Top Disability Access and Adjustment Concerns in NSW

In New South Wales, renters with disabilities may face unique challenges when it comes to accessing their homes and seeking necessary adjustments. Understanding your rights and the legal framework surrounding disability access can empower you to make informed decisions about your living situation.

Understanding Disability Access and Adjustments

In NSW, disability access refers to the ability of individuals with disabilities to enter, use, and enjoy their homes without barriers. Landlords are required to ensure reasonable adjustments are made to accommodate tenants with disabilities. These adjustments might include installing ramps, handrails, or modifying doorways.

Legal Protections and Responsibilities

The Residential Tenancies Act 2010 (NSW) outlines the rights and responsibilities of both tenants and landlords. Specifically, it mandates landlords to consider reasonable requests for adjustments to make the property accessible to tenants with disabilities.¹

The Role of Fair Trading NSW

NSW Fair Trading oversees tenancy matters and can provide guidance on the rights and responsibilities concerning disability access. If a dispute arises, the NSW Civil and Administrative Tribunal (NCAT) can adjudicate tenancy disputes.

Practical Steps for Requesting Adjustments

1. Document Your Needs: Clearly outline the specific changes required for your accessibility needs.
2. Submit a Formal Request: Provide a written request to your landlord detailing the proposed adjustments and the reasons behind them.
3. Include Supporting Documents: Attach relevant medical documents or recommendations from healthcare professionals to strengthen your case.
4. Follow Up: Communicate regularly with your landlord to understand the status of your request and provide any additional information needed.

Common Forms and Processes

In situations where formal applications are needed, such as appealing to the NSW Civil and Administrative Tribunal, be sure to use the correct forms. The NCAT Application Form is crucial for lodging any disputes related to rental adjustments.²

Need Help? Resources for Renters

• Fair Trading NSW - Offers guidance on tenancy issues.
• NSW Civil and Administrative Tribunal (NCAT) - Handles disputes between landlords and tenants.
• Tenants' Union of NSW - Provides resources and support for renters.

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1. What is considered a reasonable adjustment? A reasonable adjustment refers to necessary and appropriate modifications or changes to a rental property to make it accessible for a tenant with a disability, such as installing ramps or widening doorways.
2. How can I dispute a landlord's refusal to make adjustments? If your landlord refuses your request for reasonable modifications, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review and resolution of the dispute.
3. Are there any costs involved in making a property accessible? While landlords are generally responsible for implementing reasonable adjustments, tenants may be asked to contribute toward costs if the changes significantly enhance the property's value or are beyond normal expectations.

1. How to request disability access adjustments in NSW
   1. Step 1: Identify needed adjustments List specific modifications required for accessibility based on individual needs.
   2. Step 2: Make a formal request Write to your landlord detailing the adjustments and provide any support letters from medical professionals.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 2010 (NSW) for disability access.
• Submit clear, documented requests for reasonable adjustments to your landlord.
• Seek support from local advocacy groups or NSW Fair Trading if issues arise.

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