Tenants and Disability Access in WA

If you're a tenant living in Western Australia with a disability, understanding your rights and entitlements is crucial. You deserve to enjoy equal living opportunities, and landlords have certain obligations to ensure their properties meet necessary accessibility standards. This guide will cover key aspects of disability access and reasonable adjustments for tenants.

Understanding Disability Access Rights

In Western Australia, the Residential Tenancies Act 1987 forms the backbone of tenant rights. It mandates equal access for tenants with disabilities. Landlords must make reasonable adjustments to accommodate tenants' needs, ensuring they are not disadvantaged.

Reasonable Adjustments Explained

Reasonable adjustments can include structural changes or procedural modifications that allow tenants with disabilities to live comfortably. Examples are installing ramps, providing lowered counters, or modifying bathroom facilities.

Tip: For any modifications, both parties should agree on the terms and document the agreement to avoid future disputes.

The Role of the Landlord

Landlords in Western Australia must comply with disability access requirements according to the Equal Opportunity Act 1984 (WA). They need to consider:

• The significance of the modification for the tenant's needs.
• The impact on the property’s value.
• Consultation with experts if necessary.

Tenant Responsibilities

Tenants should communicate their needs clearly and in writing to the landlord. Clearly outline why specific modifications are required and how they will help. For major changes, seeking permission using Form 2 – Notice to Accompany Application for Inspection is advisable. You can find this form on the Consumer Protection WA website.

When Disputes Arise

When disagreements about accessibility needs arise, tenants can seek resolution through the State Administrative Tribunal (SAT). The SAT provides a legal avenue for resolving disputes between tenants and landlords.

1. If an agreement cannot be reached, tenants can lodge a complaint with SAT.
2. Provide documentation of requested adjustments and all correspondence.

For a smooth process, familiarise yourself with relevant legislation and ensure all communication is well documented.

1. FAQ Section

FAQ

1. What should I do if my landlord refuses reasonable adjustments? If a landlord refuses reasonable adjustments, document all requests and responses. Use SAT for dispute resolution if needed.
2. Can landlords charge me for modifications? It depends on the agreement. Typically, modifications benefiting the tenant are their responsibility unless agreed otherwise.
3. Do I need permission for every modification? For minor changes, verbal consent may suffice. Major modifications usually require written approval.
How To Section

How to Request Disability Adjustments

1. Step 1: Identify Necessary Changes Assess your living space to identify barriers and propose changes that will enable better access.
2. Step 2: Communicate with Your Landlord Write a formal request to your landlord detailing the necessary adjustments and explaining the benefits.
3. Step 3: Use Official Forms Submit any required forms, like Form 2, to document the request officially.
4. Step 4: Involve a Third Party if Necessary If disputes arise, engage an advocate or apply to SAT for resolution.

Need Help? Resources for Renters

For assistance, you can reach out to:

• Consumer Protection WA for general tenant advice.
• State Administrative Tribunal for legal dispute resolution.
• Local community legal centres for tailored advice and support.

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Footnotes
• Residential Tenancies Act 1987
• Form 2 – Notice to Accompany Application for Inspection
• State Administrative Tribunal (WA)

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