Disability Access and Adjustments in Queensland

Living in a rental property in Queensland has its challenges, especially for renters with disabilities. Ensuring your home is accessible and comfortable is crucial for enjoying a high quality of life. But are you aware of your rights when it comes to disability access and adjustments? In Queensland, renters are entitled to reasonable adjustments to guarantee accessibility, thanks to federal and state legislation.

Your Rights under the Law

In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 provides the framework under which landlords and tenants operate. This act ensures that renters with disabilities can request reasonable modifications to improve accessibility.

Moreover, federally, under the Disability Discrimination Act 1992 (Cth), it is unlawful for landlords to discriminate against renters with disabilities. Landlords are required to make reasonable adjustments unless it causes undue hardship.

What Counts as a Reasonable Adjustment?

Reasonable adjustments can include:

• Installing ramps or handrails
• Modifying bathroom facilities
• Widening doorways

These modifications should allow a person with a disability to access and enjoy the rental property on the same basis as any other tenant.

It is important to note that renters usually bear the cost of these modifications unless there is an agreement with the landlord to share or cover the costs.

Making a Request for Modifications

When you need to request modifications, it is advisable to put your request in writing to your landlord, detailing the changes needed and why they are necessary. It's always helpful to explain how these adjustments will assist with managing your disability.

Dispute Resolution

If you face challenges or your landlord refuses your request, the Residential Tenancies Authority (RTA) can help resolve disputes. The RTA provides mediation services to help both parties come to an agreement.

In situations where an agreement can't be reached, you may take the matter to the Queensland Civil and Administrative Tribunal (QCAT) for a formal hearing.

How to Reach an Agreement on Adjustments

1. Communicate Effectively: Discuss your needs and proposed modifications with your landlord.
2. Provide Documentation: Supply medical documentation or other relevant information to support your request for adjustments.
3. Negotiate Costs: Offer to cover expenses or negotiate shared costs for modifications.
4. Consider Mediation: If negotiations stall, seek the assistance of mediation services from the RTA.

Need Help? Resources for Renters

If you need further assistance or dispute resolution, consider reaching out to:

• Queensland Residential Tenancies Authority (RTA)
• Queensland Disability Legal Service
• Queensland Civil and Administrative Tribunal (QCAT)

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1. Can a landlord refuse disability modifications? A landlord cannot unreasonably refuse modifications that are deemed necessary for accessibility and comfort for a tenant with a disability.
2. Who bears the cost of modifications? Typically, the tenant proposes and covers the cost, unless the landlord agrees to share or cover some expenses.
3. What should I do if my request is refused? If a landlord refuses your reasonable request, you may seek mediation or escalate the matter to QCAT for resolution.
4. Are verbal agreements enough when discussing modifications? It's always best to have agreements in written form to avoid misunderstandings and provide clear documentation during disputes.

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