Is Your Landlord Violating Disability Access Laws?

Living with a disability can present unique challenges, and it's important for renters in the Australian Capital Territory (ACT) to understand their rights, especially when it comes to ensuring accessibility in rental properties. Landlords are required by law to make reasonable adjustments to accommodate tenants with disabilities. But what are your options if your landlord isn't fulfilling their obligations?

Understanding Your Rights in the ACT

In the ACT, the Residential Tenancies Act 1997 sets out the rights and responsibilities of both landlords and tenants, including provisions for disability access and adjustments. According to this legislation, landlords must offer reasonable adjustments and modifications to accommodate tenants with disabilities, provided these changes don't impose an undue hardship on them.

What Constitutes a 'Reasonable Adjustment'?

A reasonable adjustment is a necessary and appropriate modification that enables persons with disabilities to enjoy their home on an equal footing with others. Examples could include:

• Installing ramps or handrails
• Modifying doorways to be wheelchair-accessible
• Adjusting light switches or bathroom facilities

These modifications should not significantly alter the primary structure of the home unless deemed essential for safety and accessibility.

Identifying Violations

If you suspect your landlord is not complying with the law, take the following steps:

• Document Everything: Keep a record of communications with your landlord regarding requests for adjustments.
• Know the Law: Familiarize yourself with the ACT provisions concerning disability modifications.
• Seek Help: Contact relevant bodies if necessary.

Tip: Open communication with your landlord about your needs can often lead to amicable solutions.

Taking Action

If you're facing resistance, you can consider these action steps:

1. Formal Request

Submit a written request to your landlord specifying the necessary adjustments and citing the Fair Trading Act 1987 (Cth) for any federal backing.

2. Apply for Assistance

Use relevant forms, like the ACAT Application for Resolution of Tenancy Dispute, when escalating to the ACT Civil and Administrative Tribunal (ACAT).

If modifications are not mutually agreed upon, you may propose alternative accommodations that achieve the same accessibility without structural changes.

Next Steps

1. Gather supporting documents and photos of the adjustments needed.
2. Consult community legal centres for advice.
3. If required, apply to the ACAT for mediation or adjudication.

FAQ

1. How do I know if my adjustment request is reasonable?

   A request is reasonable if it doesn't significantly alter the structure, is necessary for your accessibility, and doesn't impose undue hardship on the landlord.

2. What can I do if my landlord denies my request?

   You can seek mediation through the ACT Tenants' Union or apply to the ACT Civil and Administrative Tribunal for dispute resolution.

3. Can my landlord raise the rent after modifications?

   Rent increases can only occur according to the lease terms and must be justified. Ensure no discrimination occurs post-modification.

4. Where can I find help with my tenancy issue?

   Contact the ACT Tenants' Union for support or legal advice tailored to renters.

5. What is the role of the ACAT?

   The ACAT handles disputes between tenants and landlords, including those related to disability access and reasonable adjustments.

How To

1. How to file a complaint with ACAT
   1. Step 1: Prepare your documents

      Gather relevant correspondence and evidence showing the need and denial of adjustments.

   2. Step 2: Complete the application

      Fill out the ACAT Application for Resolution of Tenancy Dispute form available on their website.

   3. Step 3: Submit your application

      Send your completed form and documents to ACAT for processing.

2. How to negotiate with your landlord
   1. Step 1: Schedule a meeting

      Set up a time to discuss your needs in person or over the phone.

   2. Step 2: Propose solutions

      Offer alternative adjustments that may be mutually beneficial.

Need Help? Resources for Renters

For more information and support, reach out to:

• Tenants' Union ACT - Offers advice and support for renters' rights.
• ACT Civil and Administrative Tribunal - Handles tenancy disputes including those related to disability access.
• ACT Legislation Register - Access all current ACT legislation.

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1. Residential Tenancies Act 1997

2. Fair Trading Act 1987 (Cth)

3. ACT Civil and Administrative Tribunal (ACAT)

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