Meth damage liability

Our Experts Answer:

Under the Residential Tenancies Act, landlords have an obligation to ensure that the premises are provided in a reasonably clean and tidy condition at the start of the tenancy. They must also comply with all of the applicable health, safety and building regulations that apply to the premises. This includes ensuring the premises are not contaminated by meth at a level which is a health hazard.

Landlords can also test for meth during tenancies (with the tenant’s permission) and between tenancies. Tenants may be liable for damage that they cause carelessly and will be liable for damage that they cause intentionally, or as a result of an imprisonable offence. This could include meth contamination if there is sufficient evidence that it was caused by the tenant.

If it is unclear when the damage to the property took place and an agreement cannot be reached, either party may apply to the Tenancy Tribunal to have the matter resolved. It may be helpful for the landlord to discuss the matter with their insurance company in advance of making a claim. Where damage to the premises may have existed prior to purchasing the property, it is recommended that the new owner/landlord also seeks independent legal advice.

It is also worth noting that the Prime Minister’s chief science advisor, Sir Peter Gluckman, recently released a report on meth contamination in residential properties. It recommends the introduction of much higher testing levels. But, to date, insurers are continuing to operate to the existing testing levels. Information on this report can be found here.

For more on the rights and responsibilities of landlords and tenants when it comes to methamphetamine, go to www.tenancy.govt.nz/starting-a-tenancy/renting-affected-properties/renting-a-property-affected-by-methamphetamine-p or subscribe to our e-newsletter Tenancy Matters here.