Seeking Legal Advice for Disability Access in WA

If you're renting in Western Australia and navigating disability access and reasonable adjustment issues, understanding your rights and when to seek legal advice can make a significant difference. As a renter, you are entitled to certain adaptations to ensure your living environment is accessible and safe. Let's explore when seeking legal advice might be necessary.

Understanding Disability Access and Reasonable Adjustments

Disability access refers to the modifications required to make a property accessible to individuals with disabilities. Landlords have a legal obligation to permit reasonable adjustments that cater to such needs. These might include:

• Installing ramps or handrails
• Modifying doorways
• Allowing service animals

It's crucial to understand whether these changes are considered reasonable and necessary for you, while also being mindful of the construction and financial considerations involved for the landlord.

When to Seek Legal Advice

1. Unfair Refusal of Adjustments

If your landlord refuses necessary adjustments for accessibility, it may be time to consult with a legal expert. They can guide you on how to effectively communicate your request or proceed with further legal actions if your rights are infringed.

2. Inaccessible Complaints Mechanism

There are times when communication becomes a barrier. If the landlord or property manager is not providing accessible ways for you to lodge complaints or requests, seeking legal advice could help you find a better resolution.

3. Navigating Rental Legislation

Western Australia's Residential Tenancies Act 19871 governs rental agreements, including issues surrounding disability access. Legal professionals can provide insights into your rights under this legislation, ensuring you are fully supported.

How Legal Assistance Can Help

Legal experts can:

• Clarify your rights under the Fair Trading Act 1987 (Cth) and the Residential Tenancies Act 1987
• Help draft or edit request letters to landlords
• Assist in mediation or tribunal processes if necessary

Need Help? Resources for Renters

If you require assistance or more detailed advice, consider reaching out to the following resources:

• Consumer Protection WA - for general tenancy advice and resources.
• Sussex Street Community Legal Service - provides free tenancy legal advice.
• Department of Mines, Industry Regulation and Safety - handles residential tenancy disputes.

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1. What constitutes 'reasonable' adjustments? Reasonable adjustments are modifications that do not impose an unjustifiable hardship on the landlord. Legal advice can help you determine what's considered reasonable under WA law.
2. Can my landlord charge me for modifications? Generally, landlords cannot charge for necessary disability adjustments. However, it's crucial to discuss cost responsibilities upfront and have agreements documented.
3. How do I dispute a denied request for modifications? Begin by seeking legal advice to understand your rights. You may have to file a complaint with your local tenancy tribunal if disputes persist.

1. How to file a complaint about disability access in WA
   1. Contact your landlord or agent to discuss and document the issue.
   2. If unresolved, seek advice from a legal service.
   3. File a formal complaint with the Department of Mines, Industry Regulation and Safety if necessary.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 1987.
• Document all communications with your landlord.
• Seek legal advice if adjustments are unfairly denied or if you're unsure of your rights.

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1. Residential Tenancies Act 1987

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