Handling Disability Access Disputes in WA

Renters in Western Australia with disabilities have the right to reasonable adjustments in their homes to ensure accessibility and comfort. However, disputes with landlords over such adjustments can arise. This article provides a comprehensive guide on handling these disputes effectively, ensuring that your rights are protected under the Residential Tenancies Act 1987.

Understanding Your Rights and Responsibilities

As a renter with a disability, you are entitled to request reasonable adjustments to your rental property to ensure it meets your accessibility needs. Under the Disability Discrimination Act 1992, landlords are required to accommodate such requests unless they cause undue hardship.

Requesting Reasonable Adjustments

Start by communicating with your landlord about the necessary adjustments. Provide clear details about what changes are needed and why. Documentation or assessments from health professionals might be beneficial to support your request.

Resolving Disputes

If your landlord is unwilling to make reasonable adjustments, you may need to escalate the issue.

• Document everything: Keep records of all communications with your landlord regarding the requested adjustments.
• Seek mediation: Sometimes, disputes can be resolved with the help of a mediator. The Tenancy WA service offers mediation to help tenants and landlords reach an agreement.
• Apply to the Western Australian Civil and Administrative Tribunal (WACAT): If mediation fails, you can apply to the WACAT. Use form 12 available on the WACAT website.

How to File a Complaint

To file a complaint with WACAT, you'll need to submit Form 6: Notice to Lessors or Renters of Breach. Fill this form when your landlord refuses to make the necessary reasonable adjustments. Instructions and the form can be found here.

Relevant Legislation

Familiarize yourself with your rights under both state and federal laws. The Residential Tenancies Act 1987 in Western Australia and the Disability Discrimination Act 1992 are key legislations in protecting your rights as a tenant with a disability.

1. What are reasonable adjustments? Reasonable adjustments are modifications made to a rental property to accommodate the needs of a person with disabilities, such as installing ramps or modifying bathrooms.
2. What if my landlord refuses reasonable adjustments? If your landlord refuses, you may lodge a complaint with the Western Australian Civil and Administrative Tribunal (WACAT) using the appropriate forms.
3. Can I request adjustments at any rental stage? Yes, you can request adjustments at any point during your tenancy, but it's advised to communicate these needs early.

1. How to request reasonable adjustments
   To start, inform your landlord in writing about the desired changes. Provide documentation like medical notes to reinforce your claim.
2. How to escalate a dispute
   Gather evidence of your requests and responses. Seek mediation through Tenancy WA or file a complaint with WACAT if necessary.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1987 and federal laws.
• Keep thorough records of all interactions and requests with your landlord.
• Utilize mediation services and WACAT for unresolved disputes.

Need Help? Resources for Renters

If you're facing difficulties, the following resources may offer assistance:

• Tenancy WA: Provides legal advice and support for tenants. Visit them at Tenancy WA.
• Western Australian Civil and Administrative Tribunal (WACAT): Handles disputes over tenancy issues and adjustments. More information available on the WACAT website.
• Australian Human Rights Commission: Offers guidance on discrimination laws relevant to tenants. Learn more at the Australian Human Rights Commission.

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1. Residential Tenancies Act 1987
2. Disability Discrimination Act 1992
3. Western Australian Civil and Administrative Tribunal (WACAT)

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