Drug labs - best practice advice and training video

There are no specific sections in legislation in Queensland that allow for a tenancy agreement to end due to a drug lab being found at a rental property. However the tenancy may be able to end due to non-liveability provisions of the RTRA Act. This provision is for situations where a property is partly or completely unfit to live in due to contamination.  Property Managers should ensure immediate communication with lessors in the event of a lab being found at a rental property and keep them informed accordingly. Ensure that communication is diarised in file notes and written instructions are sought from the lessor.  Queensland Police generally write to the owner of the property within a certain time frame to advise them that a drug lab has been found at their property. If the lessor has landlord protection insurance, appropriate contact and advice should be sought immediately from the insurer as to coverage and further procedures.

Following are some best practice suggestions as to how to legislatively deal with the situation of a drug lab being found at a rental property.

Breach of Agreement

Depending on the circumstance, the tenant could be breached for standard term 21 (2) of the agreement; using the premises for an illegal purpose plus breached possibly for standard term 26 (1) – not keeping the premises clean and ordered to clean up the property in accordance with national clean up guidelines.

If the tenant does not remedy the breach within the allowed remedy period (7 days), a notice to leave could be issued for not remedying the breach under section 281 of the RTRA Act. The tenants should be provided with the national remediation cleaning guidelines when the notice to remedy is provided.  Visit www.police.qld.gov.au/programs/druglabs for more information and to access the cleaning guidelines.

The tenant could also be given a notice to leave (same day notice) for non-liveability as the property is party or completely unfit to live in. If the tenant does not vacate under this provision, property managers should apply to QCAT for a termination/warrant of possession for failure to leave. This option is strongly recommended.

Option 2 – Urgent Application to Tribunal

Another possible course of action (which is recommended) when a drug lab is found at a rental property is to apply to Tribunal to have the tenancy terminated under the following provisions. The following applications are urgent application as defined in section 415 of the RTRA Act.

·        Objectionable behaviour (section 297 of the RTRA Act)

·        Damage to the property (section 296 of the RTRA Act)

Some landlord insurance providers now have provisions for drug lab clean ups in their insurance policies. Policies and details should be checked with individual insurers. If a landlord refuses to decontaminate and clean their property in accordance with the national clean up guidelines, termination of the management should be provided due to risk management.

This information is relevant to QLD – all other states and territories should check with their own legislative provisions on ways to end the tenancy due to drug labs and seek appropriate advice if required. The clean-up guidelines are national.

To view a half hour training video on Drug lab awareness and education, visit http://www.youtube.com/watch?v=9kJq547V4R8 - the video is relevant nationally.

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