Pest Control in a Rental Property: Who Pays in NSW
In NSW, pest control in a rental is generally the landlord’s responsibility if the pests were there when the tenancy started. It is generally the tenant’s if they came from how the place has been used or kept. A tenant may not be responsible where the cause was outside their control. That is NSW Fair Trading’s position. Benefit Pest Management does rental pest control across Newcastle, Lake Macquarie and the Hunter. This is a general guide, not legal advice.
- Last checked against NSW Fair Trading: October 2026
Is pest control the landlord's responsibility?
Sometimes. It depends on when the pests turned up and what brought them in.
NSW Fair Trading‘s position is that landlords are generally responsible for pests and vermin that were already there when the tenancy started. Tenants are generally responsible for pests that turn up later because of how the place is used or kept. Where the cause was outside the tenant’s control, such as a hole in a wall letting pests in, the tenant may not be responsible.
That still leaves room for argument, so the first thing to dig out is the ingoing condition report. Under Fair Trading’s guidance it counts, along with the history of the property. Say the report noted droppings in the kitchen cupboards when the tenant moved in: that’s a record of what was there before them.
One of oursOur ute at a brick unit block.
Pest control for tenants: what you're responsible for
As a tenant you have to keep the place reasonably clean and hand it back in much the same condition you got it, apart from fair wear and tear. Generally, the pests that land on you are the ones that come from how the place is used day to day. The example Fair Trading gives is rubbish left to build up until it draws cockroaches, ants or mice.
A lot of that can be headed off without anyone spraying anything. Put the bins out on time, keep food in sealed containers and the crumbs off the floor, and report a dripping tap to the agent straight away. What draws pests in and how to take it away is on our integrated pest management page, and most of it applies to a rental as much as a house you own.
What landlords are responsible for
A landlord has to provide a place that is reasonably clean and fit to live in. So pests already living there when the tenant moves in are generally the landlord’s to deal with. The landlord also has to keep the place in a reasonable state of repair.
Termites come up from the soil and into the frame of the house, which usually has nothing to do with how a tenant lives or keeps the place. If you own a rental and termites turn up, check where you stand with Fair Trading.
Who pays for pest control in a rental property
Here is the general NSW position. Your own agreement and Fair Trading’s advice for your situation come first.
Pests already there when the tenant moved in
The landlord
Pests getting in through something outside the tenant’s control, like a hole in a wall
The tenant may not be responsible
Termites in the house
Where the cause was outside the tenant’s control, the tenant may not be responsible
Pests drawn in by rubbish, food or mess the tenant left
The tenant
Fleas that started with the tenant’s own pet
Pests that come from how the place is used are generally the tenant’s to deal with
Professional fumigation at the end of the lease, where the agreement makes it a condition of keeping a pet that lives indoors and is a mammal
The tenant
The landlord and the tenant can’t agree
Talk to the agent first, then NSW Fair Trading’s dispute resolution service
If you’re not sure what you’ve got, find out first, because it can change who pays. Ants and termites can look alike. Send us a photo and we’ll tell you what it is.
What the rules say in NSW
The rules come from the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. NSW Fair Trading publishes the plain-English version, including its page on pests or vermin in a rental property.
The pet rules changed on 19 May 2025. A landlord can now make professional fumigation at the end of the tenancy a condition of keeping a pet only if the animal lives indoors and is a mammal. The bond and the rent can’t go up because of a pet either. Fair Trading’s page on keeping a pet in a rental has the detail, including the limits on carpet cleaning.
If the two sides can’t agree, NSW Fair Trading has a dispute resolution service on 13 32 20. Tenancy disputes can also go to the NSW Civil and Administrative Tribunal. The Tenants’ Union of NSW publishes factsheets for renters as well.
We’re pest controllers, not lawyers. Treat this page as a general guide and check your own situation with Fair Trading.
Pest control between tenancies
For landlords and agents, the changeover is the easy time to treat. The place is empty, and anything found then can be dealt with before the next tenant arrives.
For tenants moving out: if your agreement made a professional treatment a condition of keeping a pet that lives indoors and is a mammal, that’s an end of lease pest control job.
What to do if you're renting and you've got a problem
Tell your agent or landlord as soon as you notice. Put it in writing and keep a copy.
Take a few photos: where the pests are, what you’re seeing, and the date.
Check your ingoing condition report for anything it noted about pests.
In the meantime, keep the bins out, food sealed and leaks reported.
If you can’t agree who pays, contact NSW Fair Trading’s dispute resolution service on 13 32 20.
Sort out who’s paying with your agent or landlord before you book us. We treat the pests, and we can’t settle that part for you.
One of oursTermite damage found inside a cupboard, on one of our jobs.
Where we do this
We work from our base at Caves Beach across Newcastle, Lake Macquarie, the Hunter, Port Stephens and the Central Coast, with no call-out fee.
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FAQ
Questions from tenants and landlords
Who pays if termites are found in a rental?
It depends on when they arrived and how. Termites come up from the soil and into the frame of the house. Where the cause was outside the tenant’s control, NSW Fair Trading says a tenant may not be responsible. Whoever ends up paying, tell the agent in writing as soon as you see damage or mud tubes (thin tunnels of dirt that termites build up walls and foundations), so it can be looked at sooner.
There were cockroaches when we moved in. Who pays for the treatment?
Generally the landlord: that’s Fair Trading’s position on pests already there when a tenancy starts. It helps a lot if your ingoing condition report noted them. If it didn’t, tell the agent in writing now, with photos.
Can my lease make me pay for fumigation when I move out?
Only in limited cases. Fair Trading says an additional term can’t require professional fumigation at the end of a tenancy unless the landlord agreed to a pet that lives indoors and is a mammal. You still have to leave the place reasonably clean.
Is a pest problem an urgent repair?
No. The urgent repairs list covers failures such as no gas, power or water. A home that isn’t safe or secure is on it too. For a non-urgent repair like pests, the Tenants’ Union suggests telling the agent in writing and giving a clear deadline.
Can pest control come out of my bond?
Possibly, through the usual bond process. Under Fair Trading’s bond guidance, an agent can claim for cleaning that isn’t back to the standard at the start of the tenancy or for damage beyond fair wear and tear. The guidance says that list isn’t complete, and pests aren’t named in it. A claim you don’t agree with can go to the NSW Civil and Administrative Tribunal.
Do you work with real estate agents and strata managers?
Yes. We do pest work for strata and real estate agents as well as owners and tenants, across Newcastle, Lake Macquarie and the Hunter. Most jobs can be quoted on the phone.
Next step
Renting or renting it out
Renting: tell your agent first, in writing. If the job turns out to be yours, we can book it in from there.
Own the place or manage it: ring us on 0467 561 548 and we’ll talk it through. We get back to every enquiry within one business day. A quote costs nothing, and neither does the advice.
