Adjudication case study: Cockroach infestation and cleaning responsibilities

Cockroach infestation and cleaning responsibilities

We offer an independent and impartial resolution service for landlords, agents and tenants who are unable to agree on how to distribute the deposit when the tenancy ends. We look at a recent case and break it down. Our Head of Dispute Resolution, Suzy Hershman, helps you to understand our approach which in this case looks at cockroach infestation and cleaning responsibilities.

Case summary – Agent vs tenant

Disputed deposit value: £563.00

Dispute details:

The tenant said:

• the problem started soon after moving in
• we did try to keep the property clean, but the situation just continued getting worse
• the landlord kept offering advice but did not treat the pest problem until the end of the tenancy which was unfair

The agent responded:

• the problem was highlighted following the regular inspections which showed the tenants were keeping the property, especially the kitchen in a very poor state
• the first time was after only three months
• carrying out treatment while the tenants were keeping the property in this way would have been ineffective and resulted in additional costs for the tenant
• the tenants were given advice following each inspection to keep the property clean and free of rubbish which would have prevented the cockroach problem
• the contractor’s report advised that the situation was due to the tenants living conditions
• all this means is that the tenant should be responsible for treatment costs and cleaning

Outcome:

• The check-in report confirms the property was cleaned to a professional standard when the tenants moved in
• The first report of any cockroach problem was one year into the tenancy
• Mid-tenancy inspections showed property was being kept in a very poor condition/poor hygiene throughout the tenancy, particularly the kitchen where cockroaches were reported to be seen
• There were several emails from the agent reminding the tenants what to do and advising them how to avoid the problems they were having
• The check-out report recorded ‘extensive clean required throughout, with rotting food in the kitchen and large amounts of rubbish in every room.’ Photographs supported this statement
• The contractor’s invoice at the end of the tenancy included a report of the heavy cockroach infestation with the cause being ‘tenant living’
• The adjudicator considered the two invoices provided and awarded:£240.00 for two treatments required to remove the pests
  £323.00 for the property to be cleaned to the same standard

Decision: The adjudicator considered the two invoices provided and awarded:£240.00 for two treatments required to remove the pests
£323.00 for the property to be cleaned to the same standard

Evidence

Tenancy agreement, check-in report, check-out report, 4 x mid tenancy inspections (quarterly over two years tenancy), invoice, contractor statement/report

What we’ve learnt from this case

• Maintaining a good relationship with the tenants is key and offering good advice at relevant times during the tenancy should help with issues such as these from being ignored
• Any advice given should always be followed up, especially if that advice has been offered on more than one occasion
• Remind tenants that:
  • their deposit is there to compensate their landlord
  • the property is returned cleaned to the same standard as recorded in the check-in inventory

Note: All ADR services recognise that dispute cases vary, therefore the outcome will depend on the interpretation of the evidence presented.