Landlord Violating Disability Access Laws in SA?

Renters in South Australia, particularly those with disabilities, must be aware of their rights regarding access and reasonable adjustments. Understanding the relevant laws can help ensure that your landlord provides the necessary modifications and accommodations to make your rental property accessible.

Understanding Disability Access and the Law

In South Australia, landlords are required to comply with the Residential Tenancies Act 1995, which mandates certain responsibilities related to the health and safety of tenants. This includes making reasonable adjustments for tenants with disabilities.

What Are Reasonable Adjustments?

Reasonable adjustments refer to changes or modifications made to a rental property to accommodate a tenant's disability. These adjustments aim to provide equal access and usability of the premises. Examples include installing ramps, widening doorways, or providing visual fire alarms for hearing-impaired tenants.

Is Your Landlord Complying?

To determine if your landlord is violating disability access laws:

• Check if they refuse to make reasonable adjustments after being informed of your needs.
• Determine if any modifications that have been made are insufficient or inappropriate for your disability.

If you suspect a violation, it might be time to take action.

Action Steps for Renters

1. Request Adjustments in Writing: Start by formally requesting the necessary adjustments from your landlord, clearly outlining your needs.
2. Use Form 3 - Notice to Remedy Breach: If your landlord refuses or delays, consider using Form 3. Submit this form to inform them of the breach and your expectations of compliance.
3. Apply to the South Australian Civil and Administrative Tribunal (SACAT): If the issue remains unresolved, you may apply to SACAT for resolution. They handle disputes under the Residential Tenancies Act.

FAQ Section

1. What constitutes a "reasonable" adjustment?

   A reasonable adjustment is one that effectivey meets the tenant's needs without imposing an undue hardship or expense on the landlord.

2. Can a landlord increase rent for making adjustments?

   Normally, rent should not be increased solely due to reasonable adjustments unless otherwise agreed upon.

3. What if my landlord denies my request for adjustments?

   You should follow up with SACAT or seek legal advice to explore your options for enforcement.

Need Help? Resources for Renters

If you need assistance, contact these organisations:

• South Australian Civil and Administrative Tribunal (SACAT): Handles tenancy disputes.
• Consumer and Business Services SA: Offers guidance on tenant rights and laws.
• Fair Trading Act 1987 (Cth): National legislative framework protecting consumer and tenant rights.

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Ensuring your rental property meets disability access standards is not just a legal obligation for landlords but a basic right for tenants. If you face barriers with your landlord, remember there are steps and resources to support you.

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