Free Legal Help for Disability Access in WA

Finding your way through rental challenges when you have disability access needs can be daunting, especially in Western Australia. However, understanding your rights and knowing where to find free legal help can make the process smoother. This article provides valuable insights into disability access, reasonable adjustments, and free legal support resources available for renters in Western Australia.

Understanding Disability Access and Reasonable Adjustments

In Western Australia, landlords are required to provide reasonable adjustments for tenants with disabilities. These adjustments are modifications made to a rental property to ensure tenants with disabilities have equal access to their homes. Examples of reasonable adjustments might include installing ramps or modifying the bathroom to accommodate wheelchairs.

Legal Framework

The Disability Discrimination Act 1992 (Cth) provides federally protected rights to reasonable access, ensuring landlords make necessary modifications. In Western Australia, these requirements are further supported by the Residential Tenancies Act 1987 (WA).

Where to Find Free Legal Help

Several organizations in Western Australia offer free legal assistance to those needing disability access adjustments in rental properties:

• Tenancy WA: A leading service providing advice and support to tenants on their rights related to disability access. More information can be found on their website.
• The Equal Opportunity Commission: Offers guidance and assistance related to discrimination in housing.
• Community Legal Centres: Local centers provide free legal advice and support to renters, including guidance on requesting reasonable adjustments.

Requesting Modifications: How To Proceed

When you need to request modifications for disability access, it’s essential to follow a clear process:

1. Notify Your Landlord: Communicate your need for adjustments in writing, specifying the changes required to access the property adequately.
2. Gather Evidence: Include documentation or evidence supporting your request, such as medical reports or occupational therapist recommendations.
3. Submit a Formal Request: Use the appropriate form from the Western Australian Department of Mines, Industry Regulation and Safety to formally request alterations.
4. Seek Support if Denied: If your request is denied, contact organizations like Tenancy WA for free legal advice.

FAQ

1. How do I know if an adjustment request is reasonable?

   A reasonable adjustment is one that doesn’t impose an unjustifiable hardship on the landlord. Factors include the cost of the adjustment and the landlord’s capacity to make changes.

2. Can a landlord refuse my adjustment request?

   Yes, but only if they can prove the adjustment would cause undue hardship, considering financial costs and the feasibility of making changes.

3. What if my landlord ignores my request for modifications?

   If your request is ignored, you can seek assistance from legal aid organizations or consider escalating the issue to the Western Australian Civil and Administrative Tribunal.

How To Request Modifications for Disability Access

1. Step 1: Write a formal letter

   Begin by writing a formal letter to your landlord detailing your specific needs and proposed modifications.

2. Step 2: Use official forms where applicable

   Check with the Department of Mines, Industry Regulation and Safety for any required or supportive documentation.

3. Step 3: Keep records of correspondence

   Maintain copies of all communications with your landlord for future reference.

Key Takeaways

• Western Australia requires landlords to provide reasonable accommodations under the Residential Tenancies Act 1987 (WA).
• Free legal help is available through Tenancy WA and other community legal centers.
• Written communication and proper documentation are crucial when requesting modifications.

Need Help? Resources for Renters

• Tenancy WA
• Equal Opportunity Commission
• Community Legal Centres Associations of WA

---

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

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