Access and Adjustments for Renters in NSW

In New South Wales, renters with disabilities are entitled to reasonable adjustments to ensure their living space is accessible and manageable. This guide explores how you can secure these modifications under NSW rental law.

Understanding Disability Access Rights

Under the Residential Tenancies Act 2010, renters have the right to request reasonable adjustments to accommodate their disabilities. This may include installing ramps, additional handrails, or wider doorways. It's crucial to communicate changes needed with your landlord, who must consider reasonable requests.

The Fair Trading Act 1987 (Cth) also supports these rights by prohibiting discrimination against individuals with disabilities in rental housing settings (legislation.gov.au).

Requesting Modifications

When requesting adjustments, put your request in writing and be specific about what modifications are necessary. Both you and your landlord should agree on the costs and who will cover them. If disputes arise, these can be resolved through mediation or seeking determination from appropriate authorities.

Forms for Requesting Adjustments

• Application for Alteration (NSW): Use this form when requesting physical changes. Detail the nature and necessity of changes and submit to your landlord. For detailed guidelines, visit the NSW Fair Trading website.

Dealing with Disputes

If your request for adjustments is denied or if there's a dispute about the cost, you have options. The NSW Civil and Administrative Tribunal (NCAT) can provide resolution avenues where you can present your case. Before taking legal action, consider discussing the issue further with your landlord or seeking mediation services.

Summary of NSW Tenants' Legal Framework

• Legislation: Residential Tenancies Act 2010
• Tribunal: Disputes may be resolved through the NSW Civil and Administrative Tribunal (NCAT)
• Federal Law Support: Fair Trading Act 1987 (Cth) protects against discrimination.

1. What if my landlord refuses my request for reasonable adjustments?Seek resolution through discussion or mediation. If unresolved, apply to NCAT for dispute resolution.
2. Can I make changes without landlord permission?No. Written consent is needed for alterations, even if they're reasonable adjustments.
3. What costs are involved in making adjustments?Costs can be negotiated. Generally, tenants cover the costs unless agreed otherwise with the landlord.

Need Help? Resources for Renters

If you need assistance or advice on rental issues, consider reaching out to the following resources:

• NSW Fair Trading - Offers guidance on tenant rights and dispute resolution.
• NCAT - Resolve disputes relating to tenancy in NSW.
• Local Community Legal Centres - Provide free legal advice to tenants.

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1. Recognize your rights: Ensure you know your rights under the Residential Tenancies Act 2010 and the Fair Trading Act 1987 (Cth).
2. Communicate clearly: Make requests in writing and maintain all correspondence copies.
3. Seek assistance: Use resources like NSW Fair Trading and NCAT for dispute resolution support.

Footnotes:

1. Residential Tenancies Act 2010
2. Fair Trading Act 1987 (Cth)
3. NSW Civil and Administrative Tribunal (NCAT)

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