Hoarding

Key Links

• ‍Lancashire Safeguarding Adults (Good example policy) ‍
• Local Government Lawyer ‍
• Lawhive ‍
• Hoarding UK (Good example policy) ‍
• Expert Court Reports

Summary

• The ultimate responsibility for hoarding sits with the tenant and can be grounds for eviction if the issue persists as it is considered to be an anti-social behaviour issue under the Anti-Social Behaviour, Crime and Policing Act 2014.
• However, careful consideration must be put into this as hoarding can also be classified as a mental health disorder and thus a protected disability under The Equality Act 2010.
• If eviction is pursued the onus is on the landlord to demonstrate concrete signs of damage or safety issues caused by the hoarding.

Advised steps to take

• Decide on a policy and procedures towards hoarding
• Check if your tenancy agreements include reference to hoarding to understand if hoarding is breaking the terms of that agreement

Potential Responses  

Your response to hoarding could follow a flow akin to the following:

1. Identify and assessing:
   Through regular inspections (such as Annual Property Inspections) identify any property in which hoarding is occurring and assess the risk

2. Working with the tenant:
   Start off by doing our upmost to work with the tenant to help them resolve their hoarding. This could include helping them to formulate a plan to clear their property; guiding them to a referral to their GP, psychological therapy or CBT; helping them to make contact with the Fire Department or Environmental Health to clear the hoarding; planning more regular inspections whilst the tenant works towards clearing; and other solutions

3. Seeking an injunction:
   If the tenant does not respond to step 2, an injunction could be sought from the courts to compel the tenant to work with us to clear the hoarding. Injunctions typically cost anywhere from £300 - £500 but can rise to £1200 +

4. Consider eviction (two options):

1. Section 21 no-fault eviction at the end of the tenancy agreement

2. Section 8 eviction under The Housing Act 1998 (Grounds 12, 13, 14 or 15 would be most appropriate)

Legal case for eviction  

As hoarding is considered an anti-social behaviour issue, any legal action taken by landlords will be governed by the Anti-Social Behaviour, Crime and Policing Act 2014. Whilst it may seem extreme to class hoarding as a form of anti-social behaviour, section 2(1)(c) of this Act provides that any conduct capable of causing housing-related nuisance or annoyance to any person amounts to anti-social behaviour. As hoarding results in the accumulation of large volumes of clutter – which can, in turn, make cleaning very difficult, leading to unhygienic conditions and encouraging rodent or insect infestations – this would clearly fall within the definition of a “housing-related nuisance or annoyance”. Furthermore, the hoarding of combustible materials, such as newspapers, magazines and books, increases the risk of a fire, and the clutter itself can block the route of an escape in the event of a fire. If clutter is kept in larges piles then it can collapse onto those in the property or prevent tradesmen who are instructed to carry out essential repairs from carrying out the task at hand.

In more severe cases of hoarding, the landlord may consider using its powers under the Housing Act 1988 and seek possession, relying upon one of the grounds listed under Schedule 2 of this Act. The landlord would normally be required to rely upon discretionary Grounds 12 (breach of tenancy obligation), Ground 13 (deterioration in the condition of the property or common parts), Ground 14 (causing a nuisance/annoyance to people in the locality) and/or Ground 15 (deterioration of furniture). Furthermore, it is worth adding that when local authority landlords pursue possession action in connection with hoarding situations, reliance is often placed upon Grounds 2 or 3 of the Housing Act 1985 which respectively relate to the tenant causing a nuisance/annoyance to people in the locality and the condition of the property deteriorating.

Hoarding and the Equality Act  

Under the Equality Act 2010, a person is considered disabled if they have a physical or mental impairment that substantially affects their ability to carry out day-to-day activities in the long term. The Act also says that a person can’t be treated unfavourably because of something arising from their disability unless it’s a proportionate means of achieving a legitimate aim.

As a landlord, this meant I might not be able to evict my tenant because of their hoarding as their hoarding disorder could be classed as a disability.

Another consideration relating to this, which was brought to my attention by my solicitor, was the tenant’s ability to make decisions. While having a mental illness doesn’t automatically mean a person can't make their own decisions, it was something I should think about, especially because the court was not likely to issue certain actions (such as a possession order) if there’s clear evidence that a person can’t comply with its terms if they are unable to understand, remember, assess information, and communicate decisions.

Example risk framework

Level 1 Minimal risk (Clutter Pictures 1-3)

• Lancashire Fire and Rescue Service for their home fire safety check service

• Consider referral to the GP if the adult appears to have low mood or is presenting with a physical condition that is affecting how they care for themselves and their home

• If the adult has care support needs that is having a significant effect on their wellbeing refer to Adult Social Care 0300 123 6720 for an assessment of their needs

• Liaise with landlord if resident is a tenant

• Liaise with Environmental Health

Level 2 Moderate risk (Clutter Pictures 4-6)

• Refer to landlord if resident is a tenant

• Refer to Environmental Health

• Raise a request to Lancashire Fire and Rescue for their Home Fire Safety Check service

• Provide details of garden services

• If the adult has care and supports needs that is having a significant effect on their wellbeing refer to adult social care for a care and support assessment

• Referral to GP to request a review of medical/psychological needs and impact of hoarding

• Referral to debt advice if appropriate

• Refer to animal welfare if there are animals at the property

• Ensure information sharing with all necessary statutory agencies

Level 3 High/Critical Risk (Clutter Pictures 7-9)

• Raise safeguarding concern within 24 hours if there are care and support needs

• If the individual does not meet the safeguarding thresholds for a referral, consider contacting Adult Social Care 0300 123 6720 regarding possible care and support needs assessment

• Raise a request to Lancashire Fire and Rescue Service within 24 hours to provide a Home Fire Safety Check

• Refer to Environmental Health

Example assessment questions

1. How do you get in and out of your property?

2. Do you feel safe living here?

3. Have you ever had an accident, slipped, tripped up or fallen? How did it happen?

4. How do you move safely around your home? (Where floor is uneven or covered or there are exposed wires, damp, rot or other hazards)

5. Has a fire ever started by accident? Is the property at risk from fire?

6. How do you get hot water, lighting and heating in the property? Do these services work properly? Have they ever been tested

7. Do you ever use candles or an open flame to heat and light here or cook with camping gas?

8. How do you manage to keep yourself warm? Especially in winter?

9. When did you last go out in your garden? Do you feel safe to go out there?

10. Are you worried about other people getting in to your garden to try and break-in? Has this ever happened?

11. Are you worried about mice, rats or foxes, or other pests? Do you leave food out for them? Have you ever seen mice or rats in your home? Have they eaten any of your food? Or got upstairs and be nesting anywhere?

12. Can you prepare food, cook and wash up in your kitchen?

13. Do you use your fridge? Can I have look in it? How do you keep things cold in the hot weather?

14. How do you keep yourself clean? Can I see your bathroom? Are you able to use your bathroom and use the toilet ok? Have a wash, bath? Shower?

15. Can you show me where you sleep and let me see your upstairs rooms? Are the stairs safe to walk up? (if there are any)

16. What do you do with your dirty washing?

17. Where do you sleep? Are you able to change your bed linen regularly? When did you last change them?

18. How do you keep yourself warm at night? Have you got extra coverings to put on your bed if you are cold?

19. Are there any broken windows in your home? Any repairs that need to be done?

20. Because of the number of possessions you have, do you find it difficult to use some of your rooms? If so which ones?

21. Do you struggle with discarding things or to what extent do you have difficulty discarding (or recycling, selling, giving away) ordinary things that other people would get rid of?