Disability Access & Adjustments in ACT Rentals

Navigating the rental market can be challenging, especially when you require disability access and reasonable adjustments. In the Australian Capital Territory (ACT), understanding your rights and protections can ensure you receive fair treatment and the adjustments you need to live comfortably.

Your Rights to Disability Access

As a renter in the ACT, you are entitled to modifications or adjustments that support your disability needs. These rights are protected under the Residential Tenancies Act 1997, which details the obligations of landlords regarding necessary modifications.

Requesting Adjustments

When requiring modifications, it's crucial to communicate clearly and effectively with your landlord. You should provide medical documentation that supports your need for specific adjustments.

• Step 1: Submit a written request detailing the required modification.
• Step 2: Include supporting evidence, such as a doctor's note.
• Step 3: Negotiate terms, including who bears the cost and how the property will be restored at the lease's end.

Landlord's Responsibilities

Under the ACT guidelines, landlords must allow reasonable changes that support accessibility for tenants with disabilities. While landlords can require the property to be restored to its original condition post-tenancy, any refusal must be justified based on safety, cost, or other significant reasons.

Dispute Resolution

If a dispute arises regarding your request for modifications, you can seek assistance from the ACT Civil and Administrative Tribunal (ACAT), which handles tenancy disputes and can provide resolutions through mediation or legal rulings.

Tip: Keep all communication documented and maintain records of any agreements or refusals from your landlord.

Relevant Forms and Legislation

To formalize requests or address disputes, certain forms may be necessary:

• Application for Amendment of Tenancy Terms: Use this form to request changes based on your disability needs. Find it on the ACT Legislation Register.

Legislative support is also available through the Disability Discrimination Act 1992 (Cth), ensuring that your rights to reasonable adjustments are federally recognized.

Conclusion

• Understand your rights under the ACT Residential Tenancies Act.
• Communicate clearly and document all requests.
• Utilize available resources, like ACAT, for dispute resolution.

Need Help? Resources for Renters

For further assistance, consider reaching out to:

• Tenancy Advice Service ACT for free advice and support.
• Advocacy for Inclusion for disability-related advocacy.

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1. What is considered a reasonable adjustment? Adjustments are considered reasonable if they help remove barriers for people with disabilities without causing undue hardship or excessive cost to the landlord.
2. Who pays for property modifications? Typically, the tenant is responsible for the cost unless alternative agreements are made with the landlord. It's essential to negotiate these terms upfront.
3. Can a landlord refuse my request for adjustments? A landlord may refuse if the modifications cause major disruption, decrease property value, or pose significant safety risks. Otherwise, they must provide a valid reason for refusal.
4. How do I file a dispute if my modification request is denied? You can file a dispute with the ACT Civil and Administrative Tribunal (ACAT) for mediation or resolution.
5. Are there penalties for landlords who refuse reasonable adjustments? If a landlord unlawfully refuses reasonable adjustments, they may face legal consequences under discrimination laws.

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