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Australia tightens up obligations

Several states in Australia are becoming more proactive in addressing methamphetamine contamination in rental properties, with clearer regulations, testing, and remediation protocols.


Recent changes to legislation regarding methamphetamine contamination are likely to highlight the growing number of contaminated properties under management. While property managers do their upmost to maintain properties on behalf of their clients, the risk of methamphetamine contamination is omni-present and can be difficult to assess during regular inspections. Irrespective, expect to see cases testing responsibilities as remediation costs hit property owners.


Here’s a breakdown of the most proactive states:


South Australia stands out as the most proactive state when it comes to addressing methamphetamine contamination in rental properties.

The Residential Tenancies Act 1995, particularly Section 67B, explicitly addresses meth contamination. Landlords are required to test for contamination if suspected, notify tenants, and remediate if necessary. South Australia has developed clear standards for dealing with methamphetamine contamination, setting out guidelines on how to handle contaminated properties and when they may be deemed uninhabitable. The state has developed specific clandestine drug lab guidelines to help landlords manage the contamination.


Queensland has also taken steps to deal with meth contamination, The Residential Tenancies and Rooming Accommodation Act 2008 includes provisions regarding unsafe or uninhabitable conditions due to contamination.

Landlords are required to address health and safety risks associated with contamination. If methamphetamine contamination is suspected, landlords must arrange testing and undertake remediation if necessary. If contamination is proven, tenants can request remediation, and the property may be considered uninhabitable if the contamination exceeds safe levels.


The remaining states hold landlords accountable for providing habitable and safe living conditions. While the the states do not necessarily explicitly address meth contamination, landlords are still responsible for dealing with contamination when discovered.

 
 

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