Jenna's landlord refused to make a $200 change so she could access water — until she sent a legal letter (2024)

If Jenna Lovell was home alone, she would need to make sure she had a container of water filled up.

That is because her condition, hypermobile spectrum disorder, makes it impossible to turn on certain types of taps.

"All of the taps had that T-cross four-point turning head on it," Ms Lovell said of her former home in Hobart.

"It got to the point where I didn't have enough strength and stability in my hand to be able to turn that style of tap on or off."

Her condition became more severe over time, while the taps became progressively stiffer. Even devices that sit over the top of the tap were difficult to use.

She would need someone to turn on the shower for her, to avoid causing further risk of injury to herself.

"I was having quite regular joint supplications, which is where the joint comes partially out of place," Ms Lovell said.

"If you can't turn on the kitchen and bathroom taps yourself, that impacts on many basic daily living activities."

But her landlord kept replacing the T-cross tap heads with other T-cross taps, rather than with a lever-operated tap, meaning Ms Lovell still couldn't access water in her own home.

When Ms Lovell asked for the change through the real estate agent, which she estimated would cost $200 for four taps, the landlord refused.

"I put quite a bit of information in the request. I mentioned that he had been routinely replacing the taps, that the other design would cost them less in the long run," she said.

"There was also the benefit of, 'oh, and by the way, I'll be able to use the taps in the house that I'm paying good money to live in'.

"I was a bit surprised that the answer was 'no'."

Her request went nowhere for months until the Tenants' Union sent a letter on her behalf raising the prospect of an anti-discrimination complaint.

The landlord then finally agreed.

"It did seem a little bit ridiculous that I had to go to that step for something that is relatively minor," Ms Lovell said.

Tasmanian law change to cover less than in other states

Tasmania is the only state or territory where tenants are unable to make certain minor modifications without the landlord's consent.

In Victoria, there is a 'no unreasonable refusal' clause for modifications such as CCTV for family violence victims, energy efficiency changes, and health and safety modifications.

The ACT, Queensland and Western Australia specifically include minor modifications for "accessibility", such as those that Ms Lovell required, while other states have differently worded clauses that could also allow this.

The Tasmanian government has tabled a bill, but it would only cover minor modifications to prevent furniture from toppling.

And if refused, the tenant would have to apply to the Residential Tenancy Commissioner to explain why it was needed, rather than the landlord applying to explain why not.

Ms Lovell said it should be broader.

"For minor things like taps and door handles, if you are just straight up refused but there's a legal requirement for the landlord to give an answer, I think that forces people to think about the situation from the tenant's perspective as well," she said.

"And just go, 'OK, why am I refusing this?'."

Community organisations call for laws to go further

Ten Tasmanian community service organisations have written to all lower house MPs urging them to support a broadening of the proposed law.

They include Disability Voices Tasmania, the Migrant Resource Centre, Council on the Ageing and Anglicare Tasmania.

The letter argues there could be appropriate safeguards for landlords as well, such as the ability to refuse if significant hardship is caused by the modification, and to allow for conditions such as the requirement for qualified tradespeople to carry out works.

Anglicare Tasmania recently completed a Housing Security for Older Tasmanians report that points out that the inability to make minor modifications could cause housing insecurity.

"For people who are living with a disability or elderly people, it is very hard to get another suitable tenancy," Anglicare researcher Mary Bennett said.

"When you're choosing to offer a property in the long-term rental market, it is as someone's home.

"And if you're a tenant, you should be able to make minor modifications to a home to make it liveable for you."

Government 'committed' to improving act

The Tasmanian laws also would not allow for victims of family violence to install CCTV unless they had an active intervention order, elderly tenants to install safety rails and tenants to install NBN or other telecommunications modifications.

Consumer Affairs Minister Madeleine Ogilvie said the government was fulfilling an election promise to prevent furniture from toppling in homes, and to ensure tenants can keep pets.

“The government is committed to considering ongoing improvements to the Residential Tenancy Act,” she said.

Ms Ogilvie did not respond to a question about why the laws did not include accessibility and security modifications, and when the bill would be brought on for debate in the lower house.

The government promised to table the legislation within 100 days of the election.

Ms Lovell has since moved out of the house, and is now living in social housing.

Like with most modern housing, it has lever handles and taps that are easy to use.

"You can wrap your fingers around it as opposed to having to stabilise hand joints and then twist, which is mechanically more difficult," Ms Lovell said.

"I'm in a much better position now where that's just standard through the property."