Disability Access & Adjustments in the ACT: A Step-by-Step Guide

Renting a property in the Australian Capital Territory (ACT) and having a disability can present unique challenges and requires special considerations for accessibility and reasonable adjustments. Understanding your rights and responsibilities can help ensure that your housing arrangement is suitable to your needs.

Understanding Disability Rights in ACT Rentals

As a renter with a disability in the ACT, your rights and responsibilities are enshrined in the Residential Tenancies Act 1997, which outlines both landlord and tenant duties concerning property management and habitability. This act ensures that individuals with disabilities can request reasonable adjustments to their living space to accommodate their specific needs.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made to a rental property that enable a person with a disability to live independently and comfortably. This can include installing ramps, handrails, or other modifications that improve accessibility. Landlords are generally expected to allow such changes if they do not impose an unreasonable burden financially or physically on the property.

Requesting Disability Access Adjustments

To request reasonable adjustments, you should:

• Discuss your needs with your landlord or property manager including the adjustments you require.
• Obtain written consent for the alterations needed. This ensures there is a clear record of your agreement with your landlord.
• Consider who will cover the costs, as this will need to be negotiated between you and your landlord.

The steps for making the accommodations should be agreed upon in writing to avoid future disputes.

The Role of the ACT Civil and Administrative Tribunal

The ACT Civil and Administrative Tribunal (ACAT) is the entity responsible for handling disputes that may arise in residential tenancies, including disagreements over disability accommodations. If you and your landlord cannot agree, you may apply to ACAT to resolve the issue.

Relevant Legislation to Know

• Residential Tenancies Act 1997 (ACT)
• Fair Trading Act 1987 (Cth)

Always ensure any agreements and adjustments are documented in writing to protect your rights.

FAQ Section

1. What if my landlord refuses to make adjustments? You can apply to ACAT to resolve the disagreement over necessary disability adjustments.
2. Are there costs involved in requesting adjustments? Costs can vary and are typically subject to negotiation between you and the landlord.
3. What is considered a reasonable adjustment? Adjustments should meet your needs without causing undue financial or physical burden on the property or landlord.

How To Section

1. How to request a reasonable adjustment in your rental property: Start by discussing your needs with your landlord, then negotiate terms and document the agreement in writing.
2. How to apply to ACAT for assistance: Collect all necessary documentation, prepare your application form, and submit it to the tribunal.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1997.
• Request reasonable adjustments in writing and negotiate costs with your landlord.
• Contact ACAT if disputes arise that cannot be resolved directly.

Need Help? Resources for Renters

If you need further assistance regarding disability access and adjustments, contact the following:

• ACT Civil and Administrative Tribunal (ACAT) for dispute resolution
• ACT Human Rights Commission for disability rights advocacy
• Local community legal centres for legal advice and support

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¹ Residential Tenancies Act 1997

² Fair Trading Act 1987

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