Legal Help for Disability Access in WA Rentals

In Western Australia, renters with disabilities have the right to live in homes that accommodate their needs. Knowing how to navigate the legal landscape to secure necessary adjustments is crucial for enhancing your living situation.

Understanding Your Rights to Disability Access

As a renter in Western Australia, you are protected under both federal and state laws which ensure equal access and reasonable adjustments for disabilities in rental properties. The Fair Trading Act 1987 (Cth) and the Residential Tenancies Act 1987 (WA) play significant roles in defining and protecting these rights.

Federal and State Legislation

The Fair Trading Act prohibits discrimination in housing based on disability and mandates landlords to make reasonable accommodations. The state-specific Residential Tenancies Act of WA outlines further protections, ensuring tenants can request necessary modifications to their rental homes.

Requesting Modifications

To request an adjustment, you should communicate with your landlord or property manager detailing the necessary changes. It's advisable to submit this request in writing, clearly explaining why these modifications are essential for your daily living. A typical example might include installing accessible ramps or modifying bathroom facilities.

Form Applications

For situations that require formal requests, tenants may need to use official forms such as the 'Form 1: Notice of Proposed Improvements'. This form allows you to outline the specific changes needed and serves as an official record of your request. Download it from the Department of Mines, Industry Regulation and Safety site.

Handling Disputes

If a landlord refuses to make necessary adjustments, renters can seek mediation or file a dispute with the State Administrative Tribunal of Western Australia, which handles residential tenancy disputes. The tribunal can provide a fair resolution under the provisions of the relevant legislation.

Conclusion

• Understand your rights under federal and state laws.
• Submit modification requests with supporting documentation.
• Seek tribunal assistance if necessary changes are refused.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to the following:

• State Administrative Tribunal of Western Australia - Visit Website
• Tenancy WA - Provides legal advice and advocacy for tenants. Visit Website
• Department of Mines, Industry Regulation and Safety - Visit Website

---

1. What rights do tenants have for disability access in WA rental properties?

   Tenants in WA have rights under both federal and state laws to request necessary modifications for disability access, and landlords are required to make reasonable accommodations.

2. How can tenants request disability-related modifications?

   Tenants should communicate with their landlords through a detailed written request, using forms such as the 'Form 1: Notice of Proposed Improvements' when necessary.

3. What if a landlord refuses necessary modifications?

   If a landlord refuses, tenants can seek resolution through the State Administrative Tribunal of Western Australia.

1. How to request modifications for disability access in Western Australia
   1. Communicate with your landlord: Clearly outline the adjustments you need in writing, explaining their necessity for your disability.
   2. Submit formal documentation: Use official forms like 'Form 1: Notice of Proposed Improvements' for filing an official request.
   3. Seek tribunal intervention if refused: Engage the State Administrative Tribunal for dispute resolution if your request is denied.

---

1. Fair Trading Act 1987 (Cth), Fair Trading Act
2. Residential Tenancies Act 1987 (WA), RTA 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