Deposit dispute case study – pest infestation and replacement items

What happened?

The tenant said:

• Halfway through my tenancy, I started to get bitten when sleeping. I reported this to the agent after a month or so, as it got worse. The contactor who they arranged a visit with, confirmed it was bed bugs
• I have never had an issue with bed bugs before and this should not be my responsibility. The bed bugs must have already been in the property when I moved in

The agent responded, saying:

• The check-in report clearly shows that there were no infestations of bed bugs present when the tenant moved in
• From a thorough investigation, the specialist contractor advised that the bed bug infestation had started in recent months
• While this can happen to anyone, it is only right that the tenant pays for the treatment and replacement of the landlord’s bed and mattress, where they were brought in during the tenancy

What evidence was provided?

Tenancy agreement, check-in report, checkout report, invoices, e-mails and text messages.

What was decided and why?

1. The check-in report showed that there were no obvious infestations in the property at the start of the tenancy
2. While the tenant had reported the issue, this was seven months into the tenancy and no issues were highlighted before this time. The adjudicator found on balance that the infestation started to occur during the tenancy. The contractors report provided by the landlord also supported this as it said that in their professional opinion, based on the size of the infestation, that it had only been present for a couple of months
3. The adjudicator found that the responsibility for extermination of the infestation fell to the tenant. They also found it reasonable for the landlord to replace the bed and mattress where the infestation was largely found, to prevent the issue from continuing
4. The landlord provided invoices for £264.00 for treatment over a two week period and another invoice for £420.00 for a like for like replacement of the bed and mattress, including £80.00 removal charge for the old mattress and bed
5. The full cost of £264.00 was awarded for the treatment which was considered reasonable for the work
6. The full cost of the removal of the old bed and mattress for £80.00 was also awarded in full
7. The adjudicator highlighted that the bed and mattress were not new at the start and were showing some signs of wear. An allowance also needed to be made for fair wear and tear for the length of the tenancy so that the landlord is not put in a better position than they would have been at the end of the term, had the breach not occurred. With this in mind, the adjudicator awarded £204.00, being 60% towards replacement costs of the bed and mattress

Decision:

Tenant: £136.00               

Landlord: £548.00

How can you avoid this happening in future?

• Provide inspection reports at the start and the end of the tenancy, this is very important as it will show that the issue was not already present
• Issues which occur during a tenancy should be reported as soon as they start, as this can affect who is found responsible
• Contractors’ reports can be extremely valuable, particularly where the issue relates to a specialist area