Pest Management in Your Rental Property
On 27 September 2021, the Medicines and Poisons Act 2019 (MAPA) replaced the Pest Management Act 2001 in Queensland. Landlords and Property Managers should be aware of this legislation when addressing pest management with their tenants.
Pest management can include killing, repelling or stupefying a pest, treating soil where pests may live, carrying out a fumigation activity, inhibiting feeding of a pest or modifying the physiology of a pest to alter its natural development or reproductive capacity.
Who can carry out pest management?
Under the MAPA, it is an offence to carry out pest management activities if unauthorised or without a reasonable excuse, unless exempt under section 44(2). The tenant can carry out household pest management where poisons or treatments can be purchased at a supermarket.
Alternatively, a person carrying out pest management activities must have a pest management licence. It is also an offence to offer to carry out a pest management activity for a pest management business unless the person has a licence or employs a person with a licence to carry out the pest management.
The Landlord/Property Manager must not offer to carry out a pest management activity unless they are licensed or employ someone who is licensed to carry out the work.
Tenant obligations
Under the General Tenancy Agreement, the tenant is obligated to keep the premises free from pests and vermin. Usually, a tenant will arrange their own pest management.
Queensland Health may penalise Landlords up to $27,750 per offence if the MAPA is not complied with.
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