Understanding Disability Access & Adjustments in Tasmania

Renting a home in Tasmania can come with its share of challenges, especially for tenants with disabilities. Understanding your rights and obligations regarding disability access and making reasonable adjustments is crucial. These adjustments ensure that tenants with disabilities can enjoy their rented properties comfortably and safely, as outlined in the Residential Tenancy Act 1997. In this guide, we'll explore how Tasmania supports disability access in rental properties and provide you with actionable steps to uphold these rights.

Disability Access Obligations for Landlords

Landlords in Tasmania must comply with national laws like the Disability Discrimination Act 1992 (Cth), which prohibits discrimination against individuals with disabilities. This means landlords need to make reasonable adjustments to their properties to accommodate tenants with disabilities without undue delay or expense.

Reasonable adjustments can include:

• Installing ramps for wheelchair access
• Adding grab rails in bathrooms
• Allowing service animals even if pets are generally not allowed

These modifications make properties more accessible and do not fundamentally alter the landlord's responsibilities, ensuring compliance with both federal and state laws.

Steps Tenants Can Take to Request Adjustments

If you need adjustments, the first step is to communicate with your landlord clearly and in writing. This request should specify the modifications you require and how they will facilitate access to the property.

1. Document Your Request: Write a detailed letter to your landlord specifying the required adjustments and their benefits.
2. Provide Supporting Evidence: Attach supporting documents, such as a note from a healthcare provider outlining the necessity of these adjustments.
3. Engage in Open Dialogue: Encourage a conversation with your landlord to discuss feasible solutions that accommodate your needs without causing significant inconvenience or expense to the landlord.

By following these steps, you ensure a record of your request, making it easier to resolve disputes that might arise later.

Dealing with Disputes

If you encounter resistance from your landlord regarding reasonable adjustments, you have the right to seek help from the Consumer, Building and Occupational Services (CBOS) in Tasmania. They provide resources and dispute resolution services to help tenants and landlords reach an agreement.

Additionally, lodging a formal complaint with the Equal Opportunity Tasmania body can also be a course of action to address non-compliance regarding disability accommodations.

Legislative Framework

In Tasmania, the Residential Tenancy Act 1997 provides the primary legal framework governing the rights and responsibilities of landlords and tenants, including provisions for making reasonable adjustments.

If you believe your landlord is not adhering to these legal requirements, consider legal advice or assistance from tenant advocacy services.

1. Does my landlord need to pay for disability modifications? Generally, landlords may be expected to make reasonable modifications, which should not cause them undue hardship or expense. However, each case is unique. Discuss options that may involve sharing costs or seeking government assistance.
2. What constitutes a reasonable adjustment? A reasonable adjustment is one that balances the needs of the tenant with the costs and feasibility for the landlord. Examples include adding ramps or adjusting doorways.
3. How can I prove the necessity of an adjustment? Providing a letter from your healthcare professional outlining your accessibility needs can help substantiate your request.

Need Help? Resources for Renters

• Consumer, Building and Occupational Services (CBOS) - Renting Section
• Equal Opportunity Tasmania
• Tenants' Union of Tasmania

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1. What adjustments can I request if I have a temporary disability? Even for temporary conditions, you can request temporary adjustments like ramps or bathroom aids. It's essential to discuss feasible options with your landlord.
2. Are there government funds available for property modifications? Yes, certain government schemes may offer financial assistance for modifications. Check with local authorities for specific programs.

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