Disability Access Risks for NSW Renters

Renters in New South Wales face unique challenges when it comes to ensuring that their homes are accessible for individuals with disabilities. Whether you are seeking reasonable adjustments or addressing barriers, understanding the possible risks and how the law supports your rights is crucial.

Understanding Reasonable Adjustments in NSW

Reasonable adjustments can include anything from installing ramps to modifying doorways to accommodate wheelchairs. As a tenant, if you require modifications, you are protected under the Residential Tenancies Act 2010, which supports your right to request reasonable adjustments from your landlord.

What are the Potential Risks?

While the law is on your side, several risks can arise when dealing with disability access:

• Landlord Refusal: Some landlords may be hesitant or refuse to make the requested adjustments.
• Financial Burden: Depending on the agreement, you might be responsible for the cost of the modifications, which can be significant.
• Legal Disputes: Disagreements over what constitutes a 'reasonable' adjustment can lead to legal challenges.

If faced with any of these issues, renters can turn to the NSW Fair Trading for guidance.

Steps to Address Disability Access Issues

1. Requesting Modifications

The Form A-01: Application for Minor Modifications, found at the NSW Fair Trading website, is your starting point. Provide detailed information about the changes and why they are necessary.

Be sure to maintain a written record of all communications with your landlord regarding your requests for modifications.

2. Resolving Disputes

If your request is denied, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a resolution. NCAT provides a platform to mediate disputes between tenants and landlords regarding alleged breaches of the tenancy agreement.

3. Understanding Your Rights

Under the Fair Trading Act 1987 (Cth) and the Residential Tenancies Act 2010, tenants have the right to equal housing opportunities and can seek assistance if these rights are infringed.

1. What are reasonable adjustments?

   Reasonable adjustments are modifications made to a property to make it accessible for someone with a disability, like installing a ramp or modifying a bathroom.

2. Can a landlord charge for disability modifications?

   A landlord may require that tenants pay for the modifications. However, they cannot unreasonably refuse the request.

3. What should I do if my landlord refuses my request?

   If your landlord refuses a reasonable request, you should consider seeking mediation or applying to the NCAT for assistance.

Need Help? Resources for Renters

• NSW Fair Trading: Offers guidance and resources for tenants.
• NSW Civil and Administrative Tribunal: Resolves disputes between landlords and tenants.
• Legal Aid NSW: Provides legal assistance and representation.

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1. Understanding your rights under the law is crucial. The Residential Tenancies Act 2010 and Fair Trading Act 1987 protect tenant rights to reasonable disability adjustments.
2. Keep records and communicate clearly. Always document your requests and communications regarding accessibility issues.
3. Use the available resources. NSW Fair Trading and NCAT are valuable resources for support and dispute resolution.

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