Rats and mice in a rented home in Ealing: what the court case means for London tenants

What happened in Ealing

Ealing Council has been ordered to pay compensation and costs after a complaint that a home in Ealing had an active presence of rodents such as mice and rats, London Now reported on 18 October. The case was heard at Ealing Magistrates' Court on 7 October under section 79(1)(a) of the Environmental Protection Act 1990. The council first pleaded not guilty, then pleaded guilty.

The court gave the council 28 days to get rid of the rodents and carry out the work needed to stop them coming back. In a statement, an Ealing Council spokesperson said the council had found repair work that needed doing at the property, that it was not completed as quickly as it should have been, and that its repairs contractor had been told to prioritise the work.

Why it matters if you rent in London

The case turns on repairs, not just on treatment. Mice and rats get into homes through gaps around pipes, damaged air bricks and broken brickwork, and baiting alone will not hold if those gaps stay open. When the gaps are part of the building, putting them right is usually the landlord's job. GOV.UK's guidance on private renting says a landlord is always responsible for repairs to the property's structure and exterior, and to pipes and drains. Council tenants can read the GOV.UK guidance on council housing repairs.

The route the Ealing complaint used

Section 79(1)(a) of the Environmental Protection Act 1990 makes it a statutory nuisance when premises are in such a state as to be prejudicial to health or a nuisance. Under section 82, a person affected can complain directly to a magistrates' court, which can order the nuisance to be put right. Where the cause is structural, the complaint is made against the owner of the premises. Before going to court you must give the landlord written notice of what you are complaining about, and for a problem like this the notice period is at least 21 days.

Most landlords act long before that point. In practice, the steps are:

1. Report the problem to your landlord or housing officer in writing, and keep a copy.
2. Keep a record: dates, photos of droppings, gnaw marks or damage, and any gaps you can see.
3. Ask for the entry points to be repaired as well as treated.
4. If nothing happens, ask your council's environmental health team for advice, or take independent legal advice about the section 82 route.

Getting help in Ealing and across London

If you are a landlord, a managing agent or a tenant who has been told to arrange treatment yourself, see our mice control and rat control pages, or pest control in Ealing. We give a fixed written quote after a free survey.