Info Pack – Renting and Lead, Queensland

By Elizabeth O'Brien, BSc, Grad Dip in Educational Studies (Health Educ’n), Manager, Global Lead Advice & Support Service (GLASS) run by The LEAD Group Inc. Australia

Once you have confirmed that the peeling house paint is leaded, Queensland tenancy regulations include a category of repairs that probably fits your situation: “urgent repairs that affect tenant health and safety”, and you can either put your request for such repairs (eg lead-safe preparation of peeling paint, and overpainting with new paint) in writing (ie send a request by email) but it is advisable to fill in the Notice to Remedy Breach form, at www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Notice-to-remedy
-breach-Form-11.aspx, save it, and then email the form to your agent or landlord.

In Queensland, you can ask the Environmental Health Division, Queensland Health Department to do free testing of house paint for lead, at their lab. Phone 33289310 or email ehb@health.qld.gov.au or check out the fact sheet at www.health.qld.gov.au/ph/Documents/ehu/5794.pdf but be sure to tell them that it is urgent and ask how soon you can expect the results. If there is a long delay in getting the paint test results, you would likely want to consider one of the following options.

There are only three lead assessors we know of in Queensland:

if you wish to contact them or you can pass their details on if you wish to request that your real estate agent organise a home lead assessment (sampling for laboratory analysis, report-writing) after the peeling paint cleanup.

Alternatively, your real estate agent could arrange to bring Martin Bagnall of Sampling Technologies and his X-Ray Fluorescence machine from Melbourne for on-the-spot lead assessment by XRF and a print-out of the results. See www.sampletech.com.au

Mentioning the expensive home lead assessment by a lead assessor is often a good preparatory move to then suggesting the use of a DIY-sampling lead assessment kit which is half to quarter the cost of a lead assessor. See www.lead.org.au/fs/DIY_sampling_lead_analysis_kits_flyer_20111214.pdf - the samples can be sent in two batches if preferred so that you have both pre- and post-repainting dust wipe and soil results to check on whether the painting contractor has done a lead-safe job and finally whether the home and yard is lead-safe for a child or pet.

Mentioning the DIY-sampling kit ($250 for LEAD Group members or $275 for non-members) is a good preparatory move to then discussing the option that, at the very least, they reimburse you for the cost of testing the flaking paint and paint dust with the spot test kit (eg Lead Check). Note that if the colour on the tip of the tester turned pink when you used it on paint dust, then the dust must contain at least 0.5% lead, which is equivalent to 5000 parts per million (ppm) lead - a very high figure indeed!

When dealing with your agent or landlord, put everything in writing! That's the key.

In addition to the factsheet "Lead paint & ceiling dust management - how to do it lead-safely [Info Pack 3]" at www.lead.org.au/fs/fst38.html, please find our info pack for tenants below and follow the links.

Please find in a recent newsletter at www.lead.org.au/lanv9n4/LEAD_Action_News_vol_9_no_4.pdf, a letter to a real estate agent, written by a NSW tenant who had to move his family out of a lead-contaminated home but who was later compensated for various costs and refunded his rent.

I hope this helps but please re-contact if you have any further questions.

INFO PACK ITEMS

Renting in Queensland - Tenants' Union of Queensland Inchttp://tuq.org.au/wp/wp-content/uploads/2010/03/Renting-in-Queensland_Feb-2010.pdf

Repairs and Maintenance - Tenants' Union of Queensland Inchttp://tuq.org.au/wp/wp-content/uploads/2009/12/Repairs-and-Maintenance-Nov-09-SD
_NEW.pdf

You Want To Leave - Tenants' Union of Queensland Inc http://tuq.org.au/wp/wp-content/uploads/2009/12/You-Want-to-Leave-Nov-09-SD_NEW.pdf

Resolving Tenancy Disputes - Tenants' Union of Queensland Inc http://tuq.org.au/wp/wp-content/uploads/2009/12/Resolving-Tenancy-Disputes-SD_NEW.pdf

Information for tenants affected by floods and cyclones in Queensland - Tenants' Union of Queensland Inc http://tuq.org.au/wp/wp-content/uploads/2012/01/Info-for-tenants-affected-by-floods-cyclones
-w-taas-contacts1.pdf

Notice to remedy breach Form 11 - Residential Tenancies Authority (RTA) Queensland www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Notice-to-
remedy-breach-Form-11.aspx; PDF File at www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/~/media/Forms/
General%20tenancy%20forms/RTA-notice-to-remedy-breach-form11.ashx

AS 4361.2 Lead - Guide To Lead Paint Management - Preventing Lead Poisoning In Australia Specifier Vol 7 Issue 2 www.lead.org.au/clp/AS4361.2.html

Lead Alert - The Six Step Guide To Painting Your Home - Fifth Edition Environment Australia https://www.agriculture.gov.au/sites/default/files/documents/lead-paint-fifth-edition.pdf

Lead Safe Fact Sheet - Lead in Ceiling Dust LRC Publication Code LDE www.lead.org.au/fs/fst37.html

Lead Safe Fact Sheet - Lead, Your Health and the Environment LRC Publication Code LSE.

Parents Of Lead-Poisoned Children & Tenants [Case Studies from LEADLINE (previous name for Global Lead Advice and Support Service)] LANv3n4 Spring 1995 www.lead.org.au/lanv3n4/lanv3n4-7.html ; www.lead.org.au/lanv3n4/lanv3n4-8.html

Residential Tribunal Lead Paint Case: Fitness for Habitation - Reasons For Decision [EXTRACTS published in LEAD Action News vol 7 no 3, 1999] The LEAD Group www.lead.org.au/Lanv7n3/L73-17.html

Do-It-Yourself Lead Safe Test Kits The LEAD Group www.lead.org.au/clp/products/Lead_test_kit_ad_20111214.pdf

Developer Contaminates Neighbour's Property Lead Aware Times Vol 1 No 1 ISSN 1440-4966 www.lead.org.au/lat/lat005.html

Exempt, Complying and Integrated Developments" in "LEAD SAFETY TOOL KIT FOR [NEW SOUTH WALES] COUNCILS: A Tool Kit for making your community safe from lead" The LEAD Group Inc page 41 of 64 [pdf p 47 of 70] at www.lead.org.au/clp/toolkit.pdf

GUIDANCE NOTE FOR CEILING DUSTS CONTAINING LEAD WorkCover Authority NSW www.workcover.nsw.gov.au/formspublications/publications/Documents/ceiling_dust
_containing_lead_guidance_note_4955.pdf

Insulation - installing ceiling insulation and your health and safety - Workplace Health and Safety Queensland www.deir.qld.gov.au/workplace/resources/pdfs/alert-insulation_installing.pdf