Pest control - your landlord DOES have obligations

Recently a few Hillview tenants have been infested with cockroaches and/or mice. (By the way, infestation is not related to being 'dirty' - the cleanest homes can suffer infestation if the pests somehow gain access. But it's true that infestation is made worse if there is plenty of dirt left around for pests to feed on.) Some have been told by CHA that as a landlord they have no legal obligation to provide any pest control services. This is nonsense - CHA and other landlords have a legal obligation to provide a property that is fit for habitation and in a state of good repair - infestation does not conform to this.

After having relevant legislation quoted to them, CHA now admit they have this obligation. But they have still sometimes recently claimed that more than one home must be infested before they will act. This is a ridiculous policy - 'let the problem get worse and harder to get rid of before we'll act' - but it can be challenged (see legislation below and contact Environmental Health Dept. if necessary). The landlord's legal obligation is to every individual tenant regardless of whether others are immediately affected. (In any case, the nature of most buildings - especially blocks like Hillview, for example - mean that infestations can rapidly spread via old chimney flues and pipework running through the blocks. Since the refurbishment of Hillview Est. in the late 1990s many flats have large gaps below their skirting boards and airbricks set into the connecting chimney breasts - all ideal routes for pests to travel between flats - something not taken into account when CHA carried out refurbishment.)

Camden Council now charges over £63 for two visits from their pest control services - they no longer provide any concessions for those on low incomes. Therefore many people simply can't afford to pay for effective treatment, making the problem worse for all.

Any landlord who cared about the living conditions of their tenants and the upkeep of their properties would be taking care to abide by these regulations - instead we get OHG's attempts to avoid their legal obligations by giving tenants inaccurate information. Yet they have the cheek to talk about wanting to promote 'tenant empowerment' (the current buzzwords) - yeh, right, as long as it doesn't cost them anything. If tenants stop paying the rent for 2 or 3 weeks we can expect to get dragged into court by OHG - but they give the impression that they believe they can bend and evade their legal obligations to us as and when they like.

Below are the relevant parts of the law, it's worth quoting chapter and verse if a landlord tries to be difficult;

Prevention of Damage by Pests Act 1949

Part 1 - sec 3

3 Obligation of occupiers of land to notify local authority of rats and mice

(1)Subject to the provisions of this section, the occupier of any land shall give to the local authority forthwith notice in writing if it comes to his knowledge that rats or mice are living on or resorting to the land in substantial numbers.

[...]

(1)If in the case of any land it appears to the local authority, whether in consequence of a notice given in respect of the land under the last foregoing section or otherwise, that steps should be taken for the destruction of rats or mice on the land or otherwise for keeping the land free from rats and mice, they may serve on the owner or occupier of the land a notice requiring him to take, within such reasonable period as may be specified in the notice, such reasonable steps for the purpose aforesaid as may be so specified; and where the owner of any land is not also the occupier thereof separate notices may be served under this section on the owner and on the occupier.

(2)Any such notice may in particular require—

(a)the application to the land of any form of treatment specified in the notice;

(b)the carrying out on the land of any structural repairs or other works so specified,

and may prescribe the times at which any treatment required by the notice is to be carried out.

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Public Health Act 1961

Part 2 - Sec 35

35 Filthy or verminous premises

(1)Section eighty-three of the Public Health Act, 1936 (which relates to the cleansing of filthy or verminous premises), shall be amended as follows.

(2)For subsection (1) of the said section eighty-three there shall be substituted the following subsections—

“(1)Where a local authority, upon consideration of a report from any of their officers, or other information in their possession, are satisfied that any premises—

(a)are in such a filthy or unwholesome condition as to be prejudicial to health, or

(b)are verminous,

the local authority shall give notice to the owner or occupier of the premises requiring him to take such steps as may be specified in the notice to remedy the condition of the premises by cleansing and disinfecting them, and the notice may require among other things the removal of wallpaper or other covering of walls, or, in the case of vrminous premises, the taking of such steps as may be necessary for destroying or removing vermin.

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If a landlord refuses or fails to deal with an infestation the two Acts quoted above give the Local Authority (local Council) powers to serve a Service Request on the landlord, ordering them to carry our the necessary pest control procedures . So if CHA or OHG refuse to deal with an infestation one option is to go to the Council Environmental Health Department, explain the situation and ask that they deliver a Service Request to CHA/OHG.

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Defective Premises Act 1972

Sec 4 Landlord's duty of care in virtue of obligation or right to repair premises demised

(1) Where premises are let under a tenancy which puts on the landlord an obligation to the-tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.

(2) The said duty is owed if the landlord knows (whether as the result of being notified by the tenant or otherwise) or if he ought in all the circumstances to have known of the relevant defect.

This 1972 Act above states clearly the landlord's obligations - if CHA/OHG try to fob you off with excuses then quote this legislation and say that, if they make it necessary, you will ask the local Environmental Health Department to enforce these laws against CHA/OHG.

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Serving a Disrepair Claim on your landlord;

If you have notified your landlord of a repair/maintenance problem (including infestation or other conditions that may be harmful to your health and safety) and they fail to carry out necessary works to resolve the problem, you can serve a disrepair claim on them. You must allow a 'reasonable time' for the repair to be carried out.

Then contact the Environmental Health Department at the Town Hall and explain the problem. To take action on your behalf, this Dept. must inspect your home - if they agree that your claims are valid they can order the landlord to carry out the work.

As with most legal issues, it doesn't always work quite as simply as that and there are also other options- so for further information see the Shelter site.

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PREVENTION & CURE
Cockroaches are a potentially serious health hazard - they can travel back and forth between your home and the sewers (and they ain't fussy eaters). They can also aggravate asthma and contaminate food, causing illness - and are generally one of the more unpleasant house guests to have around. If your home is infested, act fast and get help...

Some practical tips for dealing with cockroach infestation - and even better, avoiding it:

1. Be careful what you bring in the house; roaches often nest in food containers such as packets of rice and beans. Large sacks and baskets are especially dangerous. Don't leave packets of rice and pulses open in the kitchen - keep them in sealed airtight containers.

Roaches also nest in electrical equipment such as TVs, stereos etc - they are warm cosy homes for them. So be careful if buying secondhand and treat with anti-roach sprays. The same goes for secondhand furniture. (Moths can also become unwanted house guests by this route.)

2.Keep the kitchen and elsewhere clean - crumbs left around are a free meal for roaches. Sweep and mop floors regularly and keep surfaces and sinks dry after use - roaches need plenty of water.

3. Block off possible entry points, such as gaps in skirting boards, airvents/airbricks connected to old chimneys (sometimes sited conveniently - for the roach - behind cookers) .

4. There is no shame in being infested, it can happen in the cleanest homes. If you have an infestation ask your neighbours if they do too. If so they'll need to be treated too, and - if things are bad - possibly the whole stairwell or block. You will need professional pest controllers to visit and treat the infested properties.