Is Hoarding Classed as a Disability for Renters in Wales?

Many renters in Wales struggle with complex mental health conditions, and hoarding disorder is increasingly recognised and understood. If you’re a tenant dealing with hoarding and you’re worried about your rights, especially if your landlord raises concerns or threatens eviction, it’s important to know how Welsh housing law protects you. This article explains whether hoarding counts as a disability, your rights as a renter, and what steps you can take.

Understanding Hoarding Disorder and Disability

Hoarding disorder is a recognised mental health condition involving persistent difficulty discarding possessions, resulting in cluttered living spaces. In many cases, hoarding is linked to anxiety or other mental health conditions. But does it count as a disability under Welsh law?

Is Hoarding a Disability in Wales?

Under the Equality Act 2010, a disability is defined as a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities.^[1] Hoarding disorder, as a recognised mental health impairment, can be considered a disability if it significantly impacts your daily life for 12 months or more.

• You do not need a formal diagnosis to be protected, but evidence such as medical letters can help.
• Landlords must make "reasonable adjustments" for tenants with disabilities to prevent discrimination.

For more on disability rights, see the official government overview on disability and the Equality Act.

Your Housing Rights If You Have Hoarding Disorder

In Wales, renting is mainly governed by the Renting Homes (Wales) Act 2016, which replaced older tenancy law in December 2022.^[2]

• Landlords must not unlawfully evict or harass tenants with disabilities, including those with hoarding disorder.
• Before taking action (for example, ending your contract or serving notice), landlords should consider reasonable adjustments or support for your situation.
• If the hoarding creates serious health or fire risks, landlords still have to ensure the property remains safe for all occupants and neighbours.

What Is a Reasonable Adjustment?

A "reasonable adjustment" might include:

• Allowing more time for you to address the hoarding before taking further action
• Connecting you with local support services or the council’s safeguarding team
• Accepting the help of charities or mental health teams if agreed

If you feel you’ve been treated unfairly, you may be able to challenge discrimination or negotiate for more time to resolve issues.

If Facing Notice or Eviction Due to Hoarding

If your landlord wants to end your contract because of hoarding-related issues, they must normally serve a valid notice. In Wales, this is often a ‘Notice Seeking Possession’ or a ‘Notice to End Occupation Contract’.

• Check if the notice follows legal requirements under the Renting Homes (Wales) Act 2016.
• Consider contacting your local council or advice service immediately for support.

How to Respond: Practical Example

If you receive a notice, you can use the official Welsh Government guidance for renters to understand your steps. If you believe hoarding is linked to a disability, you can:

• Submit medical evidence about your condition
• Request reasonable time or adjustments
• If necessary, challenge the notice through the Residential Property Tribunal Wales, which hears housing disputes in Wales

Relevant Forms and How to Use Them

• Application to Residential Property Tribunal Wales (Form RHW1):
  Use this if you wish to challenge a landlord’s action or appeal a notice. For example, if you believe discrimination has occurred due to your mental health or disability, you can submit this form to start the process.
• Report housing issues to your local council:
  If unresolved health and safety or discrimination concerns remain, notify your local authority online.

Tribunals and Where to Find Help

Housing disputes in Wales, including those involving disability discrimination, are handled by the Residential Property Tribunal Wales.^[3]

FAQ: Hoarding, Disability, and Tenancy Rights in Wales

1. Is hoarding officially recognised as a disability for renters in Wales?
   Yes, hoarding disorder can be considered a disability if it meets the Equality Act 2010 definition: a long-term, substantial impact on daily life.
2. What are landlords supposed to do if a tenant is hoarding?
   Landlords should consider "reasonable adjustments" and focus on supporting the tenant rather than immediate eviction, especially if disability is involved.
3. Can a landlord evict me for hoarding?
   Landlords can take action if hoarding seriously endangers health or safety, but they must follow the proper notice process under the Renting Homes (Wales) Act 2016 and avoid discrimination.
4. What official forms do I need to challenge a notice or discrimination related to hoarding?
   In most cases, apply to the Residential Property Tribunal Wales using Form RHW1.
5. Who can support me if my landlord won’t help?
   Contact your local authority, mental health services, or tenant advocacy organisations—they can intervene on your behalf if needed.

Conclusion: Key Takeaways

• Hoarding disorder can be protected as a disability in Wales if it has a significant, long-term effect.
• Renters have rights to reasonable adjustments and protection from discrimination, but also responsibilities to maintain safety.
• If issues arise, act early—seek help, gather evidence, and use the correct official process.

Understanding the balance between tenant rights and landlord responsibilities gives you the best chance to resolve problems and keep your home.

Need Help? Resources for Renters

• Residential Property Tribunal Wales – handles housing disputes and appeals
• Welsh Government Tenant Advice – official government support for renters
• Report housing concerns to your Local Council
• Citizens Advice Wales – Housing
• If you need urgent mental health or safeguarding support, contact your GP or social services

---

1. [1] See the official definition under the Equality Act 2010, Section 6
2. [2] Learn more about renting rules in Wales in the Renting Homes (Wales) Act 2016
3. [3] See the official Residential Property Tribunal Wales website for case handling and guidance

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation