Rental properties must be free from methamphetamine contamination

Tenants can require a property to be decontaminated or they can leave the tenancy if methamphetamine contamination is at an uninhabitable level.
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Methamphetamine (meth or "P") is an illegal class A drug. Residential properties can become contaminated with methamphetamine residue if the drug is manufactured or smoked heavily in the property. This contamination can persist for a long time and subsequent tenants may be exposed to unsafe levels of methamphetamine until the house is decontaminated.

If a landlord rents out a property that they know is contaminated by methamphetamine, they are breaching their obligations under the Residential Tenancies Act 1986 (s 45(1)(bd) and (1AAB)(a) RTA). They may also be breaching other legislation such as the Building Act 2004 and the Health Act 1956.

If the tenant is already renting the property when contamination is found, the landlord can continue the tenancy as long as decontamination is being carried out (s 45(1AAB)(b) RTA).  

Tenants should request methamphetamine testing 

If a tenant is concerned that the property they are living in, or about to sign up for, could be contaminated by methamphetamine, they should ask their landlord to carry out testing as soon as possible. 

Tenants should ask to see the results of methamphetamine testing before they sign a tenancy agreement. 

It is not a legal requirement for landlords to test for methamphetamine between tenancies. However, it is generally in the landlord’s best interests to get testing done.

The Tenancy Tribunal has emphasised that pre-tenancy testing is essential to determine culpability in most cases of methamphetamine contamination.

Pre-tenancy testing also gives the landlord peace of mind that they are not breaching the RTA by renting out a contaminated property.

How testing is done

Anyone, including the landlord or tenant, can carry out a screening test for the presence of methamphetamine provided that they follow the methods set out in the methamphetamine regulations (reg 8 Residential Tenancies (Managing Methamphetamine Contamination) Regulations 2026).  

If levels above 15 µg/100 cm² are found in the screening test, this indicates contamination and the landlord must carry out further detailed testing using a qualified professional (regs 7(2)(b) and 9 Residential Tenancies Meth Regs 2026).

Find out more about methamphetamine testing and decontamination here

Who pays for testing?

Landlords should generally pay for routine methamphetamine testing between tenancies as part of their normal business costs. 

Before signing a tenancy agreement, the tenant should check if the landlord has included a clause that requires the tenant to pay for methamphetamine testing. Such a clause is not illegal, but the tenant can talk to the landlord about removing it if there is nothing in the tenant’s history to raise concerns about methamphetamine use.

If the tenant has already signed a tenancy agreement that includes a clause that the tenant will pay for methamphetamine testing, the tenant will normally be required to pay for testing as per the agreement. 

Other than where it is a condition of the tenancy agreement, a tenant will not usually have to pay for testing unless there is evidence that they, or someone they allowed on the property, used or manufactured methamphetamine on the premises (as notified by the police or determined by the Tenancy Tribunal).  

Tenants’ rights if the property is contaminated 

If methamphetamine contamination is detected by valid testing, the tenant has a range of rights provided that the contamination has not been caused by them or another person that they permitted to be on the premises, including other tenants or flatmates (s 59B RTA).

Find out more about the actions that can be taken against a tenant if they cause methamphetamine contamination  

If the property needs to be decontaminated

The landlord must decontaminate any parts of the property where methamphetamine levels are greater than 15 µg/100 cm² (reg 5 Residential Tenancies Meth Regs 2026). 

The tenant can stay living in the property while it is being decontaminated if they want to and it is safe to do so. The landlord must complete the decontamination as soon as practicable.

The tenant should talk to the landlord about reducing the rent or paying for them to stay elsewhere if they don’t want to, or are unable to, stay in the property.

The tenant and landlord should also discuss how to manage the tenant’s personal possessions as part of the decontamination process. Some items in contaminated properties may need to be decontaminated or removed to reduce the risk of recontamination.

If the property is not safe to live in

The tenant can give the landlord 2 days’ notice to end the tenancy if methamphetamine levels are above 30 µg/100 cm² in any area of the property (unless only “remote and inconsequential” areas are affected - see below) (reg 6 Residential Tenancies Meth Regs 2026) (s 59B(3) and (7) RTA).

At this level, the property is not safe to live in (uninhabitable). The tenant does not need to go through the Tenancy Tribunal to end the tenancy. The landlord also has the right to end the tenancy with 7 days’ notice (s 59B(6) RTA).

When a rental property is made uninhabitable by methamphetamine contamination, tenants are entitled to a rent reduction that reflects the extent of lack of access. It is best to get any agreement for a rent reduction in writing.

If methamphetamine is detected at uninhabitable levels in only remote and inconsequential areas of the property, the tenant or landlord must apply to the Tenancy Tribunal if they want to end the tenancy (s 59B(4) RTA). A part of the property is considered remote and inconsequential if it is physically separate from the rest of the property, or can be closed off in a way that prevents the spread of contamination to the rest of the property, and the rest of the property can be reasonably lived in without that area (s 59B(8) RTA).

Knowingly renting out a contaminated property is an illegal act 

If the tenant feels that the landlord breached the RTA by renting them a property that they knew was contaminated, the tenant can take a case to the Tenancy Tribunal (s 45(1AAB) and (1AB) RTA). 

If the landlord knows of the contamination, this is an illegal act and the landlord can be fined up to $7,200 (as at 1 March 2026) and may also be ordered to pay other costs (s 45(1A), Schedule 1A RTA). However, the RTA protects landlords from liability if they did not know that the premises were contaminated and they followed all necessary regulations (s 45A RTA). 

Last reviewed on 16 Apr 2026

ferns

Last reviewed on 16 Apr 2026

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