FAQs on Tenant Rights for Disability Access

For tenants with disabilities in Western Australia, understanding the laws and available resources regarding disability access and reasonable adjustments is crucial. It's essential to ensure your living environment meets your accessibility needs, and this guide will help clarify your rights and responsibilities.

Understanding Disability Access in Rental Properties

In Western Australia, tenants with disabilities have specific rights under the Residential Tenancies Act 1987. This act requires landlords to accommodate reasonable requests for modifications to make homes more accessible.

What Modifications Can Tenants Request?

Tenants may request various modifications, such as installing ramps, handrails, or visual alert systems. It’s important these modifications don't cause significant changes to the property's structure, except in cases where the landlord agrees or it's otherwise negotiated.

Making a Request for Modifications

To legally request modifications, tenants typically use the Application to Lease a Property form. Tenants should clearly outline the modification needs and provide any necessary medical documentation.

FAQs on Disability Access & Adjustments

1. Can a landlord refuse modifications for accessibility? Landlords can only refuse modifications if they are unreasonable or cause undue hardship. Most situations require negotiations.
2. Who pays for modifications? Typically, the tenant pays for the modifications unless otherwise agreed upon. Always discuss and record any agreements about costs with your landlord.
3. Can temporary modifications be made permanent? Yes, if both parties agree. It's essential to clarify whether reversals are required when terminating the lease.

Need Help? Resources for Renters

For assistance, tenants in Western Australia can contact the Consumer Protection WA, which handles residential tenancy disputes. Additionally, reach out to local community legal centers or rental advocacy services for further support.

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1. What if my landlord disagrees with the requested modifications? If a landlord disagrees, try negotiating or seeking mediation services. If unresolved, consider applying to the Magistrates Court for a determination.
2. Are there time limits for making modification requests? There are no specific statutory limits, but it's advisable to address the request as early as possible in the tenancy.
3. How should I document modifications? Always keep detailed records of any communications, agreements, and receipts related to the modifications.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1987.
• Communicate clearly with your landlord regarding any modifications needed.
• Document all agreements and modifications in writing.

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1. Step 1: Review your lease agreement

   Check your lease to ensure no clauses restrict modifications for disability access.

2. Step 2: Submit a formal request

   Use the appropriate forms to make an official request, outlining required modifications.

3. Step 3: Discuss costs and agreements

   Negotiate and document any cost-sharing or reimbursement arrangements with your landlord.

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