not have any pets and has not been visited by people who bring their pets. I have no reason to disbelieve what he says; however the flat in which he is living has become infested with fleas. The landlord is refusing to pay for fumigation as she suspects that it is somehow the tenants fault and the tenant is refusing to pay because he feels that the fleas are not his fault. What is the legal situation ?
|
| Answer: |
| Where an infestation of pests occurs, whether fleas or mice etc., the responsibility for extermination will depend upon the cause of the infestation. Generally, there is no obligation on the landlord to ensure that the property does not become infested with pests unless the infestation is as a direct result of the landlord's failure to repair or if it could be proven that the infestation arose from any common area under the control of the landlord. There is an exception to these general principles. Where a property is found to be infested prior to the occupation of the tenant, then the tenant has the right to reasonable enjoyment of the property, and this would include expecting the landlord to take steps to remove the pests, or allow the tenant to give early notice - this was the judgement in a case heard in 1843 (Smith v Marrable). The courts justified this exception on the basis that a prospective tenant of furnished premises did not have unimpeded freedom to inspect those premises to see the nature and quality of everything that he was getting; although we feel that under a contemporary interpretation, this obligation on the landlord would probably now include unfurnished premises. The critical issue here then is to ascertain whether the infestation or the cause of the infestation occurred after the tenant moved into the property. In this case, it is difficult to ascertain the cause of infestation and the responsibility would depend on the facts available. Did the last residents have pets or does the flat form part of a building where pets are present? (fleas are invariably carried into dwellings by cats, dogs and similar hairy pets). The tenant has been in occupation for some considerable time but does not have any pets. However, flea eggs are hardy, can survive dry cleaning chemicals and lay dormant for a considerable amount of time, especially where it is cold, to hatch months later when the heating is turned on, or the weather brightens. Without evidence to the contrary and on the limited facts provided, it is possible, and indeed probable that the infestation (albeit in a dormant form) was present in the property prior to occupation). If this was the case, then the landlord should bear the cost of eradicating the pests.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Update Journal |
Jan 2000 p29, Apr 2005 p19 |
letting-update-journal.html
|
|
Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
|
For more information, discuss on the Forum
|
|
