Methamphetamine testing - Is it still required ?
• Neither the NZS : 8510 standards or the Gluckman report place a legal requirement for methamphetamine testing onto landlords , and the RTA Amendments Act changes are still not decided .
When considering whether or not to test your rental property for methamphetamine contamination Ray White advise all landlords to consider two key questions :
• What does your insurance policy require in order for cover to remain in place ?
• What is your appetite for risk and ability to cover remediation costs in a worst-case scenario ?
Most insurers still require a pre-tenancy baseline test be completed in order for your cover to be in place if contamination is found . Some insurers are also still using the NZS : 8510 guidelines of 1.5 μg / 100 cm 2 as their maximum allowable limit for a habitable property .
The Tenancy Tribunal have indicated that in situations where contamination has occurred solely through personal use , they will look to adopt the Gluckman report standards of 15 μg / 100 cm 2 .
A baseline test between tenancies is still the only way to provide clear evidence of liability and accountability for any contamination in a situation where it occurs . It also acts as a deterrence for such behaviour .
This information is correct at the time of printing ( June 2023 ), however , we recommend you check your insurance policy wording carefully and speak with your insurer if you have any concerns .
What are the best practice steps for landlords ?
We advise that a pre-tenancy baseline test is still the most effective way to help protect your investment . It is the only way to identify any drug presence , prior to a tenancy beginning , or at the conclusion of any tenancy .
A ‘ no presence detected ’ baseline test remains the only way for landlords to ensure they are positioned correctly to help place liability onto those who caused any contamination should it occur .
If any contamination is found to be present above the NZS : 8510 maximum allowable levels ( 1.5 μg / 100 cm 2 ) we recommend landlords seek professional advice from their property manager at that time to clarify where the current industry position lies .
Methamphetamine - how can we help ?
Our property managers have access to a comprehensive methamphetamine risk management policy aimed at educating staff on how to recognise and deal with any such activity that may occur at one of our managed properties .
All offices are also provided with a full suite of appropriate clauses and acknowledgements for tenancy agreements to ensure incoming tenants are aware this is something we may check for , and are aware of . Ray White property managers also have access to tenancy law specialists who can guide clients through these situations if they occur .
We recommend you seek our assistance if you have questions or would like more information on this issue .
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