Queensland Tenants: Disability Access & Adjustments Guide

If you're a renter in Queensland and living with a disability, it's important to know your rights regarding access and adjustments in your rental property. Ensuring you have the necessary accommodations can make a significant difference to your quality of life and independence.

Understanding Your Rights

In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 outlines the general obligations landlords have concerning tenants with disabilities. These obligations are also supported by federal protections under the Fair Trading Act 1987 (Cth).

What Are Reasonable Adjustments?

Reasonable adjustments refer to changes made to a property to enable a person with a disability to live independently. These adjustments can vary widely, from installing ramps and handrails to allowing the use of assistance animals.

Renters should discuss their needs with landlords and aim for a collaborative approach to making these adjustments.

How to Request Adjustments

When requesting adjustments, clear communication is key. It's advisable to make requests in writing, specifying the needed changes and, if possible, providing evidence to support your request, such as a medical certificate.

Using the Notice to Remedy Breach (Form 11)

If your landlord is not responding or is unwilling to make reasonable adjustments, you may need to issue a Notice to Remedy Breach (Form 11). This form is used to request that the landlord remedies a breach of the agreement. You can find and submit the form through Queensland Government website.

Regulatory Bodies

The Queensland Civil and Administrative Tribunal (QCAT) is the body responsible for resolving disputes related to residential tenancies. If discussions with your landlord fail, QCAT can provide mediation and, if necessary, adjudication.

More about QCAT

Applying to QCAT involves completing necessary forms and may require mediation sessions. Tenants can represent themselves but are also encouraged to seek legal advice.

1. Can a landlord refuse to make adjustments?Yes, if the adjustments are not deemed "reasonable" under the law, a landlord can refuse. However, they must provide a valid reason for the refusal.
2. What evidence is needed to request adjustments?It's beneficial to provide documentation such as a letter from a health professional detailing the necessity for specific adjustments.
3. How long does a landlord have to respond to an adjustment request?A landlord should respond "as soon as practicable." However, the tenant should follow up if there is no response within a reasonable time frame.

1. How to request a reasonable adjustment in Queensland
   1. Step 1: Identify your needs - Determine the exact adjustments required.
   2. Step 2: Contact your landlord - Start with informal discussions regarding your needs.
   3. Step 3: Submit a formal request - Provide a written request with supporting documents.
   4. Step 4: Follow up - If no response, follow up with your landlord.
2. How to deal with refusal of reasonable adjustments
   1. Step 1: Seek clarification - Ask the landlord for the reason for refusal.
   2. Step 2: Negotiate - Try to negotiate or suggest a compromise.
   3. Step 3: Consider mediation - Use resources like QCAT for mediation.

Key Takeaways

• Understand your rights under the Residential Tenancies and Rooming Accommodation Act 2008.
• Request adjustments with proper documentation and follow up as necessary.
• Seek support through QCAT if needed.

Need Help? Resources for Renters

For more information or to seek advice, consider reaching out to the following:

• Queensland State Tenants’ Council
• Tenants Queensland
• Queensland Civil and Administrative Tribunal (QCAT)

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1. Residential Tenancies and Rooming Accommodation Act 2008

2. Fair Trading Act 1987 (Cth)

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