Legal Assistance for Disability Access in SA

As a renter in South Australia, ensuring your home is accessible and suited to your needs is crucial. This is especially significant for individuals living with a disability who might require modifications in their rental property. It's vital to understand your rights concerning disability access and reasonable adjustments and know where to seek help if needed.

Understanding Disability Access and Adjustments

In South Australia, renters with disabilities have the right to request reasonable adjustments to their homes under the Residential Tenancies Act 1995. These adjustments may include modifications like installing ramps, widening doorways, or fitting bathroom aids. However, these changes usually require approval from your landlord.

How to Request Adjustments

If you need modifications due to a disability, you should contact your landlord in writing to request these changes. Clearly outline what modifications you need and why they are necessary. It's also helpful to provide any supporting documentation, such as a medical certificate.

Legal Steps if Assistance is Denied

If your request for reasonable adjustments is denied or ignored, there are legal steps you can take. The South Australian Civil and Administrative Tribunal (SACAT) is the primary body handling these disputes. You can apply to SACAT to resolve rental disagreements, including those related to disability access. For more information, visit the SACAT website.

Relevant Forms and Resources

Access the necessary forms through the SA Government Housing website. For example, you may need the 'Application for Modifications' form when requesting changes to your home.

Tip: Always keep a copy of all submitted forms and correspondence for your records.

Additional Legal Protections

Besides state provisions, federal law, such as the Disability Discrimination Act 1992 (Cth), protects individuals against unfair treatment due to disabilities. This Act ensures that property owners cannot discriminate against tenants with disabilities.

FAQ Section

1. What is a 'reasonable adjustment' in a rental property?
   A reasonable adjustment refers to changes necessary to accommodate a tenant's disability, such as installing handrails or altering bathroom layouts.
2. Can a landlord refuse my request for modifications?
   Landlords must have a valid reason to refuse reasonable modification requests, such as potential damage to property or infringing on safety regulations.
3. Who is responsible for the cost of modifications?
   Generally, the tenant is responsible for the cost unless otherwise agreed upon. However, government assistance may be available.

How To Section

1. How to apply for modifications in your rental home
   1. Contact your landlord and outline the necessary adjustments and reasons.
   2. Provide supporting documentation, such as a medical certificate.
   3. Submit an 'Application for Modifications' form through the SA Government site if required.
   4. Follow up with your landlord to keep the process moving forward.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1995.
• Prepare necessary documentation when requesting modifications.
• Consider legal avenues like SACAT if your rights are challenged.

Need Help? Resources for Renters

If you need further assistance, consider contacting these bodies:

• South Australian Civil and Administrative Tribunal (SACAT)
• Legal Services Commission of South Australia for legal advice
• SA Government Housing for tenancy forms and information

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1. Disability Discrimination Act 1992 (Cth)

2. Residential Tenancies Act 1995 (SA)

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