Advice to landlords.

Recent societal changes have made renting a house out to Tenants more difficult for Landlords. I am referring to the rise in the manufacture and consumption of methamphetamines. 

Landlords must provide a clean property to their tenants. For this reason it is a good idea to test for “P” contamination before letting the property. If the landlord lets the property that is contaminated by “P” they are breaching the Residential Tenancies Act 1986 as well as several other Acts. 

Testing kits are available for purchase on Trademe and these range in price from $10 to $700. I cannot vouch for their quality which I imagine is variable. However you should check that they meet the standards as set out by www.standards.govt.nz .These tests could at least give you an indication of whether contamination is present, and you could follow this up with professional testing if the results indicated a need to do so.

There are signs to look for if you suspect your premises have been or are being used for the production or use of amphetamines. These are: Unusual chemical smells; numerous chemical containers; stains around sinks, tubs or storm water drains; numerous cold tablet packages in the rubbish; plastic or glass containers fitted with rubber tubing; stained glass equipment; or portable gas tanks or cylinders not normally present in the area.

The cost of decontaminating a property is expensive. Remedial measures range from specialised cleaning to through to refitting or demolishing a property. No one wants to be in that position, so what precautionary measures can be taken?

When starting a new Tenancy, Tenancy New Zealand recommend that you insert a clause into the standard tenancy agreement to allow for a “P” test to be done at the time of the regular tenancy inspection. On their website www.tenancy.govt.nz/starting-a-tenancy  you will find a suggested clause to insert. However be aware that any clause inserted must be lawful, and that both Tenant and Landlord must agree. The Landlord cannot terminate a Tenancy for the purpose of entering into a new tenancy that includes terms and conditions that they are unable to enforce in the current agreement. 

If you find that a tenant has been manufacturing drugs on your property, you may find it difficult to prove if you have not tested the property for contamination before they began their tenancy. Testing before letting also covers you for some liability claims and will assist you if you are faced with mediation at the Tenancy Tribunal. 

Your best recourse for prevention is to be careful who you rent to, ask lots of questions and always require references from previous landlords before you rent out your property. Good tenant to landlord relationships and communication makes a happy tenancy for both sides. References  www.standards.govt.nz   www.tenancy.govt.nz

Wairarapa Citizen’s Advice Bureau. Hear us on CAB Talk on 92.7 Arrow Access Radio , Tuesdays 10am”