Illicit drug laboratories are places where illegal drugs such as methylamphetamine (meth) are manufactured. During the manufacturing process, harmful contaminants are produced. These substances can be absorbed into a building's walls, ceilings, fixtures and furnishings.
Drug use within a rental property can also lead to contamination, although usually not to the same levels as when manufacturing has occurred.
If you suspect that an active drug laboratory is operating in a property, contact the Queensland Police Service (QPS) immediately on 131 444 (Policelink) or report it online on the QPS website. You can also refer to the QPS website – what to do if you suspect a drug lab.
The information below relates to suspected contamination of a property from previous illicit drug activities.
Possible signs of contamination
If a property is contaminated from drug manufacturing or drug use, tenants may experience symptoms of exposure such as throat irritation or breathing difficulties. For further information about possible symptoms and health risks, refer to Queensland Health – illicit drug laboratories or enHealth guidance – Guidance on clandestine drug laboratories and public health risks.
What to do if you suspect that a property is contaminated
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) doesn’t specifically mention drug contamination. However, the Act does state that at the start of a tenancy and throughout, the property manager/owner has the responsibility to ensure the premises (and inclusions) are fit to live in, are in good repair and abide by all health and safety standards including minimum housing standards.
If a tenant or property manager/owner suspects a premises might be contaminated from illicit drugs, they should mention their concerns to the other party as soon as possible. The tenant and property manager/owner may then consider testing to confirm if traces of harmful substances are detected – or not detected – in the property. If a request by the tenant to arrange testing is ignored, the tenant may consider issuing a Notice to remedy breach (Form 11).
Queensland Health’s Forensic and Scientific Services is an accredited laboratory that provides do-it-yourself sampling kits for drug contamination testing. Alternatively, you can also choose to engage a commercial testing company to do testing on your behalf.
Health risks from former illicit lab sites are regulated by local government authorities under the Public Health Act 2005. In some cases, the local government can issue a Public Health Order (PHO) to the rental property owner to ensure that an assessment is carried out by a suitably qualified person to determine if a public health risk is present. Any costs incurred to comply with the PHO are the property owner’s responsibility.
The property owner may be required under the PHO to take action that ensures any possible public health risk at the rental property is removed or reduced to a level where there is no longer a risk to human health. The tenant is responsible for removing and disposing of any contaminated furniture they own or personal possessions. You can find out more about acceptable levels for contaminants and recommended approaches for remediation in the Australian Government’s clandestine drug laboratory remediation guidelines.
If a PHO is issued, check with your local government about what post-clean up testing is required. Queensland Health’s Forensic and Scientific Services also offer post clean-up test kits.
For any testing or assessments, it’s important that appropriate notice for entry to the property is given to the tenant.
How drug contamination affects a tenancy
If contamination is found at unsafe levels and remediation is required, the property will usually need to be vacated until remediation has occurred. This helps protect the health and safety of tenants. The tenant may also need to arrange for the disposal of any contaminated possessions.
In some cases when a PHO is issued, the property may be deemed unliveable. Further information is available about when a property becomes unliveable.
Option A: continuing the tenancy
If the tenant and property manager/owner would like the tenancy to continue, they will need to discuss how long the remediation process will take and whether the tenant can arrange temporary accommodation for the duration.
If the tenancy continues during the remediation work, the tenant and property manager/owner may agree to temporarily reduce or waive the rent while the property is vacated. Any temporary rent change should be agreed and documented in writing.
The tenant and property manager/owner may wish to terminate the agreement and sign a new agreement after remediation is complete. The terms of the new agreement would need to be negotiated and would not necessarily be the same as the old agreement.
Further information is available on the property becomes unliveable page.
Option B: ending the tenancy
The property manager/owner or the tenant may wish to terminate the tenancy for health and safety reasons and to allow time for remediation. Both parties should discuss how they would like to proceed and try to self-resolve any issues or concerns as they arise. Notice needs to be given in writing and the correct notice periods for ending a tenancy must be followed.
Further information for property manager/owners is available in the ending a tenancy agreement for managing parties fact sheet.
If the drug contamination is identified in the first seven days of occupying the property, the tenant may be able to give a Notice of intention to leave (Form 13) on the grounds that the property is not fit to live in. If the contamination is identified in the first three months of the tenancy, the tenant may wish to apply to the Queensland Civil and Administrative Tribunal for an order to terminate their tenancy. See the Ending a tenancy agreement for tenants/residents fact sheet for further information.
Costs to remediate contamination
Depending on the extent of the drug contamination in a property, remediation can be quite expensive. The RTA recommends that property owners consider obtaining a landlord protection insurance policy. Some policies may cover the costs of remediating and cleaning a drug contaminated property. Property owners should speak to their insurer to find out what coverage is provided, and what excess may be payable.
If a PHO is issued, property owners are responsible for any costs associated with implementing the requirements.
Tenants are responsible for their possessions. In some cases, furnishings and other items may be affected by drug contamination and may need to be cleaned or disposed of. The RTA recommends that tenants consider obtaining contents insurance. Tenants should speak to their insurer to find out if their policy covers potential contamination of their possessions.
Resolving disputes
Proactive communication between the property manager/owner and tenant to discuss drug contamination concerns, potential remediation and options for the tenancy can help both parties self-resolve any issues as they arise. For tips on how to work together to come to a solution, see the how to resolve tenancy issues webpage.
If there are issues which can’t be resolved by self-resolution, either the tenant or the property manager/owner can seek free and impartial dispute resolution from the RTA.
More information
For further information regarding possible health risks from drug contamination, contact Queensland Health’s Public Health Unit or visit the Queensland Health website.
For further information about detecting drug contamination, acceptable levels and recommended approaches for remediation refer to the Australian Government’s clandestine drug laboratory remediation guidelines.
To find out more about your rights and responsibilities in a tenancy, or for more information or support, you can contact the RTA on 1300 366 311.