Hoarding disorder, therapeutic jurisprudence and residential tenancy law: A complex relationship and opportunities for reform

Abstract

For many, home represents comfort and security. However, for renters living with hoarding disorder, stable housing is often at risk. Hoarding disorder is a chronic mental illness associated with significant public health risks to both communities and individuals across jurisdictions. Internationally, residential tenancy laws often address hoarding using blunt legal measures at odds with the treatment needs of people living with the condition, which can negatively impact their health and wellbeing and potential recovery.

Leveraging a therapeutic jurisprudence framework to consider biopsychosocial outcomes, this paper examines residential tenancy laws in Victoria, Australia to consider how tenancy laws affect tenure security and the extent to which they hinder the promotion of health and wellbeing among renters living with hoarding disorder. A rapid review of international academic and grey literature, Victorian case-law and relevant parts of the Residential Tenancies Act 1997 (Vic) was conducted.

Analysis showed that, in the case of Victoria, the legal framework does not fully align with therapeutic jurisprudence principles, instead relying on impersonal task-centred approaches to address hoarding related issues in rental properties. Consequently, renters living with hoarding disorder are at increased risk of psychological distress, homelessness, and a reluctance to engage with supports. Recommendations with international relevance and applicability are discussed, including sector coordination and capacity building, and common avenues for legislative reform. Future research should prioritise lived experience perspectives, along with generating improved evidence through robust data collection that can inform reform in the rental sector.