Is Hoarding Considered a Disability for Renters in Scotland?

Dealing with hoarding or supporting someone who hoards can be overwhelming — especially when you're renting property in Scotland. Many renters wonder if hoarding is treated as a disability under housing law, especially when issues of eviction, repairs, or rent increases arise. This guide explains your rights as a renter and highlights the official procedures and support available in Scotland if you are affected by hoarding disorder.

Mental Health and Disability Protections for Renters in Scotland

In Scotland, the law offers strong protections for renters with disabilities, including those with certain mental health conditions. Hoarding disorder, now recognised by the NHS as a specific mental health condition, may meet the legal definition of disability if it has a substantial and long-term negative effect on your ability to do normal daily activities.

How Disability Is Defined

• The Equality Act 2010 protects tenants from discrimination by landlords based on disability, which covers both physical and mental health conditions.^[1]
• To be classed as a disability, a condition (including hoarding disorder) must have a 'substantial' and 'long-term' effect on your normal day-to-day life.
• If hoarding is part of another diagnosed condition (such as Obsessive-Compulsive Disorder or Autism), protections may still apply under the Equality Act.

If your hoarding disorder meets these criteria, you have extra legal protections as a renter in Scotland.

What Are Your Rights if You Have Hoarding Disorder?

Under Scottish housing law, your landlord is not allowed to treat you unfairly or evict you solely because you have a disability, including eligible mental health conditions. You are entitled to reasonable adjustments. This could mean changes to procedures (such as giving more time to address cleanliness issues), or additional support to help you remain in your home.

• Discrimination caution: Landlords cannot refuse to rent to you, harass you, or evict you purely due to disability.
• If you are facing possession action (eviction), you can raise disability discrimination as a defence.
• For private and social tenants: Repairs and maintenance responsibilities remain, but extra support or flexibility may be available under the law.

Relevant Tenancy Legislation

• Private Housing (Tenancies) (Scotland) Act 2016 – sets main rules for private residential tenancies.^[2]
• Housing (Scotland) Act 2001 – covers social tenancies.^[3]

The main tribunal dealing with renter disputes in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber).

Official Forms and How to Use Them

Depending on your tenancy and situation, important forms include:

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) (Apply to the Tribunal)
  This online form lets you raise a complaint, defend an eviction notice, or claim discrimination.
  Example: If you have received an eviction notice and believe it is related to your hoarding disorder (a disability), you can apply to the Tribunal to challenge the eviction.
• Notice to Leave (for private tenants) (No specific form, but details at Eviction Process - mygov.scot)
  If you receive a Notice to Leave, you can use the above application form to challenge it, especially on discrimination grounds.

Taking Action If You Are Facing Discrimination

If you believe your landlord is treating you unfairly due to hoarding disorder or another disability, you should:

• Keep records of all communications and incidents
• Contact your council's housing officer for advice (Housing advice - mygov.scot)
• Apply to the First-tier Tribunal if you cannot resolve the issue informally

The Tribunal is independent and can rule on matters involving discrimination and unfair treatment.

1. Is hoarding always considered a disability under Scottish law?
   Not always. Hoarding is considered a disability if it is diagnosed as hoarding disorder or is part of a long-term mental health condition, and it substantially affects daily life.
2. What should I do if my landlord threatens eviction due to my hoarding?
   Seek immediate advice. Keep written communication, contact your local council, and consider applying to the Housing and Property Chamber to challenge the eviction on disability discrimination grounds.
3. Can my landlord refuse to make reasonable adjustments?
   Landlords must consider reasonable adjustments unless it creates an undue burden. Adjustments may include extra time to address clutter or support from services.
4. Is there an official form I can use to complain about discrimination in Scotland?
   Yes. Use the First-tier Tribunal for Scotland application form to file a complaint.
5. Who decides housing disputes for renters in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) handles most private and social tenancy disputes.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Official dispute resolution and applications
• Scottish Government Housing Advice – Information and contact options for renters
• Disability Equality Scotland – Disability rights advocacy
• NHS Inform: Hoarding Disorder – Guidance on diagnosis and support

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1. Equality Act 2010 – Section 6: Definition of Disability
2. Private Housing (Tenancies) (Scotland) Act 2016
3. Housing (Scotland) Act 2001

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