Disability Access & Adjustments for WA Renters

For tenants living with disabilities in Western Australia, ensuring your rental property meets accessibility needs is crucial. Understanding your rights regarding disability access and reasonable adjustments is key to enjoying a safe and comfortable home.

Understanding Disability Access and Adjustments

In Western Australia, tenants with disabilities have the right to request modifications and adjustments to their rental properties to accommodate their needs. This right is protected under the Residential Tenancies Act 1987 and aligns with the Fair Trading Act 1987 (Cth). These adjustments are designed to provide equal access and use of the property.

What Are Reasonable Adjustments?

Reasonable adjustments can include installing ramps, handrails, or other changes necessary for accessibility. These modifications should be negotiated between the tenant and landlord, ensuring they are both feasible and necessary for the tenant’s quality of life.

Certain minor adjustments can be made by the tenant at their own expense, but it’s essential to seek the landlord’s permission and adhere to any legal requirements.

Requesting Adjustments

• Step 1: Contact your landlord or property manager to discuss your needs.
• Step 2: Provide formal written notice using Forms 22 or 23 (Notice of Tenant Electing to Sue for Damages), explaining the requested adjustments.
• Step 3: If the request is denied, you may apply for dispute resolution through the Department of Mines, Industry Regulation and Safety.

Your Legal Rights

The Residential Tenancies Act 1987 ensures that any modification does not unfairly disadvantage other tenants or the landlord. It is important to note that landlords must not unreasonably refuse requests for necessary modifications for disability access.

Need Help? Resources for Renters

For tenants seeking assistance, the following resources are valuable:

• Department of Mines, Industry Regulation and Safety – Offers guidance on tenant rights and resolving disputes.
• Tenancy WA – Provides legal advice and support for renters.
• Legal Aid WA – Offers legal assistance for tenancy issues.

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1. What constitutes a reasonable adjustment in a rental property? Reasonable adjustments are changes made to accommodate the needs of a person with disabilities, such as installing ramps or modifying bathroom fixtures.
2. Can my landlord refuse modifications? Landlords in Western Australia cannot unreasonably refuse necessary modifications for improving accessibility for disabled tenants.
3. Who is responsible for the cost of adjustments? Typically, tenants cover the cost, but it’s negotiated with the landlord, especially if the changes increase the property's value.

1. How to request a disability adjustment in WA?
   1. Communicate with your landlord formally regarding your needs.
   2. Use specific forms to document and submit your request if required.
   3. Seek assistance through dispute resolution if necessary.

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