Tenants and Disability Access in Victoria

Living in Victoria and navigating the rental market can be challenging, especially for tenants who require disability access and reasonable adjustments. It's crucial to understand your rights and the responsibilities of your landlord under the Residential Tenancies Act 1997 (Victoria) to ensure your living space meets your needs.

Your Rights as a Tenant with a Disability

Under Victorian law, tenants with disabilities are entitled to request reasonable adjustments to their rental property to make it accessible and liveable. This includes modifications such as installing ramps, grab rails, or visual alarms.

Making Reasonable Adjustment Requests

To make any modifications, you must first seek consent from your landlord. It's advisable to submit a written request outlining the adjustments you need. Landlords cannot unreasonably refuse requests that allow tenants to utilize and enjoy their property fully.

Submitting a Consent Request

When requesting modifications, reference the Fair Trading Act 1987 (Cth) which supports tenant rights across Australia. The form you might use includes:

• Modification of Rental Premises Consent Form: Use this form to officially request permission for modifications. Specify the changes and how they improve accessibility.

For example, if you need to install a handrail, explain its necessity due to mobility issues. Download the form from the Victorian Consumer Affairs website.

What Happens if a Request is Refused?

If a landlord refuses an adjustment request, tenants can apply to the Victorian Civil and Administrative Tribunal (VCAT) to resolve the dispute. VCAT can assess whether the request was reasonable and make determinations based on individual cases.

Modifications and Restoration Costs

As a tenant, you might be responsible for some costs associated with installing and removing modifications. Discuss these aspects with your landlord to reach a mutual agreement. If the modification adds value to the property, some landlords may agree to cover the costs.

Need Help? Resources for Renters

• Tenants Victoria: Provides legal support and advice to renters.
• Department of Health and Human Services: Resources for Victorians requiring assistance with housing services.
• VCAT: Tribunal dealing with disputes between tenants and landlords.

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1. What are some examples of reasonable modifications? Reasonable modifications can include installing ramps, wider doorways for wheelchair access, or adding visual alarm systems for hearing-impaired tenants.
2. Can my landlord charge me extra for modifications? Landlords cannot charge extra rent for modifications but may discuss who covers the cost of installation and restoration when the tenancy ends.
3. How long does a landlord have to respond to a modification request? While specific timeframes can vary, landlords are generally expected to respond within a reasonable period. Seeking guidance from Tenants Victoria can provide more specific timelines.

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