Landlords, Tenants, and Contaminated Properties: Responsibilities and Solutions

Securing the safety and hygiene of rental properties is a collaborative effort involving landlords, tenants, and property experts. Nonetheless, it's crucial to emphasize that the rules and regulations pertaining to contaminated properties exhibit variations across different states. It's worth noting that the insights provided in this article are extracted from the Government of Western Australia Department of Health's official resources. Keep in mind that these regulations might diverge in alternate jurisdictions. Within this article, we delve into the intricacies of your legal obligations and illuminate how Decon Solutions Australia stands ready to support you in fulfilling these shared responsibilities.

Legal Responsibilities of Landlords, Property Managers, and Agents

Under the Health (Miscellaneous Provisions) Act 1911 and Consumer Protection legislation, the owner of a property is primarily responsible for its cleaning and remediation in case of contamination. Failure to do so may result in legal action if a tenant or buyer becomes ill due to undisclosed contamination.

Landlords' Responsibilities

Private landlords must maintain their properties in a reasonable state of cleanliness and compliance with safety laws. If contamination is suspected or known, landlords are obliged to remediate the property before leasing it. To protect both parties, landlords may consider adopting a precautionary cleaning regime for all new tenancies. Prospective tenants have the right to request proof of remediation or the absence of contamination. Landlord insurance may not cover illicit drug testing or remediation, so landlords should review their policies carefully.

Property Managers and Real Estate Agents

Consumer Protection considers the non-disclosure of known health hazards, including chemical residue from clan labs or smoke houses, a breach of the Code of Conduct for Real Estate and Business Agents. Real estate agents are obligated to ascertain material facts about listed properties. Previous use as a clan lab or smoke house is likely a material fact that should be disclosed. While you can't disclose what you don't know, due diligence in ascertaining material facts is crucial. Owners must demonstrate remediation or its absence.

Tenants: What Can You Do?

Tenants have a role to play in ensuring their safety as well. If you're concerned that a property has been contaminated by illicit drug activity, contact your landlord or property manager. If you live in a premises that was known to be contaminated prior to your tenancy, you should only be concerned if there was no documented clean up provided to you.

How Decon Solutions Australia Can Help

Decon Solutions Australia is an accredited cleaning company specializing in decontamination services. You can Speak to one of our decontamination specialists at 1300 707 028 and we can assist landlords, property managers, agents, and tenants in fulfilling their obligations. We or offering these services to fulfil the department of health requirements.

1. Remediation Services: We offer comprehensive remediation services, ensuring your property is safe for occupancy. Our skilled team is well-versed in handling contaminated properties.
2. Compliance Assurance: Our remediation reports and compliance statements demonstrate that the property has been effectively cleaned, meeting legal requirements.
3. Professional Expertise: Decon Solutions Australia follows government guidelines for low-level contamination cleaning, ensuring the highest standards of safety and cleanliness.

To sum up, it's evident that landlords, property managers, real estate agents, and tenants collectively bear significant responsibilities in upholding the safety of rental properties. Yet, it's imperative to acknowledge that these responsibilities can diverge based on the specific regulations of each state. Decon Solutions Australia emerges as your dedicated partner, committed to aiding you in achieving full compliance and safeguarding the health and safety of all property occupants. For further information and assistance, don't hesitate to reach out to us. You can contact Decon Solutions Australia by dialling 1300 707 028 or by visiting our website at https://www.deconsolutionsaustralia.com.au/contact-us/. We're here to help you create a secure and contamination-free living environment.