Queensland Health’s Forensic and Scientific Services is an accredited laboratory that provides do-it-yourself sampling kits for drug contamination testing. Property managers/owners or tenants/residents may choose to conduct their own 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 clean up 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.

If contamination is found at unsafe levels and clean up is required, the property will usually need to be vacated until clean up 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. The tenant may also need to arrange for the disposal of any contaminated possessions. If contamination is found at unsafe levels and clean up/decontamination is required, the property will usually need to be vacated until the process has occurred. This helps protect the health and safety of tenants.

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 clean up process will take and whether the tenant can arrange temporary accommodation for the duration.  

If the tenancy continues during the clean up 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 clean up. 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 clean up. 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.  

Depending on the extent of the drug contamination in a property, clean up can be quite expensive. The RTA recommends that property owners consider obtaining a landlord protection insurance policy. Some policies may cover the costs of 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.