Local authority powers to deal with refuse and pests

The Housing Health and Safety Rating System (HHSRS) defines hazards in rented accommodation.

Hazards include threats to health from domestic hygiene. Domestic hygiene can be a hazard where there is:[1]

• access into the property for pests

• inadequate and unhygienic provision for storing and disposal of household waste or refuse

Find out more about the HHSRS definition of hazards on Shelter Legal.

Local authority enforcement

A tenant of a private landlord or housing association can report issues with refuse or pests to their local authority.

Where appropriate, the authority should inspect accommodation under the HHSRS to determine if a hazard is present.

Where the local authority finds hazards, it can take action including:[2]

• recommending the landlord make repairs

• making an improvement order requiring the landlord to do works

• making a prohibition order preventing anyone living in the property

A local authority will often take informal action first, such as writing to the landlord, before serving any formal notice.

Find out more about local authority HHSRS enforcement on Shelter Legal.

Refuse and pest hazards in council housing

HHSRS enforcement is not available for local authority tenants, as the local authority cannot take legal action against itself.

The tenant could:

• take action under Awaab’s law where refuse and pests are causing an emergency hazard

• complain to the Housing Ombudsman about the local authority’s failure to deal with a refuse or pest problem

• take action under statutory nuisance

Refuse might be a hazard where there is inadequate and unhygienic provision for storing and disposal of household waste.

Where rubbish accumulates, this might attract vermin and constitute a danger to residents.

When inspecting residential accommodation under the HHSRS, inspectors will consider deficiencies that contribute to the domestic hygiene hazard. For example, poor design, layout and construction, such that the dwelling cannot be readily kept clean and hygienic.[3]

In multi-storey blocks of flats, problems can occur if rubbish chutes and collection bins are not regularly cleared. This should be considered in an inspection under the HHSRS.

A tenant living in a flat adjacent to a blocked chute, or overflowing collection bin could take action for breach of the tenancy agreement. If there is no relevant express term in the tenancy agreement, case law has determined that there is an implied term to maintain facilities such as lifts, communal lighting and rubbish chutes.[4]

Occupiers who cannot rely on the tenancy agreement, such as friends staying with tenants, or children of tenants, may have an alternative remedy against the landlord in a private nuisance action.[5]

Disrepair, accumulation of refuse or poor building design may result in infestation by cockroaches, ants, mites, silverfish, bedbugs, fleas, rats or mice.

An occupier should contact the environmental health department of the local authority, which has a duty to take action to control the pests.[6]

Many local authorities now charge residential occupiers for pest control, although their services are usually cheaper than private firms. The occupier will not usually be charged if:

• the landlord is responsible (for example, if the infestation has occurred because of disrepair)

• the problem is not attributable to anyone

But local authorities might not respond as quickly as private contractors. The response time could also depend on the type of pest.

Rats and mice

Local authorities have a duty to take steps, when necessary and practicable, to try and keep their area free from rats and mice. A local authority must:[7]

• carry out inspections from time to time

• keep land and properties the authority itself occupies free from rats and mice

• take action against the owners and occupiers of land

Landowners and occupiers must inform the local authority in writing if 'substantial numbers' of rats or mice are on their land or property. This obligation does not apply to agricultural land.[8] A landlord could breach their repairing obligations if they fail to repair holes in walls or floorboards to stop rats or mice entering the property.[9] The local authority can serve notice on owners and occupiers that specify:[10]

• treatment at prescribed times

• structural or other works

Local authorities have the power to enter any land to inspect or enforce notices, including to carry out treatment or works.[11] The authority must give at least 24 hours' notice.

Infestation of an entire block by ants or cockroaches is not uncommon in modern 'system-built' dwellings. The entire block must be treated to achieve complete and permanent removal of the infestation.

In one case, a council tenant took action against the landlord for cockroach infestation over several years and was awarded damages of £28,650.[12]

Infestations may be a statutory nuisance under the Environmental Protection Act 1990. If the problem is not resolved or the council takes no action, individual occupiers can take action through the courts against the person responsible for the statutory nuisance.[13]

In council or registered social landlord blocks, an alternative remedy would be action by a tenants' or residents' association. 

Tenants could ask for:

• proper identification of the nature of the infestation, its causes, and a plan to deal with it

• full information on the methods to be used, followed by a public meeting to discuss them (information should be provided in all community languages)

• checks for asbestos to be made if the work involves piercing walls

The local authority can take action to gain access to premises and carry out the treatments.[14] Council officials must obtain a warrant from a magistrate and can enter with 24 hours' notice.