Infestation

In one English case a council tenant took action against the landlord for cockroach infestation over several years and was awarded damages of £28,650. [1] This is greatly in excess of the amount of £750 awarded in Scotland for about five years of insect infestation. [2]

An infestation may mean the property can be considered not 'reasonably fit for human habitation'. See the section on the Repairing Standard for more information on how the tenant can use this to resolve the matter.

Infestations may be a statutory nuisance under the Environmental Protection Act 1990. If the problem is not resolved or the council takes no action individual occupiers can take action through the courts. For further information, please see the section on using the Environmental Protection Act.

It has been established that a serious infestation may render a property uninhabitable. It was held that the presence of beetles and cockroaches in the property meant that the tenant was entitled to give up the tenancy. [3] The tenant's right to do so was in terms of the common law duty to provide a house that was habitable.

Under the Prevention of Damage by Pests Act 1949 local authorities have a duty to try to keep their districts free from mice and rats. The authority can serve notice on owners and occupiers which may specify treatment at prescribed times and/or the carrying out of structural or other works. This gives them the power, after giving at least 24 hours' notice, to enter any land, to inspect or enforce notices, including the carrying out of treatment or works.