Here is a question to the blog clinic from Cheryl who is a tenant
Hi we have just moved into a property and have heard running and loud scratching in the attic and walls, the attic is sealed up so we don’t know what it is, but it sounds large.
I have 3 children and am worried we may have rats, we have signed a six months tenancy agreement but I would rather leave now, where do i stand ?
Hope you can help.
From what you say, and from the experience of having a rat in the house ourselves, it sounds to me as if you have a rat infestation.
If you have just moved in, your property is rented furnished and you have not paid any rent since you moved in, there is a common law rule which says that you can reject the tenancy and move out.
However:
- You would need to be able to prove that the property IS actually infested (otherwise your landlord would be entitled to claim rent from you for the next six months)
- You can ONLY do this right at the start of the tenancy. If you have confirmed it by paying rent, the remedy will not be available to you, and
- It may make life difficult obtaining a new tenancy if your landlord will be unwilling to give you a reference because you have moved out early
First of all, you need to find out what the problem is. The best way to do this is to speak to the environmental health dept of your local authority. They will send someone round to investigate.
When we had a rat the problem was easily solved by using the service of our local authority. A man came round, left out rat poison in suitable places, and the rat died. That was over two years ago and we have not had a rat in the house since.
If it is just the one rat, then I think the problem could probably be solved just as easily. This would be better than having all the upheaval of a move to another property and the expense that would incur.
You also don’t say you have spoken to your landlord about the problem – you should do this and give him an opportunity to deal with it. If you have just moved in then it will be his responsibility.
You will find some further informaiton here.
Sounds are always “large”!!Especially at night.
Just having my cladding and soffit boards done as I type this and you’d think they were smashing down the gable end wall of the house!!
Why is the attic sealed up? Isn’t the water tank and other essential pipes and wires up there, so access needed? What happens if the ball cock suffers metal fatigue and comes off the arm in the tank (you’ll drown the rat, that’s what!!) as has happened to my daughter luckily in a ground floor flat.
Does the agreement specifically exclude the attic as if it does not you are entitled to access as it is part of the property. Is it named as an excluded area on the inventory?
One good thing here – the Landlord cannot accuse you of having brought Basil the Rat with you as you have not been up in the attic. Mind he might still say you brought it and somehow it got into the cavity and then into the attic. Load of nonsense of course but what a Landlord will claim.
Solution is very simple, but unless you lay it on thick with the Local ASuthority they will either not come out or if they do they will charge. It is no longer free, so emphasis children and bubonic plague.
But if you are specifically denied access and excluded, how can you send any contractor up there?
What does the Landlord say?
Tessa
How many Landlords let a tenant into a property without them paying the initial rent? Or at least some rent as is needed to perfect a contract?
What is the Common Law you refer to, where does this procol and tenant right come from?
Its a common law rule which means it is not set out in any act of Parliament http://www.landlordlawblog.co.uk/2010/09/18/what-is-the-common-law/
When I get time I will hunt out the case law and do a post on it
What if you have been in the property for more than 1 year. Have complained about rats for over 6 months. Been given ultrasonic alarms which clearly don’t work. Have had 4 sightings and get disturbed by endless scratching noises in mansard roof/walls but so far only caught 1 on glue paper. There must be some legal remedy for tenants as its a health hazard?
Its more a practical thing than a legal thing – rats are no respecters of injunction paperwork!
As to who is legally responsible for the cost of dealing with it – see the earlier posts I have done this eg here http://www.landlordlawblog.co.uk/2010/08/30/tenants-legal-help-%E2%80%93-vermin-who-is-responsible/