Disability Access & Adjustments for WA Renters

Living with a disability and renting a property in Western Australia poses unique challenges, especially when it comes to accessing necessary adjustments to live comfortably. Fortunately, Australian and Western Australian laws protect renters' rights in these situations, ensuring that individuals with disabilities are not disadvantaged in their rental experience.

Understanding Your Rights

The main piece of legislation that governs renting in Western Australia is the Residential Tenancies Act 1987 (WA). This Act outlines the rights and responsibilities of both landlords and tenants, including provisions for tenants requiring disability access and adjustments.

Disability Access and Reasonable Adjustments

Under the Disability Discrimination Act 1992 (Cth), landlords must provide reasonable adjustments to ensure that people with disabilities can access rental properties. This could include modifications like installing ramps or handrails. However, tenants must request these modifications in writing and may be responsible for restoration costs when leaving the property.

Requesting Modifications

• Submit a written request to your landlord outlining the necessary adjustments.
• Include any supporting documentation, such as medical certificates or occupational therapist reports.
• Use the correct forms, such as the Request for Tenant Modifications to Rental Premises form, available on the WA government website.

What is a Reasonable Adjustment?

A reasonable adjustment is any change that enables a tenant with a disability to live independently and comfortably within their rental property. Adjustments are considered reasonable if they do not impose unjustifiable hardship on the landlord. Examples may include:

• Installing grab rails in bathrooms
• Lowering cabinets or sinks
• Widening doorways

If a landlord refuses a reasonable request, tenants can apply to the Magistrates Court of Western Australia for a resolution.

Tip: Develop a clear plan and discuss potential adjustments with your landlord to ensure smooth negotiation and implementation.

FAQ

1. Can my landlord refuse my request for modifications? Yes, but only if the request imposes unjustifiable hardship. They must provide an explanation for refusal.
2. Do I need to pay for the modifications? Typically, tenants are responsible for the cost of modifications unless otherwise agreed upon with the landlord.
3. What should I do if my landlord is non-compliant? If your landlord refuses to make reasonable adjustments, you may seek assistance through the Magistrates Court of Western Australia.

Need Help? Resources for Renters

For additional support, consider reaching out to the following resources:

• Consumer Protection WA: Offers guidance on rental rights and dispute resolution.
• Magistrates Court of Western Australia: Assists with tenancy disputes.
• Developmental Disability WA: Provides advocacy and support for individuals with disabilities.
• Disability Discrimination Act 1992 (Cth)

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1. Residential Tenancies Act 1987 (WA)
2. Disability Discrimination Act 1992 (Cth)

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