Drug destruction proved despite no pre-tenancy test

While the Tenancy Tribunal will not usually terminate a tenancy on the grounds of methamphetamine contamination unless there has been a pre-tenancy test, adjudicator J Greene says the replacement brand new door installed a week after the tenancy started, which was “then shown to be contaminated, is proof of probable methamphetamine contamination during the tenancy”.

Tenant Bridget Quartermain’s mother, who represented her at the Tenancy Tribunal, says in the absence of a pre-tenancy methamphetamine report, landlord Barry Gamble could not prove her daughter caused the contamination at the Linwood flat.

While Gamble says he did not have the premises tested before the tenancy, he produced evidence methamphetamine had been used, possibly manufactured, at the premises resulting in the contamination in six rooms to levels well in excess of 15μg/100cm2. That is a level above which it is considered dangerous to people’s health. Only two rooms and the garage were below 15μg/100cm2 which is the level the tribunal works to when determining whether premises are contaminated to a point where there is endangerment to health.

“At levels of 32, 35, 48, 49, 73 and 95μg/100cm2, the contamination meant the premises were so seriously damaged as to be uninhabitable, says Greene.