One of the Most Disputed Questions in Sydney Rentals
Cockroaches appear in your kitchen two weeks after moving in. The landlord says it’s your problem. You say they were there when you moved in. Who is right — and who pays? This scenario plays out in NSW rental properties every day. Understanding your rights before an infestation occurs will save you money and stress. If you do need professional treatment, pest control in Sydney from Active Pest Control Management is fast, reliable, and comes with full documentation.
The Legal Framework: Residential Tenancies Act 2010 (NSW)
NSW tenancy law does not have a single section that says “landlords pay for X pests and tenants pay for Y pests.” Instead, it applies the general principle that both parties must maintain the property in a reasonable condition. Pest responsibility is determined by the cause of the infestation and the timing of its discovery — not simply by who the pest is bothering.
When the Landlord Is Responsible
The landlord (or their property manager) is responsible for pest control when:
- The infestation existed before tenancy began: If pests were already present when you moved in, the landlord must arrange and pay for treatment. This is why a thorough entry condition report matters — document any pest activity on day one with photos.
- The infestation is caused by a structural defect: Gaps in walls or floors, broken fly screens, deteriorated weatherstripping, blocked drains, or a leaking roof that creates moisture — these are maintenance failures. If pests enter through a structural gap the landlord has not repaired, the landlord is responsible for both the repair and the pest treatment.
- It’s a building-wide problem: In apartment buildings, if cockroaches or rodents are moving between multiple units or coming from common areas, the building management (owners corporation or landlord) is responsible, not individual tenants.
When the Tenant Is Responsible
The tenant is responsible when the infestation arose due to their conduct:
- Leaving food uncovered or dishes unwashed, creating an environment that attracts pests.
- Failing to dispose of rubbish regularly.
- Storing firewood or organic material against the building, which attracts termites or cockroaches.
- Bringing in infested furniture or boxes (common cause of bed bug and cockroach introduction).
- Not reporting a small pest problem promptly, allowing it to escalate into a major infestation.
The Entry Condition Report: Your Most Important Document
When you move into any Sydney rental, inspect the property carefully on day one and note any signs of pest activity on the condition report — even if it seems minor. Look for droppings in kitchen cupboards, spider webs in corners, evidence of rodents in the roof space, and any damage that could indicate termite activity. Sign the report only after you have documented everything. A well-documented condition report is your primary evidence in any bond dispute or tenancy tribunal hearing about pest responsibility.
What If You Disagree With Your Landlord?
If you believe the infestation is the landlord’s responsibility and they are refusing to act, you have several options:
- Write a formal maintenance request to your property manager detailing the infestation, when it was first noticed, and why you believe it is a pre-existing or structural issue.
- If no action is taken within a reasonable time (usually 7–14 days for urgent issues like rodents), lodge a complaint with NSW Fair Trading.
- Apply to NCAT (NSW Civil and Administrative Tribunal) for an order requiring the landlord to carry out the treatment. NCAT decisions are legally binding.
A Practical Tip for Landlords
Having a professional pest inspection conducted between each tenancy — and keeping the certificate on file — protects you from bond disputes. If a tenant claims an infestation was pre-existing, you can demonstrate the property was pest-free at the start of the tenancy. Many experienced property managers in Sydney now include this as a standard part of the changeover process. For termite control in Sydney and general pest inspections between tenancies, contact Active Pest Control Management on 1300 590 944.
