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Hi, my landlord is insisting on a pest treatment in my flat next week. There is not a vermin issue inside and as I have a autoimmune condition would like to say no as I’d prefer not to be exposed to the chemicals. Do I have any right to refuse the pest inspection/treatment? Any advice welcome. Thanks!
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Search for “Resdential Tenancies Act 2010” on the NSW Legislation web site.
Division 4. Sections 55 to 61 are relevant to your question.
Section 55 Paragraph 2 says that the landlord can enter the premises to do maintenance if they give the tenant at least two days’ advance notice.
I suggest you read through this yourself and see if there is a way you can remedy the situation. Perhaps a polite request to the landlord supported by a letter from your GP or specialist doctor would be enough.
In my experience, pest control is related to vermin on common property and is arranged by and paid by the owners corp. If a landlord or tenant want their property specifically treated in addition to the common property, then the landlord or tenant would pay for that.
Does your lease mention pest control treatment?
If yes, then the question is why you agreed to such a clause.
If not, then regardless of whether you are asked to pay for the treatment, I believe you can reject doing so based on health grounds.
I suggest you (a) assume the landlord has offered to pay for the treatment (if there is no mention that you are to pay) and (b) write to your landlord along the following lines: “Thank you for the offer to treat the premises, but on doctor’s advice my state of health prevents me agreeing to treatment at this time. If my health improves and if my doctor believes that the chemicals will not affect me, at that time I will let you know”.Ensure you have such a note from your GP dated before writing to the landlord.