Disability Access Risks for Renters in SA

Renters in South Australia face unique challenges when it comes to ensuring their homes are accessible for those with disabilities. Understanding the risks associated with disability access and adjustments can empower you to protect your rights and seek necessary arrangements.

Understanding Your Rights as a Renter

In South Australia, renters are protected under the Residential Tenancies Act 1995. While landlords must provide habitable properties, issues arise with the specific needs of renters requiring disability access or modifications.

Common Risks Encountered

• Non-compliant properties: Some properties may not meet access standards for those with disabilities.
• Denied adjustments: Requests for reasonable adjustments may be unfairly declined by landlords.
• Increased liability: Without proper arrangements, the safety and wellbeing of disabled renters may be compromised, potentially leading to liability issues for property damage or personal injury.

Mitigating these risks requires a proactive approach by understanding your rights and the legal mechanisms available to you.

Requesting Reasonable Adjustments

Under the Fair Trading Act 1987 (Cth), renters with disabilities have the right to request reasonable accommodations. This includes modifications such as ramps or handrails essential for everyday activities.

How to Request Adjustments

1. Communicate clearly with your landlord or property manager about the needed adjustments.
2. Provide medical or other relevant documentation supporting your request.
3. If refused, consider lodging a complaint with a tenancy authority or seeking mediation through the South Australian Civil and Administrative Tribunal (SACAT).

Tip: Always keep a written record of communications and agreements with your landlord regarding changes requested or agreed upon.

When Modifications are Refused

In cases where requests are denied, renters can challenge this decision through SACAT, which handles residential tenancy disputes. It is vital to understand the tribunal process and your rights to ensure fair treatment.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to:

• Disability Advocacy and Complaints Services
• South Australia's Homelessness Services
• SACAT: South Australian Civil and Administrative Tribunal

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1. What are reasonable adjustments in rental properties?Reasonable adjustments are modifications or changes to a rental property that enable individuals with disabilities to live as comfortably and independently as possible.
2. Can I make changes to my rental property without permission?Generally, you must seek permission from your landlord before making any significant modifications, including those needed for disability access.
3. What should I do if my landlord refuses my request for modifications?If your request is refused, you can take the matter to SACAT for resolution and ensure your rights are upheld.

1. How do I apply for permission to modify my rental for disability access?
   1. Communicate your needs and intended modifications to your landlord.
   2. Provide supporting documentation, such as a doctor's note.
   3. Submit a formal application if required, detailing the proposed changes.
2. How do I challenge a refusal of modification at SACAT?
   1. Gather all relevant documentation and evidence of your request and communication with the landlord.
   2. Submit an application through SACAT's online portal.
   3. Attend the tribunal hearing to present your case.

Key Takeaways

• Understand that you have statutory rights under the Residential Tenancies Act 1995 to request reasonable adjustments.
• If refused, you can seek resolution through SACAT.
• Document all communications and agreements related to disability access and modifications.

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