Hoarding, property condition and tenant welfare: your responsibilities and rights 

When hoarding escalates to a level that affects the safety, hygiene or structure of a social housing property in your portfolio, it can create serious risks for the tenant, their household and their neighbours. As a social housing landlord, you have a responsibility to respond appropriately whenever hoarding impacts property condition or tenant welfare, while remaining within the law and respecting tenant rights. 

Hoarding can present significant hazards, including blocked exit routes, fire risks, pest infestations, damp, mould, and structural damage. Many cases also intersect with mental health and broader welfare concerns, so it is essential to approach these situations thoughtfully and with empathy. 

The legal precedent for hoarding within social housing  

As a social housing provider, several legal frameworks dictate how you must maintain your properties and respond to hoarding. Section 11 of the Landlord and Tenant Act 1985 imposes an implied repairing obligation on most residential tenancies, requiring you to keep the structure and exterior of a dwelling, as well as installations for gas, electricity, water and sanitation, in good repair. 

In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor— 

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes), 

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and 

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water. 

– Section 11, Landlord and Tenant Act 1985 

This duty cannot be waived in a tenancy agreement, and repairs must be carried out within a reasonable time once the issue is known.  

The Homes (Fitness for Human Habitation) Act 2018 strengthens this obligation by requiring properties to remain fit for human habitation throughout the tenancy. Properties seriously contaminated, unsafe, or unfit due to hoarding-related hazards could breach this duty.  

Equally, the Housing Health and Safety Rating System (HHSRS) allows local authority environmental health officers to formally assess risks to health and safety and serve enforcement notices if hazards are found.  

Finally, from October 2025, Awaab’s Law introduced specific timelines for social landlords to investigate and address serious health and safety hazards, including damp and mould. While hoarding is not explicitly named, the law emphasises prompt engagement with risks that could affect occupant welfare. 

So, to summarise, your obligations are outlined in the following laws and regulations:  

• Landlord and Tenancy Act 1985  

• Homes (Fitness for Human Habitation) Act 2018  

• Housing Health and Safety Rating System (HHSRS)  

• Awaab’s Law 2025  

If you would like to learn more about Awaab’s Law, we have produced a useful guide available here.  

Legal responses to hoarding within social housing  

Hoarding is often associated with mental health conditions such as obsessive-compulsive disorder or neurodiversity, so conversations should be conducted with empathy, and consideration should be given to signposting welfare or specialist support.  

Equally, it is essential to document the condition of the property, associated risks and all communications from the earliest inspection or concern, as this supports compliance and provides a record if enforcement action becomes necessary. You should seek the tenant’s permission for entry and assessments, providing reasonable notice (typically at least twenty-four hours). Forced entry without consent is only justifiable in immediate life-threatening situations, as otherwise it could breach the tenant’s right to quiet enjoyment. 

When hoarding creates clear hazards, your actions must be proportionate, justified, and well-documented. Commissioning a professional risk assessment helps identify fire, hygiene, pest, or structural issues, and you should involve specialists where appropriate.  

Statutory notices may also apply if hoarding results in conditions deemed hazardous under HHSRS. In this case, local authorities can issue improvement notices or prohibition orders, and failure to comply by the tenant constitutes an offence. 

Whatever you do, you should avoid reckless clearing of possessions without consent, as this could constitute unlawful interference with tenant rights. Ignoring welfare concerns is equally risky, particularly when hoarding coexists with medical or mental health conditions, as this could lead to complaints to the Housing Ombudsman or human rights challenges. 

Essentially, the advice comes down to documenting every inspection, communication, and risk assessment, and engaging with tenants sensitively, offering support and referrals where appropriate. If necessary, involve environmental health or other professionals promptly when hazards are identified.  

Enforcement or possession actions should be pursued only as proportionate responses, with detailed records kept at all stages. 

If you are a landlord facing the challenges of hoarding in your properties, it is crucial to navigate these responsibilities with tailored guidance from a solicitor.  

We can provide practical support with managing hoarding, property condition, and tenant welfare. Please get in touch with our expert team.