Host – Belinda Heit – People and Culture 

Guest – Michaela Alletsee – Customer Experience 

Host: Welcome to the Talking Tenancies podcast, brought to you by the Residential Tenancies Authority. I'm your host Belinda Heit. Join me as we explore everything you need to know about renting in Queensland, with experts from the RTA and industry. We're here to help make renting work for everyone.  
 
Illicit drug laboratories are places where illegal drugs such as methamphetamine, otherwise known as meth, are manufactured. If illicit drug use or manufacturing occurs in a rental property, this can cause contamination that may affect the livability or state of repair of the property for future tenants.  
 
In this episode, we discuss the steps you can take if you think a rental property has been contaminated from illicit drug activities. Today's expert from the RTA is Michaela Alletsee. Welcome Michaela.  

Guest: Hey, Belinda 

Host: Thanks for joining us again. Now please tell us about your role at the RTA and what you're responsible for. 

Guest: Yes, as a Manager at the RTA within our Customer Experience Division, I look after multiple teams of officers who speak to tenants or property managers and owners seeking information about renting in Queensland. We also provide information about our services such as free and confidential dispute resolution to help tenants, property managers and owners resolve their issues quickly and without the need for any legal action. 

Host: Yeah, now your busy team answers more than 1,200 calls a day on various topics to do with renting. What are Queenslanders wanting to know about drug contamination in a rental property? 

Guest: Well, their questions do vary depending on everyone's circumstance. Suspected drug contamination can be a complex and serious matter, and so a lot of the questions that we hear are around what options are available and what everyone's rights and responsibilities are when concerns are raised.  

While drug contamination isn't specifically mentioned in Queensland's rental laws, property managers and owners do have a responsibility under the Residential Tenancies and Rooming Accommodation Act to ensure that a property is fit to live in, is in good repair, and abides by all health and safety standards.  

For a complex issue like drug contamination, there may be other legislation that applies. We know that any issues that causes a potential risk to the health and safety of a rental property should be top priority for everyone involved in a tenancy. 

Host: Yeah, it's a complicated one. Now, if someone suspects a drug lab is in operation, what should they do? 

Guest: Well, an active drug lab is a criminal matter and that is treated very differently to where suspected past contamination of a property may have occurred. If you suspect that an active drug laboratory is in operation, contact the Queensland Police Service immediately via their police link number 131 444, or report it online on the Queensland Police Services website. 

Host: Now, if someone believes a rental property is contaminated from previous drug use or manufacturing, what can they do? 

Guest: So, if a tenant, property manager, or owner suspects that a property is contaminated from illicit drugs, they should bring up their concerns with the other party as soon as possible. Testing may be then considered to confirm if traces of harmful substances are detected. Queensland Health provides some helpful information on its website, including around cleaning options and also offers do-it-yourself sampling kits for drug contamination testing, but you can also engage a commercial testing company to do the testing on your behalf.  

It is important to note, though, that if a tenant requests this testing and is ignored, the tenant can issue a Notice to remedy breach form which is available on the RTA's website. For any testing or assessments property managers or owners still need to give tenants appropriate notice for entry to the property. 

Host: So, what if drug contamination is confirmed? 

Guest: If contamination is confirmed in some cases, the local government can issue a public health order to the rental property owner to ensure that an assessment is carried out by a qualified person to determine if a public health risk is present. It's the property owner's responsibility to cover the costs of complying with the public health order.  

Under the public health order, the property owner may be required to take action to ensure the public health risk has been removed or reduced. However, the tenant is responsible for removing and disposing of any contaminated furniture or personal possessions they own.  

If a public health order has been issued, it's best to check with your local government about what post clean up testing is required. Queensland Health also offers post clean up kits. 

Host: So how might a tenancy be affected if there is confirmed drug contamination and what actions can be taken? 

Guest: If contamination is found at unsafe levels and requires remediation tenants will usually need to vacate the property until remediation is complete. In some cases, this property may be deemed unlivable. There are two options for tenants and property managers or owners if there is confirmed drug contamination. 

Option one is to continue the tenancy if both parties agree. The tenant and property manager or owner will need to discuss how long the remediation process will take and if the tenant can arrange temporary accommodation for the duration. The property manager or owner might also agree to temporarily reducing or waiving the rent while the property is vacated, which needs to be agreed and documented in writing.  

After remediation is complete, the tenant and property manager or owner may wish to terminate the lease agreement and sign a new one. The terms of the agreement don't need to be the same as the old agreement, it's something that can be negotiated.  

Option two is to end the tenancy. The tenant or property manager or owner may wish to terminate the tenancy for health and safety reasons and to allow time for remediation. It's up to both parties to discuss how they want this to proceed, and they should try and self-resolve any issues or concerns. 

Notice needs to be given in writing and the correct notice periods for ending a tenancy must be followed. If the drug contamination is identified in the first 7 days of occupying the property, the tenant may be able to give a notice of intention to leave on the grounds the property isn't fit to live in. If contamination is identified in the first three months, the tenant can apply to the Queensland Civil Administrative Tribunal for an order to terminate their tenancy. 

Host: So, I'm curious, who pays for the cost to repair a property that is contaminated by drugs or drug use? 

Guest: So, depending on the extent of the contamination, remediation can be quite expensive. We recommend that property owners have landlord protection insurance as some policies may cover the costs of cleaning a drug contaminated property. It's best that property owners have a chat with their insurer to find out what's covered and what excess may be payable.  

If a public health order is issued, the property owner is responsible for any costs associated with compiling and complying with that order. As I mentioned earlier, tenants are responsible for their own possessions. Sometimes unfortunately, furnishings or other personal possessions may also become contaminated and may need to be either cleaned or thrown out. 

Just like we recommend landlord protection insurance we also recommend that tenants should consider obtaining contents insurance. Again, tenants should get in touch with their insurer to find out what's covered. 

Host: Okay, it gets complicated, doesn't it?  

Guest: Very.  

Host: What if a proven drug contamination cannot be resolved? 

Guest: Yeah, so it is important that all parties are proactive in self-resolving their concerns and solutions such as discussing potential remediation for drug contamination and options for the tenancy. If the parties can't come to an agreement or self-resolve, the RTA does offer free and impartial dispute resolution, which either party may instigate. 

Host: That's been super helpful as always Michaela. Now where can people go if they want to learn more? 

Guest: Listeners can contact us on 1300 366 311 for support or visit our website which includes some great resources on your rental rights and responsibilities.  

For more information about potential health risks from drug contamination, you can contact Queensland Health's Public Health Unit or visit the Queensland Health website. 

Host: Well, thanks Michaela for helping us to get a greater understanding of what we need to know when it comes to drug contamination in a rental property in Queensland. 

Guest: Thanks, Belinda. 

Host: Thank you for listening to the Talking Tenancies podcast. For more information about the Residential Tenancies Authority, visit rta.qld.gov.au.