Landlord has won his dispute regarding flea infestation
The case
In a recent case a landlord has won his dispute regarding the infestation of fleas that became apparent after the tenant and their cat had vacated the property.
Dated and signed check-in and check-out reports along with the from a pest treatment contractor plus report stating his opinion, various emails and a photograph of a flea-bitten ankle was submitted to the adjudicator.
The tenant stated that there was no evidence of fleas at the property when they vacated the property. The tenant also emphasised that the cat has never had fleas as it was always been flea-treated by the vet and provided evidence of this
After taking all the evidence and reports into consideration the adjudicator was persuaded, on a balance of probabilities, that the flea infestation identified within a short number of weeks of the end of the tenancy was likely the result of the presence of the tenant’s cat at the property.
As there was no record or report of a flea infestation at the start or during the course of this tenancy, the adjudicator was satisfied to award the landlord the cost they had claimed from the tenant’s deposit for the eradication of the fleas at the property.
The clause in the tenancy agreement states, “The tenant will be liable to compensate the landlord for any losses due to flea infestation by an animal of the tenant, his family or his visitors”.
The disputed amount was £180, which related entirely to a contractor’s fee to attend the property and fumigate to eradicate the fleas.
Purely based on the fact there was no record or report of a flea infestation at the start or during the course of this tenancy, the adjudicator was satisfied to award the landlord the cost they had claimed from the tenant’s deposit for the eradication of the fleas at the property.