Methamphetamine: To test or not to test?

by Carrie Metcalfe on Sep 03, 2024
Article appears under: iRentProperty, Property Management

Methamphetamine testing as part of tenancy management is a minefield: our industry has been given two different acceptable levels leading to confusion and ambiguity among landlords and tenants.  

The Residential Tenancies Act 1987 mandates that landlords must provide tenants with a safely habitable property. However, it does not specify an exact contamination threshold for methamphetamine. This creates uncertainty for both landlords and tenants regarding what constitutes an acceptable level of contamination.

For many years, the generally acceptable level was the New Zealand Standard 8510:2017. The standard considers a house to be contaminated if methamphetamine is present at levels higher than 1.5ug/100cm3. This compares to a maximum health intervention level of 0.5ug/100cm in Australia. More recently the Tenancy Tribunal has applied the level reported by Peter Gluckman – NZ chief science advisor. The Gluckman report suggested that exposure to meth at levels below 15ug/100cm3 would be unlikely to cause adverse effects.

Recent tenancy tribunal orders and insurance companies have applied the Gluckman level. This means they will only pay out if the contamination is over 15ug, despite the NZ Standard for contamination being 1.5ug.

While there is no law requiring Landlords to test for methamphetamine, iRentProperty firmly believe it is best practice to test all rental properties between tenancies. This gives assurance that a property is habitable for an incoming tenant and clearly establishes who has caused contamination if it is found. It may also be a requirement for some insurers.  

What are the risks of not testing?

The financial implications of not meth testing can well outweigh the cost of routine testing. If a tenant is put into a property that is deemed ‘uninhabitable’ due to meth contamination levels, they can be entitled to their rent being reimbursed for the entire length of the tenancy in addition to replacement costs for their belongings and the cost of temporary accommodation.

If you purchase a property with elevated meth levels, it’s possible you won’t have insurance cover for the cost of cleaning the property, leaving you to foot the decontamination bill. There’s also a moral risk; nobody wants to house people in properties which are deemed uninhabitable – least of all iRentProperty!

What is an appropriate testing regime?

iRentProperty recommends pre-tenancy laboratory composite testing is conducted. For the vast majority of properties we manage, this test is an affordable way to prove that a property is safely habitable and will stand up it the Tenancy Tribunal if the end of tenancy meth test comes back positive.  The meth test needs must be done immediately prior to the start of the tenancy.

Where methamphetamine use is suspected during a tenancy, tenancy legislation defines a process for 48 hours notification and subsequent sampling by a suitably qualified person. Bear in mind, where drug use is suspected, it's plausible that the testers are entering a very unpredictable situation and additional security measures may be required. 

The iRentProperty team can connect the properties we manage with suitably qualified professionals to undertake methamphetamine testing, before, during and after tenancies. With some suppliers, we’ve been able to access industry discounts which mean you can get other assessment such as healthy home assessments and smoke alarm assessments at the same time, at a reduced fee. Get in touch today to discuss our service providers.