Disability Access and Adjustments in ACT
Renters in the Australian Capital Territory (ACT) who live with disabilities have specific rights regarding property access and adjustments that make their living environment safer and more convenient. Understanding these rights can help you approach your landlord for necessary changes confidently.
What is Disability Access and Reasonable Adjustments?
Disability access refers to modifications or enhancements to a property that enable people with disabilities to live comfortably and safely. Reasonable adjustments are changes landlords are legally obliged to make to support tenants with disabilities, provided they are fair and do not impose an unreasonable burden.
Your Rights as a Renter in ACT
Under the Residential Tenancies Act 1997, tenants have the right to request modifications to the premises to accommodate their disability needs. This law mandates that landlords cannot unreasonably refuse such requests1. Renters should always present their requests in writing and may need to provide medical evidence to support their needs.
When and How to Request Adjustments
If you require modifications, such as ramps, railings, or customized bathroom facilities, follow these steps:
- Draft a written request with specific details of the adjustment.
- Include any supporting documents, such as a doctor's note outlining the necessity.
- Submit the request to your landlord and retain a copy for your records.
Relevant Forms and How to Use Them
If disagreements or misunderstandings arise with your landlord, you can apply to the ACT Civil and Administrative Tribunal (ACAT). To initiate this, use the Application for Resolution of a Tenancy Dispute Form. This form is essential when negotiations fail, and you need a formal resolution.
- Form Name: Application for Resolution of a Tenancy Dispute
- When to Use: In cases of unresolved disputes over rental adjustments
- Apply through the ACT Civil and Administrative Tribunal
Disputes and Resolutions
If your landlord denies your request for adjustments, you have the right to challenge this decision. It's advisable to seek mediation or legal advice before taking formal action. The Justice and Community Safety Directorate provides resources and guidance for tenants in these situations.
Need Help? Resources for Renters
- ACT Civil and Administrative Tribunal (ACAT)
- Residential Tenancies Act 1997
- Justice and Community Safety Directorate
- Where can I find detailed information about renters' rights? You can find details in the Residential Tenancies Act 1997, which outlines renters' rights and responsibilities.
- What if my landlord refuses my request for adjustments? If your landlord refuses your request for reasonable adjustments, you may apply to the ACT Civil and Administrative Tribunal (ACAT) for a resolution.
- Who pays for the disability adjustments? Generally, the responsibility for funding adjustments depends on the agreement between you and your landlord. Legal advice can clarify financial obligations.
- How to request a modification for disability access?
- Prepare a detailed written request with specific modifications you need.
- Provide relevant documentation from healthcare professionals.
- Submit your request to the landlord and retain all copies for reference.
- Understand your rights under the Residential Tenancies Act 1997 to request reasonable disability adjustments.
- Use official forms like the Application for Resolution of a Tenancy Dispute to mediate issues effectively.
- Access resources from local tribunals such as ACAT for assistance in disputes.
- Australian Capital Territory Government, Residential Tenancies Act 1997.
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