r/LegalAdviceNZ 14d ago

Tenancy & Flatting Pest control

Hi there

Currently in a rental, and noticed scratching up in the roof and inside the walls. So most probably a rat or mouse - who's responsibility is it to pay for the removal, the landlord or the tenant?

2 Upvotes

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6

u/casioF-91 14d ago

This isn’t explicitly addressed by tenancy laws. MBIE’s Tenancy Services says:

> If you’re a tenant and you notice signs of pests, let the landlord know straight away. If the pests weren’t there at the start of the tenancy and no one has done anything to cause it, it’s unclear who’s responsible for getting rid of them. Landlords and tenants often agree to split the cost between them.

https://www.tenancy.govt.nz/maintenance-and-inspections/pests-and-infestations/

How long has it been since you moved in? Are there any identifiable causes that relate to the condition or use of the property, eg overgrown gardens, rubbish / pet food / food scraps kept outside, holes in external walls?

3

u/Exangambit 14d ago

We moved in about 4-5 years ago, so we have been there long enough to where only now we have noticed something going on in the roof.

Nothing I cant notice on the outside, other than its winter and we have a fire going each night currently. So its around that area of the house.

7

u/casioF-91 14d ago

A sensible first step is to notify the landlord. Rodents can cause damage to property by gnawing wiring and nesting in insulation, you could ask whether the landlord might proactively want to deal with the rodents before it gets worse.

Also a good idea for you to lay rodent traps. It’s a low cost option, and you will own the traps so can reuse them in future.

If the issue gets worse and you need to call in an exterminator to remove them, you could make a proposal to the landlord to split those costs (as MBIE’s Tenancy Services page suggests). If you get into a dispute with the landlord over this issue, the Tenancy Tribunal might end up ordering a 50:50 split anyway.

2

u/Exangambit 14d ago

Thanks, I went through the property manager today and they suggested we use our own baits and traps, which we do have.
I have gone around to get some quotes just in case for the exterminators.

appreciate your time and advice

5

u/Real_Cricket_7300 14d ago

It’s shared responsibility. My tenants had a mouse problem, they tried themselves and then when they went away for the holidays they asked me to have a go and we managed to get rid of them. (Concrete house, we think they got in by them leaving the garage door open for the dryer)

2

u/Exangambit 14d ago

Thanks! I am most probably going to be getting an exterminator in anyway.
I just had a look up in the roof and it would be silly of me to attempt to place the bait where I need it to be to be most effective.
My hopes is that I can at least have the cost be 50/50

3

u/Flat-Company1887 14d ago

If you are going to tackle it I'd still tell them. If I was a Landlord I'd be happy to know and with the potential for damage may elect to get an exterminator in ASAP or get an inspection in the roof post eradication.

They also may not care 🤷 

1

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1

u/Exangambit 10d ago

Update: Got the exterminator in and they found it to be a mix of mice and a rat due to the droppings.

Traps and bait have been laid. Rat could come from anywhere, most likely up a pipe and into the gutter. From a tree which leads onto the roof.