Disability Access Issues for WA Tenants

Living with a disability can present unique challenges, especially when you're renting a property in Western Australia. Navigating these challenges while ensuring your home is accessible is crucial. In this article, we'll explore common issues facing tenants with disabilities and how to address them effectively within Western Australia's legislative framework.

Understanding Disability Access Rights in Western Australia

In Western Australia, tenants with disabilities are entitled to reasonable adjustments to improve their living conditions. These rights are protected under both federal and state laws, including the Fair Trading Act 1987 (Cth) and the Residential Tenancies Act 1987. The legislation requires landlords to accommodate tenants' reasonable requests while also considering the property's integrity and landlord's rights.

Top Issues Tenants Face

• Physical Modifications: Installing ramps, widening doorways, or altering bathrooms require landlord approval. Tenants often face delays or rejection of requests for such modifications.
• Inaccessible Essential Features: Common spaces like gardens or laundries may lack accessibility features, impeding tenants' quality of life.
• Limited Communication: Not all landlords are aware of their obligations under the law, leading to confusion or conflict.

Steps to Request Reasonable Adjustments

1. Submit a Formal Request: Use a written request outlining the modification, its necessity, and its impact on improving accessibility.
2. Use the Prescribed Form: In Western Australia, tenants can use Form 5A - 'Notice to Lessor of Breach of Agreement' from the Department of Mines, Industry Regulation and Safety (download here) if they're facing unreasonable delays.
3. Engage in Dialogue: Maintain open communication with your landlord and consider mediation if necessary.

Tip: Document all communications and formal requests with your landlord to build a clear record, which can help in disputes.

What to Do If Your Request Is Denied

If a landlord refuses to make reasonable accommodations, tenants can apply to the Western Australia Department of Mines, Industry Regulation and Safety for assistance. Another option is to approach the State Administrative Tribunal (SAT) for dispute resolution.

1. Submit an Application: Complete and lodge a SAT application form to formally request a hearing.
2. Present Evidence: Bring necessary documents including medical certifications and communication logs to support your case.

Need Help? Resources for Renters

If you're experiencing issues with disability access, consider reaching out to these organizations:

• Consumer Protection WA - Offers advice and support for tenants and landlords.
• Consumer Credit Legal Service WA - Provides free legal advice on tenancy issues.
• Disability Services WA - Assistance with disability-related services and support.

---

1. What is considered a reasonable modification? A reasonable modification is any change to the property that enables a disabled person to live and function more effectively, like installing grab bars in bathrooms.
2. Can a landlord refuse modifications? A landlord may refuse modifications if they substantially alter the property or if the request is unreasonable or not backed by sufficient evidence.
3. Who pays for the modifications? Typically, the tenant bears the cost; however, certain programs and services may offer financial assistance for necessary changes.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid