Volume 2 - Issue 2 January 2019

IN THIS ISSUE     What's your why?    |    Due Diligence   |    RTAB2
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WHAT'S YOUR WHY?
 

The Residential Tenancy Amendment Bill No.2 will shortly pass into law. This law formalises meth testing making it law to test if you want to seek damages from those responsible for causing contamination in your property as a landlord. As a tenant it provides protection when moving into your new home. 

In order to establish a claim that has evidence to support it, you need to test. But not everyone tests for the same reasons.

WHAT'S YOUR WHY?

For some, it is the the simple fact that their methamphetamine insurance policy requires them to test pre tenancy and then post tenancy to ensure that a timeline of contamination is established. 

Watch below to find out more.
What's your Why? - Do you need to test for your Insurance cover?

WHAT'S YOUR WHY?

For others, it is to ensure that the property they are moving into, either their new purchase or their new rental, is free from P contamination, and safe for their children and loved ones to live in. 

Watch below to find out more.
What's your Why? - Your children and those more susceptible to illness should not suffer contamination.

WHAT'S YOUR WHY?

For you, it may be a condition of your finance to ensure that your property is a good investment for the financier. That is, your property is free from any structural issues (Leaky homes, etc) and is free from toxic contamination.  If the home is later found to be leaky or contaminated, then it could cost thousands to fix. And if that results in you defaulting on your finance payments, that's not a good for your finance company, or for you.  

Watch below to find out more.
What's your Why? - Is a condition of your finance to get a meth test? 

WHAT'S YOUR WHY?

If you're a diligent person, ask yourself these questions:

As a tenant and homeowner; Is the health of your family important to me?
Do I know if the home I'm living in or about to live is safe?

As a Landlord; WIll I have insurance cover if I have not tested for contamination?
As a landlord, what care do I need to take for the safety of my tenants?
Am I breaking the law if I don't provide a house that is free from contamination?

As a purchaser; do I need to ensure that my new purchase is worth what the vendor says it is?
Do I know if it was a meth lab?
Do I know if the previous occupants used drugs in the house?
Even if I am a diligent person, was the person who lived in the house before me diligent? 

As a vendor; Is the person that I am be selling to going to be diligent?
Am I prespared to let my house sale fall through because I did'nt test?
Am I prepared to devalue my property to the sum of tens of thousands of dollars for the sake of a couple of hundred dollars to get meth tested?

For the sake of a few hundred dollars, get a meth test to ensure that you meet all your finance companies requirements, so that you meet your insurance companies policy and that your new home is safe and free from methamphetamine contamination that has the potential to cause health effects to those living in the home.

Salient points from the coming law are below:
  • It provides a lawful and legally enforceable way for a landlord to protect their assets from Methamphetamine Contamination and damage.
  • Landlords will have a power of entry to their property in order to conduct contamination testing.
  • Landlords will only be able to evict tenants if they have proof that contamination occurred during their tenancy.
  • To establish proof, a pre-tenancy and then a post tenancy Methamphetamine Screening test ensures that the obligations of the law are met, along with insurance obligations.
  • Landlords must also disclose to their tenants their insurance details.
  • If a Landlord choose to not have any insurance cover, they must disclose to their tenant that they do not have any methamphetamine contamination insurance. They then have no recourse at any tenancy tribunal hearing to claim insurance for damage.
  • Landlords are liable for a $4000 fine per offence and exemplary damages and back paid rent if providing an unlawful premises.

 

To ensure competence of testing and reporting that cannot be questioned in the future, use qualified companies whose methodology for testing and reports meet the law and are proven and accepted at the tribunal.

 

A list of Accredited companies can be found here:
Search Keyword: Methamphetamine

https://www.ianz.govt.nz/directory/

 

At this stage a list of NZQA Companies is not available, however, Meth Xpert NZ are both IANZ Accredited and NZQA Qualified Samplers.  It is anticipated that a list of NZQA Certified and IANZ Accredited companies will be available on the Methamphetamine Testing Industry Association (MTIANZ) website in the near future.
 

If you would like to book a training session with us about the coming changes please click here.

Click here to get your free tenancy tribunal ebook today!
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