An increase in meth-contaminated properties has increased the need for rural property owners to be vigilante of drug use on their farms.
A farm client of ours recently discovered their farm cottage was contaminated with methamphetamine (also known as “P” or “Ice”). This has highlighted the growing necessity to undertake a ‘meth check’ of properties.
If you have farm workers living in houses on your property, you are more than an employer, you’re a landlord as well. Under the Residential Tenancies Act, landlords must provide a clean property. Although it can be difficult to monitor a tenant’s behaviour, to ensure you meet with legal requirements it is advised you test for any signs of meth pre-and post-tenancy.
WhAT DOES METH TESTING INVOLVE?
A meth test can determine whether any methamphetamine has been smoked or manufactured in your property. A comprehensive meth test involves taking samples from each room and having them tested in accredited laboratories. If meth has been manufactured in your property, the results will present a dangerous level of contamination. If meth usage alone has occurred, the results will indicate significantly lower levels.
Meth testing of your property can be done in several ways. Professional meth testing companies can undertake a comprehensive test (approximately $2,000) and provide full reports with recommendations for further action if required. Alternatively, at-home DIY test kits (approximately $25) are available if you would like to conduct a test yourself, though these aren’t as accurate as laboratory tested samples.
IMPACT OF METH CONTAMINATION ON YOUR INSURANCE
Meth contamination can have significant impact on your tenant’s and your future tenants’ health, particularly if your property has been used for meth manufacturing. But there are implications for you as the landlord as well.
The increasing prevalence of meth contaminated properties has meant insurance companies are now changing the wording of their policies to ensure greater consistencies and clarity around responsibilities and levels of cover available.
We strongly recommend you contact your insurance provider to find out what you are covered for.
UPDATE TENANCY AGREEMENTS
You can also insert additional clauses into your Tenancy Agreement to exclude the cultivation, production or possession of any narcotic or otherwise banned substance. If you do not have such a clause in your existing Agreement, you will need your tenants’ permission before conducting a meth test.
If you are given permission you are only able to test the premises, not the tenants’ belongings. If you are not given permission, do not proceed with the testing, but seek independent legal advice as it may be considered a breach of the Tenant’s right to the quiet enjoyment of the premises.
If you believe your tenant is using or manufacturing meth in your property, inform the police immediately.
TOP TIPS TO PROTECT YOUR PROPERTY FROM METH CONTAMINATION
- Conduct a rigorous tenant selection process which includes reference and employment history checks of any prospective employee and tenant.
- Undertake regular inspections of your tenant’s property. Six-monthly checks are advised.
- Update your Tenancy Agreements to include clauses relating to the use of meth on the property.
- Contact your insurance provider to make sure you are covered for meth contamination
- Inform the police if you suspect meth is being used or manufactured on your property.
You may also find the following guide to methamphetamine contamination a helpful resource too.
