Tenancy Services states that landlords must provide a clean property, and that both landlords and tenants should check for any signs of 'P' before a property is rented.
If the landlord does not check and rents out a contaminated property, they breach their obligations under the Residential Tenancies Act 1986, the Building Act and the Health Act.
According to a recent blog by Quinovic
, the Tenancy Tribunal is beginning to expect landlords to have completed a meth test prior to signing up any new tenancy.
This is on the grounds that it is part of the owner's responsibility to provide the property in a reasonably clean and reasonably tidy state.
This is an important interpretation because if a meth test is not completed prior to the start of a tenancy then any subsequent positive test cannot be blamed on that tenant.
And without proof of a clean test the Tribunal may order the landlord to repay the tenant all the rent, plus the bond, accrued during that tenancy.