Pest Control for Rental Properties: Landlord vs Tenant Responsibility NSW
In a NSW rental, the general rule is that the landlord covers pests that were present when the tenancy began or that come from the building itself, while the tenant covers infestations their own actions caused. The Residential Tenancies Act 2010 requires a landlord to provide and keep the home in a reasonable state of repair and fit to live in. Below we break the split down pest by pest, explain how to raise it with your agent, and set out what to do if you disagree.
The Responsibility Split in Brief
The split usually comes down to timing and cause. If a pest problem existed when the tenant moved in, or it stems from the structure and condition of the property, it is generally the landlord's responsibility to sort out. Termites, rodents entering through gaps in the building, and an infestation already present at the start of the lease sit on the landlord's side, because they relate to keeping the home in repair and fit to live in.
If the infestation is the result of how the tenant has lived in the property, it generally falls to the tenant. Fleas brought in by a pet, or a cockroach or pantry moth problem driven by food left out and poor cleaning, are the common examples. In practice many situations are shared or unclear, which is why documentation and a sensible conversation with the agent matter so much. This page is general information about how NSW rentals usually work, not legal advice for your specific tenancy.
What NSW Tenancy Law Says
The Residential Tenancies Act 2010 sets the obligations for both sides of a NSW rental. A landlord must provide the premises in a reasonable state of cleanliness and fit for the tenant to live in, and must keep the property in a reasonable state of repair for its age and the rent charged. That repair duty is the reason pests linked to the condition of the building, such as termites in the structure or rodents entering through gaps, generally sit with the landlord.
The tenant, in turn, must keep the property reasonably clean, must not intentionally or negligently damage it, and must notify the landlord of the need for repairs. Where a tenant's own conduct creates a pest problem, that conduct can shift responsibility toward the tenant. The Act does not print a line-by-line list of who pays for each pest, so many cases are decided on the facts: was the problem there at the start, does it relate to the building, or did the way the property was used bring it on.
Two practical points follow. First, the condition report completed at the start of the tenancy is important evidence, because it records the state of the property when the tenant moved in. Second, urgent repairs and habitability issues have their own process under the Act, and a serious pest problem that makes a home unfit to live in can fall into that territory. When in doubt, NSW Fair Trading is the go-to source for current, official guidance.
Pest by Pest: Who Usually Pays
A general guide only. The facts of each tenancy can change the outcome.
Termites
Usually the landlord. Termites damage the structure of the building, so treatment and any timber repairs relate to the landlord's duty to keep the property in repair.
Termite controlRodents
Usually the landlord where rats or mice enter through gaps, holes or a poorly sealed roof, since that points to the condition of the building rather than the tenant's conduct.
Rodent controlFleas with Pets
Usually the tenant. If a pet has brought fleas into the home, the treatment is generally the tenant's cost, and end-of-lease flea fumigation is often required where pets were kept.
Flea treatmentCockroaches
It depends. A problem present at the start is the landlord's, while one driven by food left out and poor cleaning during the tenancy tends to fall to the tenant.
Cockroach controlAnts
Often shared or minor. Seasonal ant trails are common and low cost, and are usually handled by whichever side the tenancy agreement or the agent nominates for general pest upkeep.
Ant controlSpiders
Often the landlord for a pre-existing or exterior problem such as webbing across eaves, though a routine treatment may be shared depending on the lease terms.
Spider controlBed Bugs
It depends on when and how they arrived. A problem present at the start is the landlord's, while bed bugs introduced during the tenancy can fall to the tenant.
Bed bug treatmentGeneral Pests
Check the lease first. Many NSW agreements state who handles routine pest upkeep, so the written terms are the starting point before any dispute.
All pest servicesHow to Raise It with Your Agent
A clear, documented request is far more likely to get a quick result than a phone complaint.
Put it in writing. Email the agent or landlord describing the pest, where it is and when it started. A written request creates a record and starts the clock on a response.
Attach evidence. Photos of the pest, the damage or the droppings, plus the date, make the problem hard to dispute and help everyone agree on what needs doing.
Check your lease and condition report. Point to any clause about pest control and to the condition report if the problem was there at the start. Facts settle most of these quickly.
Ask for a licensed treatment. Request that a licensed technician handle it, so the work is done properly and the invoice is clear about what was treated and why.
Keep every reply. Save the email thread and any invoices. If the matter is not resolved, this record is exactly what a tribunal will want to see.
Act on urgent problems. A serious infestation affecting health or safety should be raised straight away, not left to fester while the paperwork is sorted.
Disputes: NCAT Basics
Most pest disagreements are settled between the tenant and the agent once the evidence is on the table. When they are not, the escalation path in NSW runs first through NSW Fair Trading, which offers a free tenancy complaint and mediation service that can resolve many disputes without a formal hearing. It is worth lodging a complaint there before taking any further step, as a mediated outcome is faster and cheaper for everyone.
If mediation does not resolve it, either side can apply to the NSW Civil and Administrative Tribunal (NCAT), which hears residential tenancy matters and can make binding orders, including orders about repairs and about who pays. NCAT is designed to be used without a lawyer, and it decides on the evidence, which is why the written record, photos, the lease and the condition report matter so much. Keep your documentation tidy from the first email and you put yourself in the strongest position.
This is general information rather than legal advice. For the current rules, forms and time limits, rely on NSW Fair Trading and NCAT directly, or seek advice from a tenants' advice service if your situation is complex.
End of Lease Obligations
Pest control often comes up again at the end of a tenancy. Where a tenant has kept pets, the lease commonly requires professional flea treatment and sometimes a general pest treatment before handing back the keys, and the property is expected to be returned in a similar condition to the start, allowing for fair wear and tear. A clean bill from a licensed technician, with the invoice attached, is the simplest way to protect the bond at the final inspection.
If you are moving out, our end of lease pest control service covers exactly what most Sydney agents ask for, and our guide to end of lease pest control in NSW explains the requirements in more detail. For the wider question of who pays and when, the pest-by-pest breakdown above is the place to start.
Bond-friendly treatment
We provide a clear invoice that names the treatment and the date, which is exactly what agents look for at the final inspection.
Call 0415 655 783 or request a free end-of-lease quote.
Landlord vs Tenant Pest Control FAQ
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