Risks of Disability Access for Renters in WA

Renting in Western Australia comes with its unique challenges, especially for those with disabilities seeking adequate access and reasonable adjustments. It's vital to understand the risks involved and the legal framework protecting renters in these situations.

Understanding Disability Access Risks

In Western Australia, renters with disabilities face various challenges regarding adequate access to rental properties. The key risks include:

• Lack of Accessibility: Many rental properties might not meet the necessary accessibility standards for people with mobility issues.
• Neglect in Maintenance: Necessary repairs or modifications for disability access might not be prioritized by landlords.
• Inadequate Legal Knowledge: Renters might not be fully aware of their rights under the Western Australia Residential Tenancies Act 1987.
• Landlord Resistance: Property owners may resist making modifications, fearing costs or future difficulties in renting the property.

Legal Protections and Obligations

The Residential Tenancies Act 1987 in WA provides some protection for renters with disabilities. Under this legislation:

Landlords must consider reasonable requests for adjustments that facilitate disability access, provided these requests don't impose an undue burden.

Requesting Adjustments

If you need modifications for disability access, you should:

1. Communicate Clearly: Write to your landlord, detailing the required changes and the rationale behind them.
2. Provide Evidence: Attach any relevant documentation, such as medical certificates, to support your request.
3. Use Official Forms: Utilize forms from the local tenancy authority when submitting your request to ensure it's taken seriously.

An important form is the Request for Modifications Form, which formalizes your request. Consider using this form when seeking structural changes like ramps or widened doorways.

Dispute Resolution

If your landlord denies your request or you face other issues related to disability access, you can escalate the matter to the State Administrative Tribunal (SAT). The SAT handles residential tenancy disputes and may assist in resolving conflicts between tenants and landlords.

Relevant Legislation

The Fair Trading Act 1987 (Cth) provides a framework across Australia ensuring fair treatment in rental situations, including provisions pertinent to disability access.

1. What should I do if my rental property isn't accessible?

   You should request modifications in writing and provide documentation to your landlord. If denied, consider mediation or applying to the SAT.

2. Can a landlord refuse my request for adjustments?

   Yes, but only if they can demonstrate that fulfilling your request would pose an undue hardship.

3. How can I prove the necessity for adjustments?

   Include supporting documents such as medical certificates or disability assessments when submitting your request.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to:

• Tenancy WA: Provides specialized support for tenants, including legal advice.
• Disability Support Guide: Offering resources and services for people with disabilities.
• State Administrative Tribunal: For resolving disputes if negotiations fail.

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1. Key takeaway: Renters have rights under the WA Residential Tenancies Act 1987.
2. Key takeaway: Use official forms and documentation when requesting disability access adjustments.
3. Key takeaway: The SAT can be a resource for resolving landlord-tenant disputes.

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