Who pays pest management costs

Discussion in 'Property Management' started by ramblin72, 4th Oct, 2016.

Join Australia's most dynamic and respected property investment community
Tags:
  1. ramblin72

    ramblin72 Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    83
    Location:
    QLD
    I am looking for a bit of feedback on an email I got from my tenant last night (self managed) about an ant infestation that happened on the weekend. She got an emergency pest control guy out on a Sunday to deal with the ants that showed up in one bedroom. The cost was $180. Her email didn't specifically request reimbursement but just said she wasn't sure and would look at the contract...I read that she wants to let me step forward and pay for it without her having to ask.

    Our contract (standard RTA) doesn't cover pest management specifically. I've looked on the QLD RTA website and their comments about pest control basically say there's no hard and fast rule. The tenant has been in there for 12 months and we've had no issues before. Termite inspection was done about 10 months ago and all was good then.

    She did say the body corp had tree loppers on site the day before the ant invasion and that they were chopping trees down. She said the pest control guy suggested maybe they were disrupted from a tree and went into the house to build a nest. The property has no trees as we had one removed about 18 months ago, but it's a unit so there are neighbouring trees in other yards. It's a theory anyway...nothing definitive.

    I am going forward with stating it's her bill to pay because I really can't see any reason where that it's mine to pay. I am looking for some confirmation if anyone has any to share on similar situations.

    She is a good tenant and I don't distrust her or believe she is trying to get out of the bill. She's probably listening to the pest control guy and is sussing a reimbursement out. I'm happy to inquire with the body corp about it on her behalf but think the bill will be hers to pay.
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    My view is :

    - Anything in the first couple of months of tenancy -> owner as could have been pre-existing
    - Anything that would come to the property due to tenants' living habits -> tenant
    - Anything that could come to the property regardless of living conditions -> owner
     
    Lil Skater, JacM, wylie and 2 others like this.
  3. Phoenix Pete

    Phoenix Pete Well-Known Member

    Joined:
    1st Jul, 2016
    Posts:
    346
    Location:
    PM - Sydney NSW
    I agree with DT though here in NSW I believe that the 'three month rule' no longer exists.
     
    ramblin72 likes this.
  4. ramblin72

    ramblin72 Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    83
    Location:
    QLD
    Thanks DT, those views make sense to me. She is a clean and tidy person so I know it wasn't from her. Might be a combo of tree lopping and some rains. I think the pest control people are forwarding a report for her. Maybe something in that will trigger me to make a decision either way. I'll also follow up with the body corp to see where that might go.
    Thanks again
     
  5. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    In that case I'd say paid by owner.
    And then if you get a report that specifically mentions some body corp activity then see if you can get them to reimburse part.
     
    Lil Skater, JacM, wylie and 1 other person like this.
  6. Threebythree

    Threebythree Active Member

    Joined:
    1st Jul, 2015
    Posts:
    42
    Location:
    Sydney
    The guidelines from the RTA is unclear who pays for it. It almost alludes the landlord needs to do this annually if requested by the tenant.
    I am in the same boat... Thought i wouldn't classify it as an emergency!
     
    wylie likes this.
  7. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

    Joined:
    1st Jul, 2015
    Posts:
    1,894
    Location:
    Australia
    Yes as stated above the RTA is not specific regarding ongoing pest issues during a tenancy. If it can be proven that the pests are present from tenants actions (leaving food out, leaving rubbish around the house) then it would clearly be the tenants responsibility. In your case though it doesn't sound like this is the case.

    Certainly could be an option to contact body corp as mentioned above yes! If no luck and if the dispute is ongoing then a possible outcome could be agreeing to pay half given you advised she is a good tenant to move forward and reiterate the meaning of emergency repairs (agreed this would not be considered an emergency, unpleasant yes however would not warrant a Sunday call out fee!) . You may have already read this on the RTA website however here is an article regarding pest control.

    Common questions include 'Are owners required to have pest control done regularly?', and ‘Do tenants have to pay to have any pests removed?’.

    While Queensland tenancy laws do not make specific reference to pest control, they do refer to the general standard of the property and how it should be maintained.

    Generally, lessors must ensure the property is fit for the tenant to live in and kept in good repair. Lessors can take preventative pest control measures such as white ant/termite treatments to minimise the risk of damage to a dwelling’s structure.

    The tenant must keep the place clean and undamaged, and return it in the same condition as at the start of the tenancy, after allowing for fair wear and tear.

    During a tenancy, responsive pest control measures may be needed, such as treatments for pests and vermin such as ants, fleas, cockroaches and rats.

    The lessor/agent and the tenant should consider why the pests are present and whether it relates to one party’s failure to comply with their tenancy obligations.

    If vermin such as mice or rats are caused by the tenant’s actions, the tenant would be responsible for dealing with the pests.

    Jodi
     
  8. Heinz57

    Heinz57 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,978
    Location:
    Paradise
    If in Brisbane the rain would have brought the ants out over the weekend. They often seem to disappear by themselves.
     
    wylie likes this.
  9. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    Ants an emergency? Not unless they are some sort of aggressive poisonous ant!

    A bottle of Ant Rid and a shaker of ant sand would cost less than $20.

    Ants commonly come inside when rain threatens.

    However, if the photo is showing an ant path over her bed and pillow (rather than in a spare room) I can understand that she was a little freaked out.
     
    wylie likes this.
  10. Gockie

    Gockie Life is good ☺️ Premium Member

    Joined:
    18th Jun, 2015
    Posts:
    14,801
    Location:
    Sydney
    Try the plug in ultrasonic devices too. And... I think the tree loppers disrupted the ants. I had the same, ants kept coming in and it might have been because some outside digging for clogged plumbing outside my property happened.
    I don't know who should be responsible for this.
     
  11. jins13

    jins13 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    2,358
    Location:
    Sydney
    Interesting points by all. I for one have always paid for the pest management (NSW). German cockaches!
     
  12. robboat

    robboat Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    177
    Location:
    Sunny Queensland
    Those ants look like they are swarming - looking for a new home -
    Often happens after the nest is disturbed or flooded.
    Easy kill with aerosol pest spray at the point of entry and concentrations of insects, then vacuum them up.

    Seem the OP will wear the cost, but he can still try the BC for compensation if they organised the tree lopping.
    $180....= tax deduction....;)
     
  13. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Geez....no way hosay, not without calling first & how about a can of pest spray ? if it is the first day they have turned up, that is overkill....may be linked to the tree lopping too.
     
  14. Hedgy

    Hedgy Well-Known Member

    Joined:
    6th May, 2016
    Posts:
    152
    Location:
    Sydney
    Had a few tenants in the past that have requested it for cockroaches. I have paid in the past without giving it any thought. But must admit now that I've read this thread I will look into it further to find out exactly who the onus rests with.
     
  15. Ald

    Ald Well-Known Member

    Joined:
    6th Jul, 2016
    Posts:
    775
    Location:
    NSW
    Dude just pay the bill and stop being silly.
    This is a person that is in your investment and she pays you money every week. She is a good tenant, try and loose some battles in your life just to be kind. You will gain more.
     
    Oscara likes this.
  16. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Right.

    So, when a home owner pays the bank, the bank should stop being silly and just pay for whatever we ask for, right ?

    Oh, the bank won't pay ? So who do we call then, who looks after us home owners ?...hang on, I am waking up now......

    The NSW rules are pretty clear and pretty logical too, there are times when it may not be clear, such as in a strata block where one of the neighbors might be a bit of a pig, but basically, your not going to have infestations just appear and hang around if there is nothing for them to eat.

    If they were not there when you handed the place over, and 6 months later the tenants are having problems, well it is for a reason............
     
    Hedgy likes this.
  17. Ald

    Ald Well-Known Member

    Joined:
    6th Jul, 2016
    Posts:
    775
    Location:
    NSW
    Oh dabbler dabbler.

    I fully expect to see the bankers in hell with me if and when I get there.