Recent Tribunal Cases on Disability Access in SA

In South Australia, renters with disabilities are often faced with unique challenges, especially when it comes to ensuring their homes are accessible. Recent tribunal cases highlight how important it is to understand these rights and the adjustments landlords may be required to make under South Australian law.

Understanding Disability Access in Rental Properties

Renters with disabilities can sometimes request modifications to their rental properties to make them more accessible. The Residential Tenancies Act 1995 (SA) provides a framework for these adjustments, ensuring that tenants' rights are protected. However, disputes can arise when landlords and tenants disagree on what constitutes a 'reasonable' adjustment.

What is Considered a Reasonable Adjustment?

A reasonable adjustment is any modification that enables a person with a disability to live comfortably and safely in their home. This might include installing handrails, widening doorways, or modifying bathrooms. Landlords are generally expected to accommodate these requests unless they can demonstrate that the adjustment would cause unjustifiable hardship.

Recent Tribunal Cases: Key Takeaways

Several tribunal cases over recent years in South Australia showcase the application of these laws:

• Case 1: A tenant requested door modifications for wheelchair access. The tribunal ruled in favor of the tenant, emphasizing the need for landlords to comply unless significant financial burden can be proven.
• Case 2: A request to install a stairlift was denied as the cost was deemed prohibitive, highlighting the balance between tenant needs and landlord capacity.

Steps to Take if You Need Modifications

If you are a tenant needing modifications, here are some steps to consider:

1. Discuss your needs with your landlord and provide evidence of how the modifications will help.
2. Submit a formal written request, outlining the modifications and why they are necessary.
3. If refused, consider lodging a dispute with the South Australian Civil and Administrative Tribunal (SACAT).

Conclusion

• Understand that you have the right to request reasonable adjustments in your rental property.
• Keep detailed records and communicate clearly with your landlord.
• Use tribunal cases as a guide for the types of adjustments that may be considered reasonable.

Need Help? Resources for Renters

• SA Government Tenant Information
• South Australian Civil and Administrative Tribunal (SACAT)
• Legal Aid South Australia: Call 1300 366 424 for tenancy advice.

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1. What is a reasonable adjustment? A reasonable adjustment is any modification necessary to help a tenant with a disability live comfortably, such as wheelchair ramps or bathroom modifications.
2. Can a landlord refuse a request? A landlord can refuse a request if it causes unjustifiable hardship; however, this should be backed by evidence.
3. How do I apply for modifications? Start by discussing with your landlord, then submit a formal request. If denied, seek assistance from SACAT.

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