Understanding Disability Access and Adjustments in Tasmania

Renting a home in Tasmania should be accessible to everyone, regardless of their physical abilities. Understanding your rights as a renter when it comes to disability access and requesting reasonable adjustments is crucial. Tasmania, with its unique landscape and housing structures, presents both challenges and opportunities for ensuring homes are accessible to persons with disabilities.

What Are Reasonable Adjustments?

Reasonable adjustments refer to changes or modifications made to a rental property to make it accessible for persons with disabilities. These changes can be minor, like installing grab bars in a bathroom, or more significant, such as altering kitchen countertops for wheelchair accessibility.

Legal Framework Governing Disability Access

Under the Disability Discrimination Act 1992 (Cth) and the Residential Tenancy Act 1997 (Tas), landlords are required to permit reasonable adjustments unless handling them poses an unjustifiable hardship. This includes modifications to improve accessibility for tenants with disabilities.

How to Request an Adjustment

If you're a tenant with a disability requiring adjustments in your rental property, it's important to understand the process:

1. Evaluate the Needed Adjustments: Determine what changes are necessary to make the property accessible.
2. Contact Your Landlord: Write to your landlord formally requesting the adjustment. Clearly detail the modifications needed and include any supporting documentation, such as a note from a healthcare professional.
3. Acknowledge Costs and Negotiation: Discuss who will cover the costs of the adjustments, negotiate if necessary, and confirm if the modifications will be removed upon leaving the property.

Rights and Responsibilities

Under Tasmanian law, tenants have the right to request reasonable adjustments, but it's essential to communicate effectively with your landlord. Your landlord should also ensure that the home remains safe and complies with health regulations. When adjusting a property, both parties should keep records and agree on terms, especially on responsibility for costs and restoring the premises to its original condition, if needed.

Dispute Resolution

If conflicts arise regarding adjustments, tenants can seek assistance from the Consumer, Building and Occupational Services Tasmania, which handles disputes between landlords and tenants. Alternatively, lodge an application with the Magistrates Court of Tasmania if an agreement cannot be reached.

Need Help? Resources for Renters

• Consumer, Building and Occupational Services Tasmania - Offers advice and dispute resolution services.
• Hobart Community Legal Service - Provides free legal advice on tenancy rights.
• Advocacy Tasmania - Supports individuals with disabilities in housing matters.

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1. What qualifies as a reasonable adjustment? A reasonable adjustment is a modification or change to a rental property that enables a person with a disability to have the same access as others, provided that it does not impose an unjustifiable hardship on the landlord.
2. Can a landlord refuse a request for adjustments? A landlord can refuse a request if the adjustment would cause significant difficulty or expense; however, they must prove this hardship.
3. Who bears the cost for the adjustments? This often depends on negotiations between the tenant and landlord, but typically the tenant requesting the modification handles the costs unless otherwise agreed.
4. Can modifications be removed at tenancy end? Adjustments might have to be removed at the tenancy’s end, restoring the property to its original condition, depending on the lease agreement.

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Understanding disability access rights in Tasmania is essential for ensuring that your rental property meets your needs. Always start by communicating with your landlord and discussing potential adjustments. If needed, remember that resources and legal frameworks are in place to assist you.

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1. Disability Discrimination Act 1992 (Cth) - legislation.gov.au
2. Residential Tenancy Act 1997 (Tas) - legislation.tas.gov.au

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