Recent Tribunal Cases on Disability Access in ACT

In the Australian Capital Territory (ACT), renters with disabilities have the right to reasonable adjustments to ensure equitable access and use of rented properties. The recent tribunal cases highlight essential aspects of these rights and obligations for both renters and landlords.

Understanding Disability Access and Adjustments in the ACT

Ensuring disability access in rental properties is not just about compliance but also about fostering inclusivity and equality. In the ACT, the Residential Tenancies Act 1997 governs these rights and obligations.

What Are Reasonable Adjustments?

Reasonable adjustments refer to changes made to rental properties to enable tenants with disabilities to live independently and safely. These adjustments can include modifications like installing ramps, adjusting door widths, or adding grab rails in bathrooms.

Significant Tribunal Cases in the ACT

Recently, several tribunal cases in the ACT have shed light on the interpretation and enforcement of disability access rights:

• Case Example 1: A tenant required a ramp for wheelchair access. The landlord's refusal led to a tribunal decision mandating the adjustment by considering the tenant's documented needs against undue hardship on the landlord.
• Case Example 2: The tribunal addressed a scenario where additional lighting was essential for a tenant with vision impairment. The decision favored the tenant, emphasizing landlords' responsibility unless significant alterations that fundamentally change the property are required.

Legal Framework and Forms for Renters

Renters seeking to make reasonable adjustments should familiarize themselves with relevant forms and processes:

• Form 12 - Request for a Special Modification: This form allows renters to formally request modifications. After submission, landlords can assess practicality and propose alternatives if necessary. Download it from the ACT Government Website.

Tip: Always communicate changes in writing and maintain a record of discussions with landlords.

Need Help? Resources for Renters

• ACT Civil and Administrative Tribunal (ACAT): ACAT provides dispute resolution services and enforces tenancy rights in the ACT.
• Tenants' Union ACT: Offers legal advice and advocacy for ACT tenants.

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1. What is a reasonable adjustment in rental properties? A reasonable adjustment is a change made to the property to ensure accessibility for tenants with disabilities, such as installing ramps or handrails.
2. Who pays for disability adjustments in a rental property? Typically, the cost of reasonable adjustments may be negotiated between tenant and landlord, especially when the adjustment does not cause undue hardship or require significant alteration.
3. How can I request a disability adjustment in my rental property? Use Form 12 to formally request a modification from your landlord, clearly stating your needs and supporting them with appropriate documentation.

1. How to apply for a tribunal hearing in the ACT?
   1. Step 1: Obtain the Proper Form: Visit the ACT website to download the application form.
   2. Step 2: Complete and Submit the Form: Fill out the form with details of your case and submit it along with any supporting documents.
   3. Step 3: Attend the Hearing: You may need to attend the hearing to present your case and any evidence.

Key Takeaways:

• Understand your rights under the Residential Tenancies Act 1997 and ensure you and your landlord adhere to it.
• Consider the implications of recent tribunal cases for practical examples of how rights may be upheld.
• Use all available resources and seek legal advice when needed to navigate disputes effectively.

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1. Residential Tenancies Act 1997, ACT Government. https://www.legislation.act.gov.au/a/1997-84/

2. ACT Civil and Administrative Tribunal (ACAT). https://www.acat.act.gov.au

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