Handling Pest Problems
Know when the landlord or tenant is responsible across Australia and New Zealand
Landlords Must Provide a Pest-Free Property at the Start of Tenancy
Before a tenant moves in, the property must be free from:
- Cockroaches
- Rodents
- Ants
- Spiders
- Fleas (unless caused by a previous tenant's pet)
- Wasps/bees in walls or roof cavities
- Termites
- Any infestation that affects health or habitability
A clean, pest-free start is essential for legal compliance, protecting your property, and supporting future bond claims. Always provide an entry condition report with photos documenting a pest-free property at the start of the lease.
Landlords Are Responsible for Pest Issues Caused by the Property Itself
If pests appear due to structural, environmental, or building-related causes, the landlord must arrange and pay for treatment. This includes:
- Gaps, holes, or cracks in walls
- Roof leaks
- Moisture or drainage issues
- Poor ventilation
- Damaged flyscreens
- Overgrown vegetation
- Neighbouring infestations
Termites: Always Landlord Responsibility
Termites are always a landlord responsibility — no exceptions in any jurisdiction across Australia or New Zealand. Termites indicate a structural problem, and landlords must arrange professional treatment and make structural repairs.
Seasonal Surges
Seasonal surges of pests such as ants, cockroaches, and rodents are common and typically fall under the landlord's responsibility to manage and treat. These surges often result from environmental factors like weather changes, nearby vegetation, or neighbouring infestations.
However, if it is clearly established that the tenant's behaviour has caused or significantly contributed to the pest problem—such as poor cleanliness, improper waste disposal, or neglecting to report issues promptly—the tenant may be held responsible for treatment costs.
Tenants Are Responsible for Pests Caused by Their Behaviour
Tenants must keep the property reasonably clean and avoid attracting pests. They are responsible for treatment when pests arise due to:
- Poor hygiene
- Leaving food out
- Overflowing rubbish
- Excessive clutter
- Unclean pet areas
- Failure to report issues early
Pet-Related Fleas: Always Tenant Responsibility
Flea infestations caused by a tenant's pet are always the tenant's responsibility across all states and New Zealand. The tenant who owns the pet must arrange and pay for flea treatment. Include this clearly in your lease.
How to Handle a Pest Problem Fairly (Step-by-Step)
Step 1 — Gather Information
Ask the tenant:
- When the issue started
- Where pests are appearing
- For photos or videos
- Whether they've taken any steps
Step 2 — Determine the Likely Cause
Use this simple rule:
- Property issue → landlord responsibility
- Tenant behaviour → tenant responsibility
- Unclear → landlord arranges inspection (best practice)
Step 3 — Act Promptly
If it's your responsibility:
- Book a licensed pest controller
- Fix the underlying cause (gaps, leaks, moisture)
- Document everything
If it's the tenant's responsibility:
- Provide clear instructions
- Set a reasonable timeframe
- Request proof of treatment
Step 4 — Prevent Recurrence
Address:
- Entry points (gaps and cracks)
- Moisture issues (leaks, drainage)
- Garden overgrowth
- Waste storage areas
- Ventilation problems
Step 5 — Document Everything
Keep:
- Photos of the problem
- Messages and written communication
- Pest control invoices
- Inspection notes
- Entry condition report
This protects you during bond claims. If a pest issue arises later, documented evidence that it wasn't present at start-of-tenancy strengthens your position if the tenant tries to claim it from the bond.
What to Include in Your Tenancy Agreement
Recommended Clauses
- Property will be provided in a pest-free condition
- Tenant must keep the property clean to avoid attracting pests
- Tenant must report pest issues promptly
- Tenant is responsible for flea treatment if they keep pets
- Landlord will address pest issues caused by structural or environmental factors
Clauses to Avoid
- "Tenant must pay for all pest control." → Unlawful everywhere
- "Tenant must treat termites." → Always landlord responsibility
- "Tenant must treat pests caused by building defects." → Unenforceable
Mint's Takeaway
Across Australia and New Zealand, pest responsibility rules are simple and consistent:
- Landlord provides a pest-free property at the start of the tenancy
- Landlord fixes pest issues caused by the property itself (structural problems, moisture, entry points)
- Tenant fixes pest issues caused by their behaviour or pets
- Termites = always landlord (structure). Fleas from pets = always tenant
Handle pest issues fairly, act promptly, and document everything — it protects your property and strengthens your position in any future bond claim. When in doubt about who's responsible, arrange a professional inspection. The cost is worth avoiding disputes.