methamphetamine contamination
📖 What is methamphetamine contamination? Meaning and definition
Methamphetamine contamination in a rental property is considered damage to the premises, particularly when the levels are high enough to necessitate decontamination. While there isn't a specific 'trigger' level for decontamination stated in the Residential Tenancies Act 1986, the Tenancy Tribunal has previously adopted recommendations, such as those from the 'Gluckman report', suggesting that contamination below 15 micrograms per 100cm² does not pose a threat to human health and does not require decontamination. However, industry guidance, like the New Zealand Standard 8510:2017, recommends decontaminating 'high use areas' to a single level of 1.5μg/100cm², regardless of whether the contamination is from production or use.
Landlords typically need to establish that the contamination occurred during a specific tenancy period if they are seeking to hold tenants liable for cleanup costs. If contamination is found, especially at high levels, it can lead to the termination of a tenancy, as the property may be deemed uninhabitable. Tenants might then claim for expenses like repaid rent or storage costs for their belongings if they are forced to move out quickly.
It's important to note that scientific understanding of the health risks associated with methamphetamine residue from consumption has evolved. A report by the Prime Minister’s Chief Science Advisor in 2018 indicated little evidence supporting health risks from exposure to residue from methamphetamine consumption, in the absence of other evidence of manufacturing. Despite this, the presence of contamination at certain levels can still lead to significant costs for testing and decontamination, which can become a point of contention between landlords and tenants.
📋 Requirements
- The contamination levels must necessitate de-contamination of the premises.
- The landlord must establish that the damage (contamination) occurred during the period of the tenancy.
- Testing results must show positive levels of methamphetamine, often with 'room by room' sample results.
📝 Procedure
- Testing is carried out at the property for methamphetamine, often due to a proposed sale or other concerns.
- If initial results are positive, further extensive testing may be conducted to determine the extent and levels of contamination.
- If contamination levels are high, a seven-day notice to terminate the tenancy may be issued to the tenants.
- The landlord may seek costs for the clean-up (insurance excess) and further testing not covered by insurance.
- The Tenancy Tribunal will assess whether the tenant is responsible for the damage and associated costs.
💡 Examples
- A landlord discovered high levels of methamphetamine contamination during pre-sale testing, leading to the termination of the tenancy and a claim against the tenants for cleanup costs.
- Tenants argued they were not responsible for methamphetamine contamination because no pre-tenancy testing was done, and they sought repayment of rent for an uninhabitable property.
- A detailed assessment report showed methamphetamine contamination levels ranging from 0.1 micrograms to 37.6 micrograms across various rooms, leading to an order for decontamination.
- The Tenancy Tribunal considered the Gluckman report's recommendation that contamination below 15 micrograms per 100cm² does not require decontamination when assessing a damage claim.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What level of methamphetamine contamination is considered a problem in New Zealand?
While there is no specific 'trigger' level in the Residential Tenancies Act 1986, the Tenancy Tribunal has previously considered levels below 15 micrograms per 100cm² as not posing a threat to human health. However, industry standards like NZS8510:2017 suggest decontaminating 'high use areas' to 1.5μg/100cm².
Can a tenant be held responsible for methamphetamine contamination?
Yes, a tenant can be held liable for methamphetamine contamination if the landlord can prove that the damage occurred during their tenancy period. This often requires testing to establish the presence and levels of contamination.
What happens if methamphetamine contamination is found during my tenancy?
If high levels of contamination are found, your landlord might issue a notice to terminate your tenancy, as the property may be deemed uninhabitable. You might then need to move out quickly and could face claims for cleanup costs.
Is pre-tenancy testing for methamphetamine contamination mandatory?
The provided information does not state that pre-tenancy testing is mandatory. However, the absence of such testing can make it harder for a landlord to prove that contamination occurred during a specific tenancy.
What are the health risks associated with methamphetamine contamination?
A report by the Prime Minister’s Chief Science Advisor in 2018 concluded there was little evidence supporting health risks from exposure to residue from methamphetamine consumption, in the absence of other evidence of manufacturing.
Can I claim back rent if my property is found to be contaminated?
Tenants have claimed for rent repayment on the basis that they should not have been paying rent on a property that was not habitable due to contamination. They may also claim for costs like storage of belongings if forced to move.