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Who Pays for Pest Control in a NSW Rental? Landlord vs Tenant

Published 8 min read

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Unsure whether a cockroach, termite, or rat in your home is the responsibility of you as the tenant or landlord, or vice versa? This guide will assist you in settling the debate.

Working out whether pest control is a landlord or tenant responsibility in NSW comes down to two key questions. Read on to find out who’s on the hook.

Key Takeaways

  • NSW landlords are generally responsible for pests and vermin that were a problem at the start of the tenancy.
  • Tenants are generally responsible if the problem began after they moved in and was caused by their activities or lack of cleanliness.
  • A landlord must hand over a property that is reasonably clean and fit for the tenant to live in.
  • Structural causes such as gaps, cracks, or a damaged roof are the landlord’s problem regardless of when the pests appeared.
  • Termites generally sit with the landlord, because they usually flow from the obligation to keep the property sound and fit to live in.
  • The move-in condition report is an important document in the case of dispute, so fill it in properly.

The Two Questions That Decide Who Pays

Almost every pest dispute in a NSW rental comes down to these 2 questions.

1. Was the problem there when the tenant moved in?

If it was, it is the landlord’s responsibility. The NSW Government states that landlords are “generally responsible for pest and vermin issues that occur at the start of the tenancy”, and it ties that directly to the landlord’s duty to provide a reasonably clean property that the tenant can live in.

2. If it appeared later, did the tenant cause it? 

Tenants can be on the hook where the issue arose after they moved in and was caused by the tenant’s own activities or lack of cleanliness. For example, failing to remove rubbish that eventually draws cockroaches, ants, or mice.

If the answer to both questions is no, responsibility typically goes back to the landlord. NSW is explicit that a tenant who did not cause the infestation may not be held responsible for eradication.

Unclear cases come down to factors like the history of the property, what is recorded in the condition report, and whether there were factors outside the tenant’s control.

When the Landlord Pays

These are the situations where the cost generally sits with the property owner:

  • The infestation existed before the tenant moved in: The property was not handed over reasonably clean and fit to live in, so the obligation was already breached.
  • Pests are getting in through the building: Gaps around pipes, cracked mortar, broken vents, torn flyscreens, a damaged roof, or a failing subfloor are all repair issues, and maintaining the property in reasonable repair is the landlord’s job.
  • Termites: They attack the structure itself, which is the owner’s asset, not the tenant’s. The owner is generally responsible for resolving the problem.
  • Pests arriving from a shared or structural source in a unit block: If the pathway is a common wall, a shared riser, or a service duct, no individual tenant can be held responsible for it.

When the Tenant Pays

There are also several instances in which tenants will generally be held responsible for pest control costs:

  • The tenant caused a problem after moving in: This could be a result of rubbish being left out, food being left unsealed, bins not being emptied, or dishes standing for days.
  • Infested items into the property: Second hand items like mattresses, lounges, or  bookshelves can carry cockroach eggs or bed bugs through the front door. Tenants can also be held responsible if cockroaches or other pests are brought into the property with shopping or other items like appliances.
  • Fleas from the tenant’s own pet: The animal is the tenant’s, so they will generally be held responsible for flea cycles.

A pest appearing during a tenancy is not automatically the tenant’s fault. A tenant who keeps a clean kitchen and still finds cockroaches may not have caused the problem. German cockroaches in particular travel between units in a block and will colonise a spotless apartment. If you are seeing cockroaches after a treatment, that is usually a sign of an ongoing source rather than a housekeeping failure.

The Grey Areas

Most disputes are not about the regulations. They are about which side of them a particular circumstance falls on.

Termites

Tenants generally can’t be held responsible for termites. They arrive underground or through the structure, they are invisible until damage is done, and the loss they cause is a loss to the owner’s asset. The tenant’s only duty is to report signs promptly. These signs can include mud tubing on a wall, blistered paint, or a skirting board that gives under pressure.

Bed Bugs

Bed bugs can travel in luggage, clothing, and second-hand furniture. If bed bugs weren’t present on the property when the tenant moved in, the tenant is generally responsible for them if they have travelled anywhere or brought second hand furniture or goods onto the property. Determining factors can include what the condition report says and whether there is any history of bed bugs in the building.

Fleas, Pets, and the 2025 Rules

Laws around keeping pets in rental properties changed in 2025. A NSW landlord can no longer refuse a pet without a valid reason, and any conditions attached to consent must be reasonable. 

Regulations are specific when it comes to end-of-tenancy pest control. Read the current wording on keeping a pet in a rental property for a complete overview.

Rodents and Possums in the Roof

A tenant cannot get into a roof void, did not create the entry point, and in the case of possums cannot legally remove the animal. Possums are protected in NSW under the Biodiversity Conservation Act 2016, and a licence is required to trap and release one. The NSW Government’s own brush-tailed possum guidance puts the duty to keep roof and chimney cavities sealed on the property owner.

Apartments and Strata

German cockroaches and rodents can move between units through walls, ceilings, and service penetrations. If the source is a neighbouring unit or a common area, it is a building problem rather than a tenancy problem, and the owners corporation may be the party that needs to act.

However, a pest control treatment to an apartment can still protect the tenant from these pests invading and infesting their unit, and can be a fantastic preventative measure to ensure that no infestation occurs, as it can be difficult proving that any other unit is the cause of the infestation.

Why the Condition Report Decides Most of These Disputes

Condition reports are an important factor in determining responsibility for pest control. They’re an agreement between tenants and landlords about the state of a property when a tenancy begins. If things change during the tenancy, it may be the responsibility of the tenant.

If you are a tenant, do this at move-in. Photograph the kitchen kickboards, under the sink, the subfloor access, the meter box, the laundry, and anywhere you see droppings, shed skins, or dead insects. Then write those observations onto the condition report before returning it. You have 7 days from moving in to complete your copy and return it.

If you are a landlord or agent, a properly completed report protects you just as much. It is the document that evidences the property was handed over in a clean state. It can prevent a tenant from successfully claiming a 6-month-old infestation was there on day one.

What to Do if You Disagree

Here’s a 2-step process in the event of a disagreement between you and the other party:

  1. Put it in writing: Email the agent or landlord describing the pest, when it started, what you have observed, and what evidence exists.
  2. Escalate: NSW Fair Trading offers a free complaint and dispute resolution service for residential tenancy disputes, and you can call them on 13 32 20. If it remains unresolved, the NSW Civil and Administrative Tribunal can decide the matter and make orders.

Frequently Asked Questions

Can a Landlord Make a Tenant Pay for Pest Control in NSW?

Only where the tenant caused the problem. NSW makes tenants responsible where the infestation arose after they moved in and was caused by their activities or lack of cleanliness.

Who Pays for Termite Treatment in a Rental?

In general, the landlord. Termites damage the building structure, which is the owner’s asset, and they flow from the landlord’s obligation to keep the property in reasonable repair and fit to live in. The tenant’s main obligation with regard to termites is to report any signs promptly.

Who Pays for Pest Control at the End of a Lease?

Generally speaking a tenant is responsible for an end of lease pest control treatment, especially if a pet has been housed in or on the property.

Is Pest Control an Urgent Repair in NSW?

No. Pest control is generally not considered an urgent repair under NSW regulations. Urgent repairs are items such as gas leaks, dangerous electrical faults, flooding, a burst water service, a blocked toilet, and serious roof leaks.

What Happens if the Landlord Refuses to Act?

Put the request in writing, then escalate. NSW Fair Trading can take a complaint and can investigate whether a landlord has breached the obligation to maintain the property in a reasonable state of repair. If that does not resolve it, either party can apply to NCAT, which can make orders about repairs, maintenance, and compensation.

Disclaimer

This article is general information about NSW tenancy rules and is not legal advice. Rules change, and the outcome in any particular tenancy depends on its own facts. For advice on a specific situation, contact NSW Fair Trading on 13 32 20 or the Tenants’ Union of NSW.

Written by Liam Milligan, licensed pest technician. 25 years in Sydney pest management.

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