Landlord Association of South Africa

How do I handle pest infestations – is it my responsibility? South Africa

Pest infestations are one of the most common disputes between landlords and tenants in South Africa. Whether it’s cockroaches, rats, bedbugs, or termites, the central question that arises is: who is responsible for dealing with the problem and covering the costs?

Understanding the law, tenant obligations, and landlord duties is crucial in avoiding unnecessary conflict and ensuring a healthy living environment.

Understanding landlord responsibilities under South African law

In South Africa, the Rental Housing Act and the Consumer Protection Act (CPA) place a duty on landlords to provide tenants with a property that is habitable, safe, and fit for occupation.

This includes making sure the home is free of infestations when a new tenant moves in. Suppose a tenant moves into a property that already has an infestation, for example, cockroaches or rodents.

In that case, it is generally the landlord’s responsibility to resolve the issue promptly, as the property was not delivered in a suitable condition at the start of the lease.

In addition, if pests become a problem due to structural defects or poor maintenance – such as holes in walls, broken drains, or dampness attracting termites – the landlord is usually held responsible for repairs and extermination.

Tenant responsibilities in pest management

Tenants also have obligations under South African tenancy law. They must reasonably use the property, maintain cleanliness, and not allow conditions that encourage infestations. For example:

• Leaving food uncovered and waste uncollected may attract rodents and cockroaches.
• Poor housekeeping and a lack of hygiene could lead to bedbugs or ants spreading.
• Failing to notify the landlord promptly about pests can worsen the problem.

If the infestation arises from the tenant’s negligence, the responsibility for dealing with the issue – and the costs – usually falls on the tenant.

Shared responsibilities: when both parties are liable

In many cases, pest infestations are not straightforward, and both landlord and tenant may share responsibility. For example:

• A landlord must ensure the structure is pest-proof, but the tenant must keep the home hygienic.
• If termites enter due to an untreated structural defect, the landlord is responsible for extermination. However, if the tenant leaves food and garbage out, they may need to contribute to pest control costs.

It is often advisable for the lease agreement to include a specific pest control clause, clarifying who pays for pest-related services in different scenarios.

When landlords must act immediately

Specific infestations require urgent landlord intervention, regardless of fault. For example:

• Rats and mice: These pose a health risk and must be eradicated immediately under municipal by-laws.
• Termites: They can cause severe structural damage to a property if not treated quickly.
• Bedbugs and cockroaches: Widespread infestations in multi-unit housing may require the landlord to treat the whole building.

Failure by the landlord to act could give tenants grounds to terminate the lease or lodge a complaint with the Rental Housing Tribunal.

Practical steps for landlords

To protect your property and avoid legal disputes, landlords should take proactive measures:

• Inspect before leasing: Ensure the property is pest-free before handing it over to a new tenant.
• Include pest clauses in the lease: Clearly state responsibilities for pest control.
• Regular maintenance: Seal holes, repair drains, and maintain gardens to reduce pest risks.
• Use professional pest control: Keep receipts and records of all treatments.

Being proactive not only protects your property but also strengthens your legal position in case of disputes.

Practical steps for tenants

Tenants can also reduce pest risks by:

• Keeping the property clean and free from waste build-up.
• Storing food in sealed containers.
• Reporting infestations immediately to the landlord.
• Follow any pest prevention guidelines provided in the lease agreement.

Failure to do so could make them liable for costs if an infestation occurs.

Resolving disputes over pest infestations

Disputes over pest responsibilities are common in South Africa, but they can be resolved without costly litigation. The Rental Housing Tribunal offers landlords and tenants a free service to settle disputes about maintenance and habitability.

If a landlord refuses to deal with a severe infestation, tenants may approach the Tribunal to enforce compliance. Conversely, if tenants are negligent, landlords may seek compensation through the Tribunal or by deducting from the deposit at the end of the lease.

Pest infestations and lease agreements

A well-drafted lease agreement is the best way to avoid conflict. It should:

• Specify who is responsible for pest control in different scenarios.
• Require tenants to report infestations promptly.
• Give landlords the right to inspect the property for pest prevention.
• Provide for cost-sharing where both parties are partly responsible.

Landlords who rely on standard lease templates without pest control clauses often find themselves at a disadvantage in disputes.

Key takeaway

In South Africa, responsibility for pest infestations depends on the cause:

• Landlord responsibility: If the infestation existed before the tenant moved in, or arises from structural issues or poor maintenance.
• Tenant responsibility: If the infestation arises from poor hygiene, negligence, or misuse of the property.
• Shared responsibility: If both structural issues and tenant conduct contribute to the problem.

Both parties should act quickly when an infestation arises, as delays can worsen the issue and lead to financial losses or legal disputes.

FAQs

Is the landlord always responsible for pest infestations in South Africa?

No. Landlords are responsible if the property was infested before the tenant moved in or if structural defects caused the problem. If tenants cause infestations through negligence, they are accountable.

Can a tenant refuse to pay rent if the landlord ignores a pest infestation?

If the infestation makes the property uninhabitable and the landlord refuses to act, tenants may have grounds to withhold rent or terminate the lease. However, this should only be done after seeking advice or approaching the Rental Housing Tribunal.

Who pays for pest control in South Africa?

It depends on the lease agreement and the cause of the infestation. Landlords usually cover structural and pre-existing issues, while tenants pay for infestations caused by poor housekeeping.

Can a tenant be evicted for not dealing with pests?

If a tenant causes an infestation through negligence and refuses to fix it, they may be in breach of the lease. This could lead to eviction, though landlords must follow the legal process.

Should pest control be included in a South African lease agreement?

Yes. Including pest clauses in the lease avoids uncertainty and provides a clear framework for handling infestations.

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Useful External Links

https://www.gov.za/documents/rental-housing-act

https://www.gov.za/documents/consumer-protection-act

https://www.westerncape.gov.za/general-publication/rental-housing-tribunal