16 June 2013 – Source: news.com.au
FORMER “meth labs” are being sold and rented to families across New South Wales, with no legal requirement for real estate agents to disclose the property was once used to produce illegal drugs.
Unlike laws which require agents to disclose any “material facts” relating to a suspicious death at a property, there is no legislation protecting residents from moving into a home once used for drug manufacturing.
It’s feared buyers and renters may be at risk of suffering chemical contamination from harmful residues left behind.
Last year the Australian Crime Commission reported 809 methamphetamine lab drug busts across the country, up from around 600 in 2011.
Once the drug machinery is removed, the property is made available for lease or sale, despite chemical contamination levels in meth labs being thought to be more harmful than asbestos exposure.
Methamphetamine specialist Dr Nicholas Powell said children, the elderly and asthma sufferers were most at risk.
“The most common complaint from second-hand methamphetamine exposure is respiratory irritation, appetite suppression, irritable eyes and sleep problems,” he said.
Former meth lab cleaning is a growing industry.
Nalin Alwis of Master Floor Care has decontaminated 17 former meth labs in Sydney in suburbs such as Ultimo, Greenfield Park, Kenthurst and Chatswood.
“I’ve been in properties where I found very high levels of contamination and there are baby pyjamas and dummies lying around,” he said.
While many landlords and property agents will try to clean up former meth labs by using regular household cleaning products, Mr Alwis said that was not enough.
His teams wear double gloves, special boots and respirators — getting a property healthy again can take up to three months.
“It’s a very dangerous and serious problem,” he said.
A lack of regulation around “clean-ups” and no clear legal obligation to declare a property as a former meth lab to potential tenants or buyers, means families often have no idea that they are in harm’s way.
Grant Arbuthnot, principal solicitor of the Tenants’ Union of NSW, said a landlord was legally required to provide and maintain premises in a “reasonable” condition.
However they only had to declare a home’s criminal history if a violent crime had taken place.
“However, if a landlord knew a premises was a former meth lab and a health risk and did nothing about it, then they would be in breach of the tenancy regulations and subject to a penalty,” he said.
The burden of proof almost always falls on the tenant, who may have to spend hundreds of dollars having tests conducted.
“If you have invisible contaminants the tenant will have to get expert evidence and even if you get as far as the Rental Tribunal, they rarely pay back costs,” he said.
“The tenant’s only other option is to abandon the contaminated property and pay a breaking of lease fee,” he said.
